The Sexual Stratification Hypothesis and Prosecuting Sexual Assault: Is the Decision to File Charges Influenced by the Victim-Suspect Racial-Ethnic Dyad?

• NCJ Number: 304517
• Journal: Crime & Delinquency Volume: 67 Issue: 8 Dated: 2021 Pages: 1165-1194
• Author(s): Shamika M. Kelley; Jessica C. Fleming; Brittany L. Acquaviva; Katherine A. Meeker; Eryn Nicole O’Neal
• Date Published: 2021
• Length: 30 pages
• Grant Number(s): 2009-WG-BX-009
• Agencies: NIJ-Sponsored
• Publication Type: Research (Applied/Empirical)

Annotation

Using data from 389 sexual assault (SA) complaints reported to Los Angeles police and referred to the Los Angeles County District Attorney’s Office, this study examines whether the victim-suspect racial-ethnic dyad and extra-legal victim-related factors shape prosecutorial initial filing decisions.

 

Abstract

The sexual stratification hypothesis (SSH) posits that criminal-legal responses to sexual victimization differ depending on the victim-suspect racial-ethnic dyad. Existing tests of the SSH have resulted in inconsistent findings. Notably, we build on previous SSH tests by rotating racial-ethnic dyad reference categories to catalog all possible pairwise differences within the set of dummy variables. Findings suggest that prosecutors consider the victim-suspect racial-ethnic dyad and victim-related factors during initial filing. Theoretical advancements, practical implications, and suggestions for future research are discussed. (Publisher Abstract)