Rape Co-occurrence: Do Additional Crimes Affect Victim Reporting and Police Clearance of Rape?

Despite the increased research attention given to rape and violence against women, little is known about rape co-occurrence, or rape incidents that involve another crime. Although previous research has found certain incident characteristics increase the likelihood that a victim reports her rape to police and that the offender is arrested and prosecuted, the relationship between co-occurrence and these responses is unknown. Given this gap in the literature, the main goal of the present research is to provide an initial understanding of rape co-occurrence and its effect on victim reporting and police clearance. To explore these issues, this study uses two national data sources that collect the requisite incident-level information: the National Crime Victimization Survey and the Uniform Crime Reporting Program’s National Incident-Based Reporting System. Few rapes are found to co-occur with other crimes. When rapes do occur with other crimes, though, they are more likely than solo-occurring rapes to involve weapons, strangers, additional injury to the victim, and multiple offenders. Rapes that co-occur also are more likely to be reported to police and cleared by police than rapes that occur with no other crimes.

Brief Research Report: Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition—the alleged victim testified immediately after the incident; (b) repressed condition—the alleged victim reported the assault 1–39 years later, after remembering it for the first time; or (c) not-repressed condition—the alleged victim reported the assault 1–39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.     

You shouldn't feel that way! Extending the emotional victim effect through the mediating role of expectancy violation

Recent research has shown that the ‘emotional victim effect’ (an emotional victim is more readily believed than a nonemotional victim) is mediated by expectancy violation: people base their judgments about a victim's credibility on their expectations of the victim's suffering. Victims whose behavior is inconsistent with these expectations suffer a loss of credibility. In this article, we further examine the role of expectancy violation and explore possible negative effects of a victim's highly emotional post-crime reaction. Using several mediations, we demonstrate three important contributions to the existing literature. First, we demonstrate that, in the same way as expectancy violation mediates the effect from nonverbal emotional expression on perceived credibility, this mediating effect would also hold for the verbal expression of emotions. Second, we demonstrate that expectancy violation mediates the effect from a victim's verbal emotional expression on the observer's attitude toward the victim. More specifically, we demonstrate that a highly emotional written Victim Impact Statement (VIS) could lead to secondary victimization, dependent on the observer's expectations regarding the effects of the crime. Third, this article is the first to demonstrate that expectancy violation leads to a negative effect on people's acceptance of the VIS in the criminal justice procedure.     

The emotional witness effect: story content,emotional valence and credibility of a male suspect

Abstract

Building on previous research which identified alcohol as the drug of choice for facilitating sexual assaults, this paper analysed 93 rape cases reported to the police in which the victim was under the influence of drugs/alcohol when the assault occurred. The aim was to explore what substances victims consumed to become incapacitated and who induced the state of incapacity. The degree of pre-planning suggests that the offender could be described as opportunistic or predatory. Findings demonstrated that the majority of rapes (coming to police notice) in which alcohol or drugs are implicated, are circumstances where the victim has self-intoxicated through alcohol consumption. There were relatively few cases in which drugs had been administered surreptitiously. The analyses successfully identified differences between rapes that occur when the victim is intoxicated or drugged according to how she consumed that alcohol/drug and what kind of alcohol/drugs she had consumed. The concept of negotiative space is offered as a potential theoretical explanation. The findings are discussed in the light of this and recommendations for crime prevention are made.     

The ‘Usual Suspects’

Abstract

A key issue in contemporary criminology is the role that social status, and particularly race, plays in legal processes. Previous research suggests that criminal justice proceedings-including arrest, conviction, and sentencing rates-are influenced by victim and offender race, but rarely examines the role of race in reporting events to the police. The following research uses data from the rape sub-sample of the National Crime Victimization Survey of households 1992-2001; logistic regression analyses are conducted to determine how victim and offender race influence reporting of rape to the police, controlling for other incident characteristics. The findings suggest that rapes with a Black perpetrator are much more likely to be reported to police, regardless of whether the victim is white or Black.     

A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims' families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991) . The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death‐eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim's family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.     

A fatal interaction: The role of the victim and function of aggression in intrafamilial homicide

Abstract

This study examines the interaction between the victim and offender during intrafamilial homicide. It is hypothesised that in order to understand the fatal consequences of the interaction, a psychological model must take into account both the role of the victim, as either a significant person or non-significant object, and the function of the aggression, as either instrumental or expressive. The combination of these two proposed facets gives rise to four hypothesised styles of intrafamilial homicide. This hypothesis was tested by analysing 191 intrafamilial homicide cases from the Chicago HITS database. Fifty two crime-scene actions were analysed using Smallest Space Analysis which revealed four distinct thematic clusters of variables. These themes corresponded to the hypothesised facets of victim role and function of aggression. Two related to expressive acts, (a) those murders where the offender kills multiple members of his family and subsequently takes his own life, and (b) cases where the victim is not treated as a significant person in the interaction but is simply used as a target for the offender's rage. The other two relate to instrumental acts, (c) those murders that are a culmination of years of abuse in which the offender sees the killing as the only means of escape, and (d) homicides where the victim is seen as an obstacle to the offender achieving a goal and is removed.

A further test of the validity of these four themes in describing distinct forms of interaction within intrafamilial homicide was to examine the proportion of cases which could be classified according to the framework. The hypothesis that each relationship would map onto just one of the interactional styles was tested by χ² which confirmed that such exclusive relationships existed at the p < .001 level of significance. This has theoretical as well as practical implications in that in using this method of classification it may be possible to infer which family member is responsible for killing their relative.     

No body,no crime? The role of forensic awareness in avoiding police detection in cases of sexual homicide

PurposeThe study examines whether the use of forensic awareness strategies increases the chance of avoiding police detection in sexual homicide.MethodsLogistic and negative binomial regression analyses are used on a sample of 350 cases of sexual homicide – 250 solved and 100 unsolved cases – in order to determine if forensic awareness strategies are related to the status of the case (i.e., solved versus unsolved) and the number of days before body recovery, while controlling for certain victim characteristics.ResultsAlthough an offender’s use of precautions does not seem to increase the offender’s chance of avoiding police detection, some modus operandi behavior adopted by the offender at the crime scene may help to delay the discovery of the victim, and thus delay the offender’s apprehension. Moreover, the likelihood of whether or not a sexual murderer is apprehended varied significantly across victim characteristics.ConclusionSome offenders seem to exhibit rational thinking in targeting certain types of victims and in adopting certain strategies in order to delay body recovery. Number of days until body recovery is a more appropriate measure of detection avoidance than case status, as it is not biased by administrative rules or timing of data entry.     

Effects of offender motivation, victim gender, and participant gender on perceptions of rape victims and offenders

The primary purpose of the present study was to examine whether knowledge of the motivation of an offender can influence participant perceptions of victim and perpetrator responsibility for a sexual assault. In addition, the synergistic influence of victim gender and participant gender with offender motivation was explored. Participants were 171 men and women from a small Northeastern college exposed to a stimulus in which a rapist's motivation was varied as either sexual or violent. Participants were more certain that the stimulus described a rape, recommended a longer prison sentence for the offender, and assigned less blame to the victim when exposed to an offender motivated by violence as opposed to an offender motivated by sex. Offender motivation also interacted with participant gender and victim gender on participants' perceptions of victim blame and offender responsibility. The results suggest that an offender's motivation for rape can influence perceptions of the offender's and victim's responsibility for the assault.     

Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

Negative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N?=?335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.     

The believability of repressed memories

Two experiments investigated how mock jurors react to a case involving a repressed memory of child sexual assault. Subjects read a fictional civil trial (Experiment 1) or criminal trial (Experiment 2) summary involving the sexual assault of a 6-year-old female. The summary was presented in one of three conditions: (a)child condition: the alleged victim reported her memory of the assault in the same year that the assault occurred; (b)repressed condition: the alleged victim reported the assault 20 years later, after remembering it for the first time; or (c)no-repressed condition: the alleged victim reported the assault 20 years later, but the memory of the assault had been present for the 20 years. Although the testimony of the alleged victim was believed to some extent in all conditions, the alleged victim in the child condition was believed at the highest level, and this was associated with more decisions against the defendant. The results are discussed in terms of how delayed reporting of child sexual assault crimes is associated with lower believability of the alleged victim.We would like to thank Christy Kennedy, Paula Brinegar, and Elizabeth Thomas for their assistance in collecting and scoring the data, as well as Michael Nietzel, Monica Kern, Ronald Roesch, and three anonymous reviewers for their comments on earlier drafts of this paper.     

The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

Prosecuting sexual assault: A comparison of charging decisions in sexual assault cases involving strangers,acquaintances, and intimate partners

In this study of prosecutors' charging decisions in sexual assault cases, we test the hypothesis that the effect of victim characteristics is conditioned by the relationship between the victim and the suspect. We categorize the victim/suspect relationship as one involving strangers, acquaintances/relatives, or intimate partners, and we examine the effect of victim, suspect, and case characteristics on charging decisions in each type of case. The results of our analysis reveal that the effect of victim characteristics, with one exception, is confined to cases involving acquaintances and intimate partners. In these types of cases, prosecutors were less likely to file charges if there were questions about the victim's character or behavior at the time of the incident. In contrast, the victim's reputation and behavior did not affect charging in cases involving strangers; in those types of cases, prosecutors were more likely to file charges if the suspect used a gun or knife or if the victim was white. We conclude that stereotypes of “real rapes” and “genuine victims” continue to influence the charging decision in at least some types of sexual assault cases.     

The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

The role of sexual interests and situational factors on rapists' modus operandi: Implications for offender profiling

Purpose. Although it has often been suggested that there is a direct relationship between an individual's sexual interests and behaviours exhibited during the crime they commit, few studies have investigated this question empirically. The purpose of the present study was thus to examine the role of sexual interests and situational factors as to their possible relationship to three components of rapists' modus operandi: (a) the level of organization of the offence, (b) the level of force used by the offender, and (c) the level of injury inflicted on the victim during the sexual assault. Methods. This study is based on a sample of 118 offenders who sexually assaulted a female aged 16 or over. All participants were assessed phallometrically and through the CQSA, a computerized questionnaire. Data were analysed using multiple regression analyses. Results. Our findings showed links between sexual interests, situational factors, and rapists' modus operandi. Firstly, individuals demonstrating a greater sexual interest in nonsexual violence showed a higher level of organization in the modus operandi. Secondly, alcohol consumption prior to the offence was related to a higher level of coercion. Finally, a negative emotional state prior to the crime was related to a high level of injury inflicted on the victim. Conclusions. Despite the fact that several authors postulated a direct link between the offender's sexual interests and his behaviour at the crime scene, our results only partially support this hypothesis. Moreover, our results partly support the fact that crime scene behaviour is related to offenders' personal characteristics, challenging an assumption of criminal profiling. We still believe that the modus operandi is related to offenders' personal attributes. It is, however, dynamic and may fluctuate due to certain situational factors related to offenders and victims. Future studies should take into account situational factors related to offenders and their victims.     

An Empirical Analysis of 30 Years of U.S. Juvenile and Adult Sexual Homicide Offender Data: Race and Age Differences in the Victim–Offender Relationship

Abstract: Little is known about the racial patterns of crimes committed by sexual homicide offenders (SHOs). This study examined race and age influences on victim–offender relationship for juvenile and adult SHOs. A large sample (N = 3868) from the Supplemental Homicide Reports (1976–2005) was used. Analyses of victim–offender patterns included examining victim age effects (child, adolescent, adult, and elderly). The findings revealed several race‐ and age‐based differences. Black offenders were significantly overrepresented in the SHO population. This finding held for juveniles and adults independently. White SHOs were highly likely to kill within their race, “intra‐racially” (range 91–100%) across four victim age categories, whereas Black SHOs killed both intra‐racially (range 24–82%) and inter‐racially (18–76%), with the likelihood of their killing inter‐racially increasing as the age of the victim increased. This study underscores the importance of considering victim–offender racial patterns in sexual murder investigations, and it offers practical implications for offender profiling.     

Distance travelled and offence characteristics in homicide,rape, and robbery against business

Purpose. We aimed (1) to describe distances from home to offence locations (journey‐to‐crime) of offenders in difficult‐to‐solve homicides and rapes as well as robberies against businesses; (2) to see whether the distances in these offences differ from each other; and (3) to test whether selected features related to the offence would be associated with the distances. Methods. Lists of difficult‐to‐solve (DTS) homicides (N = 99) and rapes (N = 56) as well as robberies against businesses (N = 275) from the city of Milan (Italy) were acquired. The collected data consisted of home and offence location coordinates with information on the behaviour of the offenders (for rapes and homicides). The journey‐to‐crime functions were calibrated using the journey‐to‐crime module of CrimeStatIII©. Results. Most distances were short. In homicides, distances were below 1 km, in rapes below 2 km whereas in robberies against businesses almost 6 km. Some crime features were correlated with the distances in rape and homicide cases. Combining the behavioural information to a spatial behaviour measure allowed for better prediction of travelled distances compared to using single variables. Conclusions. The results have practical implications for crime investigations as the crime features explored were, as a rule, such that they would be known by the police prior to the offender being identified. A general theoretical framework for binding together journey‐to‐crime distances and offender crime scene behaviour and other important crime features is needed.     

Differentiating sexual violence: A comparison of sexual homicide and rape

Abstract

The present study sought to identify consistent patterns in the actions of sexually violent offenders to determine whether sexual homicide and rape reflect different behavioral emphasis of a single thematic model of sexual assault. Crime scene behaviors of 74 (37 sexual homicides and 37 rapes) solved cases of sexual assaults were compared, and results of a multi-dimensional analysis revealed three thematic styles of interacting with the victim during a sexual assault (Exploit, Control, and Violent). Further analysis indicated that offender–victim interactions in sexual homicide and rape are predominantly distinguished by the degree of violence, such that behaviors associated with each type of offense were found to occur in two discrete areas along a single continuum. Findings are discussed in terms of producing a general framework for understanding sexual violent interactions.