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Rape Survivors and the Legal System (From Violence and the Law, P 135-158, 1994, Mark Costanzo and Stuart Oskamp, eds. -- See NCJ-150373)

NCJ Number
150380
Author(s)
P Frazier; S Candell; N Arikian; A Tofteland
Date Published
1994
Length
24 pages
Annotation
The processing of rape cases by the legal system is analyzed with respect to the factors that influence the victim's decision to report the rape; the amount of attrition in case prosecution after the initial report; and the decisionmaking processes of victims, police, and prosecutors.
Abstract
The review suggests that many victims do not report their assault to the police, despite potential benefits both to themselves and to society. Factors that appear to discourage victims from reporting are distrust of the police and the narrow definition of real rape in our society. Data on case attritution indicates that suspects are often not identified and that even when they are identified, they sometimes are not questioned. Consequently, charges are filed in a small percentage of cases, and fewer than 10 percent result in a conviction or prison sentence. Many victims drop out of the process after they have reported, probably due partly to dissatisfaction with how they have been treated by the criminal justice system, fear of how they will be treated, or concerns about whether their credibility may be questioned. Police and prosecutors are influenced by the severity of the case, the strength of the evidence, the race of the victim, and the race of the defendant. Further analysis indicates that although some unique biases may exist in the processing of rape cases, attrition is a more general problem. Further empirical data on the extent and causes of attrition in rape cases and other kinds of cases are needed. Figure, tables, and 45 references