It All Just Piles Up: Challenges to Victim Credibility Accumulate to Influence Sexual Assault Case Processing

A Qualitative Analysis of Victims' Perceptions of Procedural Justice for Sexual Victimization

Sexual violence is a prevalent crime that is heavily underreported. Police behaviors when responding to such crimes can influence decisions to report. Furthermore, there is a dearth of knowledge on the relationship between procedural justice tenets (e.g., dignity/respect, trustworthiness, fairness/neutrality, and having a voice) and survivors of sexual violence decisions to report. The current study uses 55 semistructured interviews with survivors of sexual violence across the United States to explore procedural justice tenets on individuals' decisions to report their victimization (or not). Findings underscore the importance for police to interact with survivors with tenets of dignity/respect. Practical implications are further discussed.

From Non-Traditional Sexual Behavior to Non-Legitimate Victims: Moral Virtue, Victim Blame, and Helping Intentions Toward a Woman Victim of Image-Based Sexual Abuse

Image-based sexual abuse represents an increasingly common form of gender-based violence, consisting of the act of non-consensually capturing, distributing, or threatening to distribute sexually explicit material depicting another person. The purpose of the present study was to investigate how women victims' noncompliance with traditional female sexuality influences bystanders' perceptions of the phenomenon. Specifically, we experimentally examined whether a woman's sexual agency (high vs. low) and the length (steady vs. transient) of the relationship with the perpetrator affected her moral evaluation, victim blaming, and participants' willingness to support her. A sample of 597 adults (65.7% women, Mage = 31.29 years) took part in the study. The findings indicated that while a transient (vs. steady) relationship with the perpetrator significantly lowered the woman's perceived moral virtue and increased the extent to which she was blamed for the incident, a high (vs. low) woman's sexual agency decreased participants' helping intentions towards her. Additionally, results showed that men were less likely than women to attribute moral virtue and help the victim. Lastly, through the mediation of moral virtue and victim blaming, the length of the relationship indirectly influenced participants' helping intentions.

Jurors' perceptions of transgender victims of sexual assault: A literature review of empirical research and policy review of judicial instructions

Sexual assault affects many people of all gender identities, yet most cases do not result in conviction. This may be due to common, inaccurate misperceptions juries hold about how sexual assault is perpetrated and how victims respond to sexual assault. Research has examined misperceptions relating to cisgender victims, yet little is known about the unique misconceptions and stereotypes that may unfairly disadvantage transgender victims or whether courts are attempting to safeguard against them. This article presents a literature review of empirical research on (mock) jurors' perceptions of transgender victims and a review of judicial instructions about gender identity. We find that empirical research is extremely limited with mixed findings, but many jurisdictions allow for judicial instructions warning jurors against prejudice based on gender identity. Further research is urgently needed to identify common misperceptions jurors may have that are specific to transgender victims to inform legal safeguards and improve justice outcomes.

What Did Obergefell Change? Clearance of Intimate Partner Violence Before and After the Legalization of Same-Sex Marriage

Historically, same-sex intimate partner violence (IPV) was ignored, and victims often experienced high rates of harassment and intimidation from police, leading to low reporting of same-sex IPV incidents, victims' unwillingness to cooperate with the police, and common arrests in such incidents. Although the Supreme Court's decision in Obergefell v. Hodges (2015) legalized and legitimized same-sex marriages and relationships in the U.S., mandating the inclusion of same-sex partners in protective order laws and yielding collateral benefits for victims of same-sex IPV, it is unclear if the decision has had a positive effect on same-sex IPV clearance rates. This study uses National Incident-Based Reporting System data to compare IPV clearance (arrest, dual arrest, victim noncooperation, and prosecution declined) pre (2013/2014) and post (2016/2017) Obergefell v. Hodges (2015). Regression results show no substantial changes in same-sex IPV clearance after Obergefell v. Hodges (2015). Compared to opposite-sex IPV, same-sex IPV was less likely to be cleared by arrest but much more likely to be cleared by dual arrest, victim noncooperation, and prosecution declined. Same-sex IPV involving Black couples and married partners were also less likely to be cleared by arrest but more likely to be cleared by dual arrest than Black/White same-sex IPV and incidents involving unmarried partners, respectively. Moreover, same-sex IPV victims experience unfavorable criminal justice outcomes in states with mandatory arrest policies but fare better in states that supported same-sex relationships prior to Obergefell. The implications of these findings for practice and research are discussed.

"That is Not Behavior Consistent With a Rape Victim": The Effects of Officer Displays of Doubt on Sexual Assault Case Processing and Victim Participation

Despite the prevalence and severity of sexual violence, case attrition has been identified as a significant issue. Of the cases that are reported to police, only a small portion result in arrest, prosecution, or conviction. Research has revealed that much of this attrition occurs early in the process and that a number of theoretically supported legal (e.g., physical evidence, victim participation) and extralegal (e.g., demographics, victim credibility) factors influence how and whether a case progresses through the criminal justice system. However, few researchers have directly examined the impact of officer doubt on case processing. Whereas legal and extralegal factors represent case characteristics, doubt represents officer cognition about these characteristics. These perceptions can affect how victims are treated, how police investigate the case, and ultimately, the case's progression through the system. A random sample of sexual assault reports from one police department in a medium-sized jurisdiction in the western U.S. was drawn to examine the expression of officer doubt, as well as its impact on victim participation, arrest, and referral for prosecution while controlling for relevant legal and extralegal factors. The findings suggest that officer doubt is an important consideration in sexual assault case processing, independent of other legal and extralegal factors, and that it significantly impacts the likelihood of arrest and referral for prosecution. Consistent with previous research, police decision-making was also impacted by certain legal factors. Victim participation was not directly affected by officer doubt but it was predicted by extralegal factors. Implications for future sexual assault research and practitioner training are discussed.

Developmental Considerations in How Defense Attorneys Employ Child Sexual Abuse and Rape Myths When Questioning Alleged Victims of Child Sexual Abuse

Myths and misconceptions surrounding the nature of sexual assault play a role in shaping the perceptions of victims as credible and perpetrators as culpable. Defense attorneys often capitalize on myths in court as an element of their defense strategies. Researchers have established that myths about both rape generally, and child sexual abuse (CSA) specifically, appear with regularity in criminal trials of children who have made an allegation of CSA. Yet no work has systematically and quantitatively examined the impact of a child's age on the probability that attorneys will ask a myth-consistent question in criminal trials of CSA. In the current study, we examine 6,384 lines of questioning across 134 criminal trials of CSA to assess whether defense attorneys employ developmentally sensitive strategies when asking children questions that draw upon myths about sexual violence (CSA myths: disclosure myths, extent of harm, a child's positive relationship with their perpetrator, and the presence of witnesses; Rape myths: force and resistance, motives to lie, victim precipitation, and character issues). We found that attorneys did not vary their use of CSA myths by the age of the child. However, the probability that a child would receive a rape myth-consistent line of questioning, increased with a child's age. This work suggests that attorneys are, at times, strategic in their use of myths and employ these adult rape myths in ways that are plausible, purposeful, and likely impactful. The strategic use of these questions may acknowledge young children's limited development but may place too great a demand on older children's developmental capacities. Prosecutors should be prepared to counterquestion these myths in redirect examination.

The Role and Impact of the Use of Information Technologies by Police in Response to Violence against Women

The last decade has witnessed an increased awareness of the crucial need to enhance police response and investigation of crimes related to violence against women (VAW). Although some research has been conducted on police decision-making in response to these crimes, there remains a dearth of knowledge concerning the influence of innovative police technologies on the investigative process and resulting case outcomes. This knowledge gap is particularly concerning given (1) the intricate nature and severity of VAW crimes and (2) the substantial advancements in technology that have transformed how the criminal justice system handles violent crime cases. To address this gap, the current study adopted a multi-method, quasi-experimental design to assess the impact of the Miami Police Department's Real-Time Crime Center (MRTCC) technologies on the case processing and case clearance of sexual assault and domestic violence incidents. The results of this study illuminate the distinctive features associated with this form of violent crime and underscore the necessity of continuously advancing the strategies employed to address these incidents.

Men's Self-Reported and Psychophysiological Affective Responses to Sexual Violence and Their Associations with Rape Myths, Personality, and Sexual Traits: A Preliminary Study

Objective: Despite alarming evidence on sexual violence against women, little is known about men's emotional responses to rape and how these may be involved in sexual violence dynamics. Accordingly, our aim was to capture how rape scenarios are emotionally appraised. Methods: The current study evaluated men's (N = 30) self-reported and psychophysiological emotional responses (facial EMG, electrodermal activity) to a rape scene, and contrasted it with their responses to stimuli depicting nonsexual violence and nonviolent male-female interactions. The associations between men's emotional responses and their endorsement of rape myths, personality, and sexual traits were also examined. Results: Findings revealed that the rape scene resulted in higher negative affect, both subjectively and indexed by increased facial EMG (corrugator activity), than the other two stimuli. Additionally, personality traits of neuroticism, lower agreeableness, lower consciousness, psychopathic tendencies, as well as lower sexual inhibition proneness, were all associated with higher subjective sexual arousal toward rape. Conclusions: Findings add to the literature on the putative emotional processes underpinning the appraisal of sexual violence against women.

Perceptions of Common Rape: How Rape Myth Acceptance, Victim Gender, and Victim Resistance Affect Victim and Perpetrator Blame Attributions in Party Rape and Date Rape

Among rape perception studies, common types of male rape remain understudied. Using a randomized vignette design, I sampled 622 college students from a large Southwestern university to examine how victim gender and victim resistance influence blame attributions in party rape and date rape. Results revealed important interactions between victim gender, victim resistance, and rape type. Among other effects, resistance only affected victim blame in date rapes involving male victims. Results indicated that how respondents perceive victim and perpetrator responsibility, and which factors influence these perceptions, vary across rape type and victim gender. Implications for the rape perception literature are discussed.

Focal Concerns and Police Decision Making in Sexual Assault Cases: A Systematic Review and Meta-Analysis

Sexual assault and case attrition at the arrest stage are serious problems in the United States. Focal concerns have increasingly been used to explain police decision making in sexual assault cases. Because of the popularity of the focal concerns perspective and potential to inform evidence-based training, a systematic review and meta-analysis are needed to condense the literature. In this study, we assess the overall strength of the relationship between focal concerns variables and police decisions to arrest in cases of sexual assault. Our assessment of the effects of focal concerns variables on arrest decision making in sexual assault cases followed the systematic review protocols provided by the Campbell Collaboration of Systematic Reviews. Specifically, we used the Campbell Collaboration recommendations to search empirical literature and used meta-analysis to evaluate the size, direction, and strength of the impact of focal concerns variables on arrest decisions. Our search strategy detected 14 eligible studies and 79 effect sizes. The meta-analysis found several robust and statistically significant correlates of arrest. In fact, each focal concerns concept produced at least one robust arrest correlate. Overall, focal concerns offers a strong approach for explaining police decisions in sexual assault cases. Although practical concerns and resource constraints produced the strongest arrest correlates, results show the importance of additional case characteristics in officers' decision to arrest.

Understanding the Geography of Rape through the Integration of Data: Case Study of a Prolific, Mobile Serial Stranger Rapist Identified through Rape Kits

Environmental criminological research on rape series is an understudied field due largely to deficiencies in official and publicly available data. Additionally, little is known about the spatial patterns of rapists with a large number of stranger rapes. With a unique integration and application of spatial, temporal, behavioral, forensic, investigative, and personal history data, we explore the geography of rape of a prolific, mobile serial stranger rapist identified through initiatives to address thousands of previously untested rape kits in two U.S. urban, neighboring jurisdictions. Rape kit data provide the opportunity for a more complete and comprehensive understanding of stranger rape series by linking crimes that likely never would have been linked if not for the DNA evidence. This study fills a knowledge gap by exploring the spatial offending patterns of extremely prolific serial stranger rapists. Through the lens of routine activities theory, we explore the motivated offender, the lack of capable guardianship (e.g., built environment), and the targeted victims. The findings have important implications for gaining practical and useful insight into rapists' use of space and behavioral decision-making processes, effective public health interventions and prevention approaches, and urban planning strategies in communities subjected to repeat targeting by violent offenders.

"Just Bring Us the Real Ones": The Role of Forensic Crime Laboratories in Guarding the Gateway to Justice for Sexual Assault Victims

Throughout the United States, hundreds of thousands of sexual assault kits (SAKs; also termed "rape kits") have never been submitted by law enforcement personnel to a crime laboratory for forensic DNA testing. Prior research indicates that negative stereotypes about victims influence police decisions to submit kits for testing, but forensic crime laboratory personnel may also be involved in SAK submission decisions. The purpose of the current study was to explore the communication and collaboration between police and crime lab personnel regarding SAK submissions within a community with large numbers of unsubmitted rape kits. Drawing from 3 years of ethnographic observations and longitudinal qualitative interviews, we found that the police department's crime lab did not have sufficient resources to test all rape kits in police custody, which is a problem forensic laboratories are facing throughout the United States. However, we also found that access to this limited resource was controlled by crime lab personnel and their rape myth beliefs about which victims and which cases were considered worthy of the time, effort, and attention of the criminal justice system. Lab personnel emphasized that police should only submit "real" cases for forensic DNA testing, which they typically defined as physically violent stranger-perpetrated sexual assaults; "shady" cases did not merit testing, which they defined as known-offender assaults, reports made by adolescent victims, and cases in which the victim may have been engaged in sex work. We noted marked similarities in police and lab personnel's rape myth acceptance, and stakeholders readily agreed that they did have a common understanding about which victims were not credible and therefore which SAKs did not merit testing. We discuss these findings in light of recommendations from the National Academy of Sciences for the independence and autonomy of the forensic sciences from law enforcement.

Changing the Criminal Justice System Response to Sexual Assault: An Empirical Study of a Participatory Action Research Project

In jurisdictions throughout the United States, thousands of sexual assault kits (SAKs; also known as a "rape kits") have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying perpetrators, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused. This paper describes a longitudinal action research project conducted in Detroit, Michigan after that city discovered approximately 11,000 untested sexual assault kits in a police department storage facility. We conducted a root cause analysis to examine individual, organizational, community, and societal factors that contributed to the development of the rape kit backlog in Detroit. Based on those findings, we implemented and evaluated structural changes to increase staffing, promote kit testing, and retrain police and prosecutors so that cases could be reopened for investigation and prosecution. As we conducted this work, we also studied how this action research project impacted the Detroit criminal justice system. Participating in this project changed stakeholders' attitudes about the utility of research to address community problems, the usefulness of DNA evidence in sexual assault cases, and the impact of trauma on survivors. The results led to new protocols for SAK testing and police investigations, and new state legislation mandating SAK forensic DNA testing.

Great Sexpectations: The Impact of Participant Gender, Defendant Desirability, and Date Cost on Attributions of a Date Rape Victim and Defendant

We investigated the effect of the desirability of the defendant and the cost of a date on how participants assigned blame in a date rape context. Community participants (N = 211) read one of four date rape trial summaries that differed based on the two manipulated independent variables: the desirability of the defendant (i.e., high vs. low desirability) and the cost of the date (i.e., expensive [US$175] vs. inexpensive [US$30]). Participants then rated the victim and defendant on various attributes related to the trial (credibility, blame, and guilt) and post-date sexual behavior (expectations, want, and deservingness of sex). Overall, men viewed the victim more negatively and the defendant more positively than women. Participants in the high defendant desirability condition also viewed the victim as having higher want of sex following the date and rated the defendant as more credible. With regard to the cost of date manipulation, men viewed the defendant as more credible when a desirable defendant paid for an inexpensive date in comparison with an undesirable defendant. However, when the date was expensive, women viewed the desirable defendant as more credible than the undesirable defendant. Finally, we also found that participants' perceptions of the victim's expectations and want for sex and the defendant's deservingness for sex mediated the effects of participant gender and defendant desirability on victim and defendant blame.

The Decision to Arrest in Sexual Assault Case Processing: A Test of Black's Theory of the Behavior of Law

Past research applying Donald Black's theory of the behavior of law to sexual assault case processing has focused on victim decisions to report the crime to the police. This study builds on and extends prior research by examining the next stage of legal mobilization (i.e., arrest). Using secondary data on 310 cases from the 1982-2012 Sexual Assault Kit Backlog Study in Los Angeles, California, the current study explores the effects of victim, offender, and case characteristics on arrest. The results suggest limited support for the theory in this victimization context. Implications for theory, research, and criminal justice practice are discussed.

The significance of the forensic clinical examination on the judicial assessment of rape complaints - developments and trends

OBJECTIVE

The aim of this study was to investigate the role of the forensic clinical examination in the judicial assessment made by the Prosecution Service in cases of rape.

METHODS

All cases of police-reported sexual assault in the county of Funen, Denmark in a six-year period were reviewed, and the retrospective data was collected. Cases in which a forensic clinical examination was performed were included.

RESULTS

The Prosecution Service in the county of Funen received 348 police-reported rape cases and of these 184 cases were included. The Prosecution Service stated that the forensic clinical examination (FCE) was important for the decision-making process in approximately half of the cases. The Prosecution Service finding an FCE important due to the presence of relevant findings was significantly associated with the case going to trial, whereas importance due to absence of relevant findings was significantly associated with the cases not going to trial. The only single factor associated with a case going to court and a guilty verdict was an FCE of the alleged perpetrator. There were no crude associations between any other factors i.e. the type of assault, victim injuries or alcohol consumption. In a logistic regression model, however, it was significantly more likely (p < 0.05) that a forensic clinical examination of the victim was used in the Prosecution Service's decision if there were both anogenital and extra-genital injuries documented, that could originate from the alleged crime. The odds were 7.83 times higher compared to if no injuries were detected. The Prosecution Service's use of the clinical examination in their argumentation of the decision of a rape complaint has been significantly increasing from 2003 to 2015.

CONCLUSION

The results of the first in-depth analysis of the overall importance of a forensic clinical examination in cases of rape and sexual assault shows that we need to continuously focus on the documentation of sexual assault, as documentation is part of the decision-making process at all stages of the judicial process.