Policing and prosecuting sexual assault: an examination of arrest and initial filing decisions in cases involving adolescent complainants

Abstract

Sexual assault case processing has steadily received increased attention from scholars, with promising implications for the criminal justice system. Despite this increase in attention, however, there remains a dearth of literature addressing adolescent sexual assault case processing. Moreover, the few studies that have examined adolescent sexual assault case processing have resulted in inconsistent findings. The present study addresses this gap in sexual assault case processing literature by using adolescent sexual assault case files from Los Angeles County to assess the decision-making factors that influence arrest (N = 205) and initial charge filing (N = 152). Results indicate that decisions to arrest and file initial charges in adolescent sexual assault cases are influenced by similar factors: victim cooperation, physical evidence, prompt reporting, and victim age. Exceptions include suspect age and victim credibility, which only influenced arrest decision making. Theoretical, policy, and practice implications are discussed.

Keywords:

• Sexual assault
• decision making
• case processing
• adolescent victimization

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Prevalence differences found in both national surveys are attributed to the retrospective nature of the NISVS; whereas, the YRBS survey data collection is reported while the individual is still in adolescence.

2 The sample size for the initial charge filing model meets the expectation of the allotted 10 cases per each independent variable introduced into the model (Vittinghoff & McCulloch, 2007).

Additional information

Notes on contributors

Katherine A. Meeker

Katherine A. Meeker, MA is a doctoral student in the Department of Criminal Justice and Criminology at Sam Houston State University. Her research focuses on institutional (i.e., criminal justice and university) responses to sexual victimization. Her research has appeared in the Journal of School Violence and the Journal of Aggression, Conflict and Peace Research. She was the 2018 recipient of the Division on Women and Crime Graduate Student Paper Award from the American Society of Criminology.

Eryn Nicole O’Neal

Eryn Nicole O’Neal (PhD, Arizona State University School of Criminology & Criminal Justice) is an assistant professor in the Department of Criminal Justice and Criminology at Sam Houston State University (SHSU). Her research has appeared in a variety of scholarly journals, including Justice Quarterly, Violence Against Women, and Journal of Interpersonal Violence. She recently received both the American Society of Criminology Division on Women and Crime New Scholar Award (2017) and the Division of Victimology Faculty Researcher of the Year Award (2018). In 2018, she received the Academy of Criminal Justice Sciences (ACJS) William L. Simon/Routledge Outstanding Paper Award. She was the 2019 recipient of both the ACJS Victimology Section New Scholar Award and the SHSU College of Criminal Justice Faculty Excellence in Research Award.

Brittany E. Hayes

Brittany E. Hayes, PhD is an assistant professor in the Department of Criminal Justice and Criminology and the Assistant Director of the Crime Victims’ Institute at Sam Houston State University. Her research focuses on victimology and has been published in the American Sociological Review and the Journal of Research in Crime and Delinquency. She was the 2017 recipient of the Division of Victimology Researcher of the Year Award from the American Society of Criminology and 2018 recipient of the Outstanding Paper Award from the Academy of Criminal Justice Sciences.