NCJ Number
145704
Journal
CURA Reporter Volume: 23 Issue: 3 Dated: (September 1993) Pages: 1-6
Date Published
1993
Length
6 pages
Annotation
This study examined the process by which rapists are prosecuted, analyzed the factors that affect the outcome of rape cases, and explored how a rape victim's recovery is linked to the way she perceives the legal system.
Abstract
The researchers coded data from the police and court records for all 861 sexual assault cases reported to the police department during 1991. Data were coded on 101 variables, including various indices of case outcomes and factors that might be related to case outcomes. Data on victims' perceptions of the legal system and their postrape recovery were obtained separately from the police and court records. Data collection was completed 3 months after the assault. The study found significant attrition in the prosecution of sexual assault cases from the time of the initial report to sentencing. Consequently, charges were filed in a small percentage of cases, and an even smaller number resulted in a conviction or prison sentence. Apparently several factors influenced the decisionmaking of police and prosecutors. The police were more likely to refer cases to the prosecuting attorney, and prosecuting attorneys were more likely to file charges in cases that were more severe and when the evidence was relatively strong (witnesses and victim resistance). Cases that involved white victims were more likely to be vigorously prosecuted than those that involved nonwhite victims. Steps that might be taken to improve the prosecution of rape cases are the provision of more resources for police investigators, earlier notification of rape victims about their rights, improved enforcement of victims' rights, and the development of additional victim rights. 2 tables and 2 figures