NCJ Number
177940
Journal
Justice Quarterly Volume: 16 Issue: 2 Dated: June 1999 Pages: 275-302
Date Published
1999
Length
28 pages
Annotation
Using a sample of 467 sexual assault cases processed in Sacramento County (California), this study analyzes the role of prior victim-offender relationship and "negative" victim characteristics in accounting for case outcomes from prosecutorial intake to final disposition.
Abstract
Sexual assault, as the term is used in this study, encompasses felony offenses designated in the California Penal Code as rape (both nonspousal and spousal, including attempts), rape in concert, sodomy, penetration of genital or anal opening by foreign or unknown objects, and oral copulation, all under statutorily specified circumstances. All offenses carry prison terms of similar, statutorily specified duration. All the cases achieved final disposition by July 1, 1996. The study developed a codebook for case, victim, and offender characteristics and for case outcomes (rejection/dismissal versus full prosecution, trial versus guilty plea, trial verdict, jail versus prison, and sentence length measured in months). Findings show that neither prior victim-offender relationship or "negative" victim characteristics played a role in the decision to prosecute, the decision to go to trial rather than resolve by guilty plea, trial outcomes, or punishment severity as indicated by a prison (versus nonprison) term; however, both variables were significant in determining sentence length. When selection bias and relevant legal factors were controlled, the existence of a prior relationship between the victim and offender reduced the sentence length by 35 months; each additional negative victim characteristic reduced the period of incarceration by 17 months. 7 tables, 55 references, and appended definitions of selected variables as well as variables and coding values used in regression analyses