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Non-Prosecution of Sexual Abuse: A Case Study of Attrition and Informal Justice

NCJ Number
114185
Author(s)
B K MacMurray
Date Published
1987
Length
23 pages
Annotation
This study investigated criminal court processing for child sexual abuse cases referred to the South County (Massachusetts) district attorney's office during the first 2 years of Massachusetts's new child abuse reporting law (October 12, 1983 - October 11, 1985).
Abstract
From the sampling universe of over 230 cases, the first of every three cases were chosen for inclusion, yielding a total sample of 87 cases. The analysis focused primarily on the 35 cases rejected by the prosecutor at initial screening. Data encompassed the reasons cited for decisions not to prosecute and the background facts and related specifics for individual cases. The most frequent reasons for not prosecuting a child sexual abuse case were an uncooperative victim/witness or family, insufficient evidence, and a combination of these two factors. Other reasons for not prosecuting a case included the incident's occurrence outside the South County jurisdiction, the statute of limitations for sexual abuse offenses, and police termination of the investigation. Many of the cases not prosecuted were handled informally through such means as the alleged perpetrator's leaving the home, the termination of the alleged perpetrator's visits with the child, voluntary counseling, restraining orders, and care and protection petitions. 4 tables, 10 footnotes, 30 references.