Factors Affecting Sexual Assault Case Processing: Charging Through Sentencing in a Large Southern County

Abstract

Factors affecting prosecutorial decision-making represent one of the most understudied parts of the criminal justice system. Documenting these influences in relation to sexual assault cases is even more rare. The present study analyzed the complete prosecutorial case files of a large, southern district attorney’s office regarding all adult sexual assault cases received over a three-year period. Logistic regression and continuation ratio modeling were used to determine which factors were related to continued progression through the court system, from charging to sentencing. The findings indicate that cases with older or Latino defendants, as well as cases involving injury to the victim, were significantly more likely to be charged. A continuation ratio model of subsequent case outcomes indicated that factors such as DNA evidence, the use of a weapon, and the inclusion of a victim impact statement increased the likelihood of a case progressing to later stages of the system. The influence of criminal history and the amount of prosecutor contact with the victim, however, varied across outcomes. Namely, criminal history increased the odds of receiving a prison sentence while prosecutor contacts with the victim increased the odds of case indictment. These findings imply potential shifts in the treatment of these cases while also suggesting areas of improvement. Namely, prosecutors should strive to increase the amount of meaningful contacts with victims and encourage their participation in the court process. These findings also support the use of sexual assault packets by law enforcement to improve and standardize reporting practices for these cases.