Seriousness of Sexual Assault Charges

Abstract

The seriousness of a sexual assault charge in Ohio is independently determined by the amount of force used and/or the age of the victim. Penetration of the victim may or may not result in a more serious charge and is dependent on the above factors. A study was undertaken to determine what factors, over and above those defined by law, influence the seriousness of the charge in sexual assault cases. Eleven variables were examined to determine their relationship to severity of charge (rape versus nonrape) for 89 cases of sexual assault occurring in Hamilton County, Ohio between 1973 and 1979. A hierarchical multiple regression analysis showed the significant contribution to the prediction of charge of these variables: amount of force, type of sexual activity (the fact of penetration), race of the offender, and relationship of victim to offender. Using the above four variables, along with age of victim, in a discriminant function analysis, the percentage of cases correctly classified in both the rape and nonrape groups was 86.4%. The two most powerful predictors of Charge in this study were amount of force and type of sexual activity. Age of victim, though intended by law to determine severity of charge independently, did not contribute to the prediction of charge. The implications of the failure of the age of the victim to determine severity of charge, as well as systemwide discrimination against black offenders and victims who are relatives of their offenders are discussed.