Blameworthy Suspects and “Real Rape”: Assessing the Effects of Rape Culture-Specific Suspect Culpability Factors on the Police Decision to Arrest

Abstract

Police are considered “gatekeepers” of the criminal-legal system because their decisions significantly impact case outcomes. Using rape culture as our theoretical framework, we examine rape culture-specific factors that influence police arrest decisions in sexual assault cases reported to Los Angeles police. Importantly, extant research using this approach has overwhelmingly focused on indicators of “genuine victims,” and few studies have assessed rape culture-specific indicators of suspect culpability in sexual assault case processing. The present study addresses this gap. Findings indicate that arrest decisions are motivated by rape culture-specific indicators of suspect culpability and “real rape.” Theoretical and practical implications are discussed.

Keywords

rape culture culpable suspect sexual assault arrest decision-making “real rape”

Introduction

“Real rape” stereotypes, patriarchal beliefs, and rape-culture ideologies regarding “legitimate,” “genuine,” and/or “real” victims of sexual assault have long permeated criminal-legal decision-making (Estrich, 1987; LaFree, 1981).¹ Researchers have long criticized the criminal-legal system's reliance on patriarchal beliefs, rape myth acceptance, and rape culture endorsement, with scholars pointing to the problematic effects of these beliefs on legal decision-making (Brownmiller, 1975; Estrich, 1987; O’Neal, 2019). Scholars are particularly critical of these beliefs as they relate to policing because officers are uniquely situated as “gatekeepers” of the criminal-legal system, as their decisions greatly impact case processing and outcomes (Kerstetter, 1990). Indeed, officer decision-making encompasses whether (or not) an incident will garner a formal report, what resources are directed toward investigative efforts, what charges are listed on the report, whether (or not) the suspect is arrested, and whether (or not) the case is forwarded to prosecution (O’Neal & Spohn, 2017). This gatekeeping mechanism is particularly salient for sexual assault because officer discretion can lead to (unintentional) organizational endorsement of rape myths regarding what constitutes a “credible,” “genuine,” or “real” incident/report of sexual assault (O’Neal, 2019). Importantly, these problematic attitudes and beliefs contribute to case attrition—or the failure of a case to result in successful prosecution (Du Mont et al., 2003; O’Neal, 2019).

Extant research has examined the impact of rape culture-related factors on police decision-making, highlighting officer adherence to “real rape” myths and stereotypes (Alderden & Ullman, 2012; Bouffard, 2000; Du Mont et al., 2003; O’Neal, 2017; Spohn et al., 2014; Tasca et al., 2012). Findings suggest that officers are more involved in investigations when sexual assault incidents mirror “real rape” and include characteristics such as a stranger perpetrator, forcible penetration, weapon use, or evidence of physical force (Campbell & Johnson, 1997; Estrich, 1987; Page, 2007, 2010; Siegel et al., 1989). Conversely, sexual assault incidents that do not mirror “real rape” have the potential for problematic criminal-legal interpretation and negative assessments of victim characteristics, such as credibility and culpability. For example, sexual assault incidents involving married or cohabitating suspects and victims are sometimes met with skepticism by the criminal-legal system due to stereotypes that communicate that stranger rape is the only “real rape” (O’Neal, 2017; O’Neal & Hayes, 2020a).

In addition to impacting officer attitudes and beliefs, rape myths surrounding victim characteristics and behaviors also affect case outcomes. Importantly, research suggests that legally irrelevant victim characteristics sometimes hinder the successful case processing of sexual assaults (Alderden & Ullman, 2012; LaFree, 1981; O’Neal, 2019; O’Neal et al., 2015; Schuller & Stewart, 2000; Tasca et al., 2012). For example, victim alcohol consumption, reporting timeline, and victim emotionality influence police perceptions of victim credibility and subsequently impact case outcomes (Jordan, 2004; O’Neal, 2019; Parratt & Pina, 2017; Schuller & Stewart, 2000; Sleath & Bull, 2017). Put simply, some victims may be denied full protection by the criminal-legal system and encounter victim-blaming interactions with officers due to legally irrelevant victim characteristics. Overall, research has established the salience of “real rape” stereotypes in the context of victim behaviors and characteristics and the subsequent effects on sexual assault case processing (Campbell et al., 2015; O’Neal, 2019). Questions remain, however, regarding how suspect behavior and characteristics may also contribute to “real rape” stereotypes and police decision-making.

This study contributes to existing sexual assault case processing research by examining the impact of suspect characteristics and behaviors on police decision-making using a rape culture lens. Little research has focused explicitly on suspect culpability factors related to “real rape” on criminal-legal decision-making. This study fills that void by examining the arrest decision. Exploring suspect characteristics and behaviors within a rape culture context will expand extant suspect-focused research (Tasca et al., 2012) and provide a meaningful supplement to the sexual assault case processing research situated within this framework.

Literature Review

Rape Culture and Officer Rape Myth Adherence

Scholars have historically criticized the criminal-legal system for adhering to patriarchal values where rape culture-supportive beliefs and ideals normalize sexual violence (Estrich, 1987; Herman, 1988; O’Neal, 2019; Tasca et al., 2012). Rape cultures exist in environments where societal beliefs, dominant attitudes, and practices normalize, condone, tolerate, and justify sexual violence toward women (Brownmiller, 1975; Koss et al., 1994). Individuals embedded in rape culture may learn to support rape culture-specific attitudes, subscribe to rape mythology, blame women for the assaults committed against them, and view some types of sexual violence as justifiable (Koss et al., 1994). Indeed, rape myth endorsement influences how victims of rape are perceived and treated (Grubb & Turner, 2012). Criminal-legal personnel are not immune to these effects (O’Neal, 2019). Rape culture-supportive beliefs become problematic because they contribute to selective “justice”² where only those who fit the rape culture ideology of a “real victim” or “legitimate victim” of sexual assault are worthy of criminal-legal intervention (Estrich, 1987; LaFree, 1981; Meeker et al., 2021; O’Neal, 2019; Tasca et al., 2012).

Rape culture persists due to ideologically supportive beliefs known as rape myths. Rape myths are widely held misperceptions about sexual violence that reinforce rape culture (Brownmiller, 1975). Gender role expectations, patriarchal ideals, and the general acceptance of violence contribute to the persistence of rape myth ideologies (O’Neal, 2019). Rape myths include the following: women fantasize about being raped, husbands cannot rape their wives, healthy women can resist unwanted sexual advances, men can be sexually provoked to the point of no return, alcohol use causes rape, strangers usually assault victims, women who dress provocatively are “asking for it,” only attractive women are raped, all rape is forceful or physically violent, and false reports of rape are ubiquitous (Burt, 1980; Koss et al., 1994). Overall, rape myths contribute to beliefs about victims and perpetrators of sexual violence, shaping the police response (or lack thereof) to this crime. Specifically, police officers with higher rape myth endorsement are more likely to engage in victim-blaming and assign higher levels of culpability to victims thus shifting culpability away from sexual assault perpetrators (Parratt & Pina, 2017; Sleath & Bull, 2012).

Police Decision-Making in Sexual Assault

The factors that influence police arrest decisions in sexual assault cases are well documented (Alderden & Ullman, 2012; Bouffard, 2000; Kerstetter, 1990; LaFree, 1981; Meeker et al., 2021; O’Neal, 2019; O’Neal & Spohn, 2017; Schuller & Stewart, 2000; Sleath & Bull, 2017; Spohn, 2020; Spohn et al., 2014; Tasca et al., 2012). Rape culture-supportive beliefs among officers not only influence individual attitudes toward victims, but they also facilitate questionable legal decision-making and contribute to an institutional atmosphere that is skeptical of rape victims (Alderden & Ullman, 2012; Bouffard, 2000; O’Neal, 2019; Spohn & Tellis, 2014; Spohn et al., 2014; Tasca et al., 2012). Understanding the negative consequences of officer rape myth endorsement related to legal decision-making in sexual assault cases is crucial. Indeed, identifying the ways rape culture-specific ideals influence attitudes and the criminal-legal response to sexual violence is arguably the first step in correcting problematic responses. Moreover, it is salient to investigate police decision-making mainly because of their discretionary “gatekeeping” functions (Kerstetter, 1990; LaFree, 1989; Tasca et al., 2012). Police are typically the first point of contact victims have with the criminal-legal system, making these interactions and decisions paramount to case processing (O’Neal, 2019). Focusing on arrest is vital because research generally examines arrest when quantifying the decision-making power afforded to officers (O’Neal & Hayes, 2020b). Cases that result in arrest are seen as “worthy” of legal intervention and case processing. Given the current study aims, we situate our discussion of extant arrest decision-making research within the broader context of rape culture.

Research on sexual assault arrest decisions often examines factors according to whether (or not) they have legal relevance (Alderden & Ullman, 2012; Pattavina et al., 2016; Spohn & Spears, 1996; Spohn & Tellis, 2019). Legal factors include case and incident characteristics that are expected to influence criminal-legal decision-making--for example, incident seriousness and strength of evidence (Alderden & Ullman, 2012; Spohn & Tellis, 2019; Tasca et al., 2012). Specifically, witness presence, physical evidence, victim injury, victim cooperation, and suspect weapon use are all legal factors that increase the likelihood of arrest in sexual assault (Alderden & Ullman, 2012; Bouffard, 2000; Kersetter, 1990; LaFree, 1981; Meeker et al., 2021; Sleath & Bull, 2017; Spohn & Tellis, 2014, 2019; Tasca et al., 2012).

It is obvious why these case and incident characteristics influence arrest decision-making; however, when evaluating these factors through a rape culture lens, their connection to “real rape” is evident. Indeed, O’Neal (2019), in their discussion of rape culture and criminal-legal responses to sexual assault, notes that some legal factors closely mirror “real rape,” raising potential concerns about the intersection of legal factors and “real rape” stereotypes. For example, sexual assaults involving weapon use and victim injury align with “real rape” stereotypes, and research finds that these types of assaults are seen as “worthy” of legal intervention (Estrich, 1987). O’Neal and Spohn (2017), for instance, found that cases involving suspect weapon use were 15 times more likely to result in arrest, demonstrating how officer adherence to “real rape” stereotypes may impact decision-making. Ultimately, the criminal-legal system's focus on weapons and injury suggests that police practices do not necessarily reflect the reality of rape (Emmers-Sommer, 2001; Thornhill & Palmer, 2001).

While it may be argued that sexual assault incidents involving physical injury leave less room for interpretation and skepticism, it is essential to recognize that most sexual assaults are coercive as opposed to violent in nature (Emmers-Sommer, 2001; Thornhill & Palmer, 2001). Despite this reality, incidents that do not align with rape culture-supported expectations regarding post-assault injuries or use of suspect brute force are handled differently by the criminal-legal system. McGregor et al. (1999) examined the impact of documented injuries for sexual assault charging decisions. Cases with documented moderate to severe injuries were approximately three times more likely to result in the suspect being charged compared to cases with minor to no documented injuries. Unfortunately, relying on the presence of post-assault injuries can mislead police, since not all sexual assault incidents leave behind physical injury indicators (Planty et al., 2016). Specifically, Du Mont et al. (2003) found that only 27.5% of incidents had evidence of physical injury (hit, punched, kicked).

Alongside legal factors, legally irrelevant incident and case characteristics, known as extralegal factors, have been found to play a role in police decision-making. Unlike factors that have a legal basis for their inclusion in criminal-legal decisions, extralegal factors are considered due to cultural, legal, and rape-related myths (O’Neal, 2019). Victim “risk-taking” behaviors, victim credibility, victim and suspect substance use, the victim/offender relationship, victim emotionality, and victim and suspect age are all extralegal factors found to influence arrest decisions (Alderden & Ullman, 2012; Bouffard, 2000; LaFee, 1981; Meeker et al., 2021; O’Neal et al., 2019; Schuller & Stewart, 2000; Tasca et al., 2012). These factors are also associated with beliefs about victim culpability (O’Neal, 2019). For example, when a victim engages in behavior that is perceived as blameworthy, such as consuming alcohol, it does not necessarily mean that behavior was inherently risky. Instead, documentation of this behavior in police reports says something about police perceptions and what they thought was important to record (O’Neal, 2019).

Substance use is the most common victim characteristic assessed in research examining police decision-making in sexual assault (for review, see Sleath & Bull, 2017). Schuller and Stewart’s (2000) study indicated that police sometimes believe that alcohol use results in regrettable sex instead of sexual victimization. Moreover, cases involving suspect alcohol use can increase victim culpability and decrease suspect culpability, where officers believe that intoxication blurs the line of consent. Further, some officers believe that intoxicated victims are more responsible for their victimization, are generally more interested in having sex, and are less able to articulate their disinterest in having sex (Schuller & Stewart, 2000). These ideologies run parallel to rape myths that communicate “no means yes,” intoxicated victims are responsible for the crimes committed against them, suspects can be provoked to the point of no return, and that alcohol-facilitated rape is nothing more than regrettable sex. However, it should be noted that findings regarding suspect substance use and sexual assault case processing remain equivocal. For example, Goodman-Delahunty and Graham (2011) reported no significant effect of alcohol use on levels of blameworthiness. These conflicting findings potentially speak to the nexus between alcohol-related rape-culture mythology and the reality of incapacitated rape where intoxicated individuals cannot legally consent to sexual interactions.

In addition to the factors described above, another prominent extralegal factor is the suspect/victim relationship. Before discussing the suspect/victim relationship and case processing decisions, it is important to note that research has extensively documented that sexual violence commonly occurs between acquaintances (Campbell et al., 1999; Herman, 1988; Morgan & Oudekerk, 2019, Tjaden & Thoennes, 1999; Ullman & Siegel, 1993). Specifically, 78%–93% of victims report that their perpetrator was someone they knew (Morgan & Oudekerk, 2019; Ullman & Siegel, 1993). Despite this reality, some officers remain suspicious of claims made by victims of intimate and nonstranger rape (Page, 2007, Sleath & Bull, 2017). Studies indicate that officers sometimes do not perceive nonstranger assaults as legitimate rape (Feldman-Summers & Palmer, 1980). Moreover, some officers have expressed doubts about the accuracy of these reports (Campbell & Johnson, 1997). This research suggests that some police believe that “real rape” involves only stranger incidents (Campbell & Johnson, 1997; Page, 2007).

It should be noted that inconsistent findings exist regarding the suspect/victim relationship (Alderden & Ullman, 2012; Horney & Spohn, 1996; Tjaden & Thoennes, 1999). For example, some evidence suggests that stranger suspect/victim sexual assaults receive more legal intervention, such as harsher sentencing, compared to incidents involving nonstranger assaults (Bouffard, 2000; Horney & Spohn, 1996; Spears & Spohn, 1997). Furthermore, acquaintance sexual assaults are less likely to result in prosecution (Beichner & Spohn, 2005; Spohn & Holleran, 2001). Conversely, other scholarship indicates that arrest rates were higher for known suspects compared to stranger suspects of sexual assault (Tasca et al., 2012). This finding is likely due to increased suspect identification for sexual assaults where the victim knows the perpetrator.

“Real Rape” and Indicators of Suspect Culpability

Extant research that has situated police decision-making within the context of rape culture and rape myth acceptance has overwhelmingly focused on victim characteristics that align with rape culture-related beliefs (O’Neal, 2017, 2019; Page, 2007; Sleath & Bull, 2012), with specific attention paid to victim credibility (Bouffard, 2000; Jordan, 2004; O’Neal, 2019; O’Neal & Hayes, 2020a, 2020b; Schuller & Stewart, 2000). Moreover, officer rape myth acceptance contributes to victim-blaming statements such as “she wanted it,” “he didn't mean to,” and “she lied,” but is not significant in predicting perpetrator blame (Sleath & Bull, 2012). Page (2007) found that, although the majority of officers believed that any woman could be raped, police were less likely to believe women who were married or engaged in sex work. Moreover, recent qualitative assessments suggest that detectives sometimes believe that victims lie about sexual assault and that sex workers and “risk-taking” victims hinder police work (O’Neal & Hayes, 2020a, 2020b).

The studies reviewed here provide important information regarding the effects of rape culture on criminal-legal decision-making, namely, how views consistent with “real rape” or “genuine victims” impact case progression. Surprisingly, this body of research rarely investigates rape culture-specific beliefs within the context of suspect characteristics and behavior. There remains a substantial opportunity for the application of a rape culture framework with specific attention paid to what constitutes a “real” or “culpable” suspect of sexual assault. This approach will contribute to the extant body of research and simultaneously shift attention and blame away from victims. In the end, we hope this approach will be symbolic in that it will help redirect focus to perpetrator characteristics and behaviors and away from the victim. Importantly, relying solely on identifying victim-related characteristics and behaviors can subtly contribute to rape culture within the system and discipline by focusing on negative stereotypes associated with sexual assault victims and failing to shift focus to perpetrators. Importantly, this shift has the opportunity to challenge power and alter discourse (see D’Ignazio & Klein, 2020 for a discussion of data feminism and challenging power dynamics through research). This is not to say that scholars have contributed to this issue conscientiously. We acknowledge the importance of the literature reviewed above; indeed, it has formed the foundation for the current study.

To date, sexual assault case processing studies typically include perpetrator-related variables as controls or under the umbrella of broader theoretical categories (e.g., suspect weapon use as a measure of incident severity). Tasca et al. (2012) assessed 220 police reports to examine suspect identification and suspect arrest. Findings indicated that stranger-perpetrated assaults, forensic exams, prompt reporting, victim credibility issues, and victim drug use history predicted police decisions to arrest. Further, stranger suspects were perceived as nine times more culpable or blameworthy than suspects who knew their victim. Moreover, the suspect/victim racial/ethnic dyads have been identified as important to police decision-making. Specifically, O’Neal et al. (2019) found that police were less likely to make an arrest when the suspect was Black, and the victim was either Black or Latinx, compared to incidents where the suspect and victim were White. This finding aligns with previous literature highlighting that some police perceive crimes against BIPOC individuals as less serious and less worthy of criminal-legal activation or protection, while police disproportionally protect White victims of sexual violence more than victims of color (Brownmiller, 1975; LaFree, 1989; Walsh, 1987). These findings reinforce the ideology of what constitutes a “real rape” and who can and cannot be raped in the eyes of the criminal-legal system.

Current Study

Research suggests that rape culture-specific factors related to victim characteristics—namely, credibility, pre- and post-assault behavior, and reputation--influence sexual assault case outcomes (Campbell et al., 2015; O’Neal, 2019). However, relatively little research has focused explicitly on the effects of rape culture-specific suspect culpability factors on the police decision to arrest. Overall, our study focuses on the factors related to blameworthy suspects and how these “culpability” and “real rape” factors influence police arrest decisions. Overall, assessing suspect characteristics and behavior within the context of rape culture will not only expand previous suspect-focused research (Tasca et al., 2012), it will also provide a meaningful supplement to the sexual assault case processing research situated within a rape culture framework. Recall, this body of work has overwhelmingly focused on victim behavior and characteristics (Alderden & Ullman, 2012; Du Mont et al., 2003; Goodman-Delahunty & Graham, 2011; LaFree, 1981; O’Neal, 2019; O’Neal & Hayes, 2020a, 2020b; Page, 2007, 2010; Schuller & Stewart, 2000; Sleath & Bull, 2017). The research reviewed above informs the current study's research question: Does rape culture-specific indicators of “culpable suspects” and “real rape” influence the police decision to arrest in sexual assault cases?

Methods

Data

The current research uses data collected from a large-scale study examining the policing and prosecution of sexual assault in Los Angeles County in 2008 (see Spohn & Tellis, 2014). For the original study, data on 944 sexual assault complaints reported to the Los Angeles Police Department (LAPD) and Los Angeles County Sheriff's Department (LASD) by female complainants over the age of 12 were collected. The population of sexual assault cases was collected from LASD (n = 543); however, due to the numerous cases reported to the LAPD, LAPD cases were stratified by division and then by case clearance (i.e., arrest, exceptional means, investigation continuing, and unfounded; n = 401). Police officers interviewed complainants using identical report documents, but each case file was distinct in the information provided. For the original study, all sexual assault case files were reviewed, and the narratives were coded, producing ∼350 variables based on phenomena relating to victim and suspect characteristics, assault characteristics, and victims’ experiences with the criminal-legal system (SPSS version 19, International Business Machines Corp.). Given that the current study examines the police decision to arrest, we include only cases that involved an identified suspect (N = 690). The strategy aligns with previous sexual assault case processing studies (Meeker et al., 2021; Tasca et al., 2012). A suspect cannot be arrested if their identity is unknown to police.

Dependent Variable

The purpose of this study is to assess how rape culture-specific factors related to suspect culpability or blameworthiness influence arrest decision-making. Accordingly, the dependent variable for this study is whether the police arrested the identified suspect (1 = yes; 0 = no). Among our sample of identified suspects, almost half of reported complaints resulted in an arrest.

Independent Variables

This study's independent variables of interest are derived from theoretically relevant rape culture scholarship, with particular attention to suspect-related culpability factors. Given the dearth of research investigating arrest decisions through a suspect-focused rape culture framing, we provide theoretical and/or empirical justification for our variable inclusion decisions. This approach is consistent with case processing research investigating previously unexplored topics (O’Neal, 2017, 2019) and provides a rationale for each included measure by situating variables within a rape culture framework focusing on suspect culpability assessments.

Culpable Suspect and “Real Rape” Behaviors

Variables associated with perceptions of “real rape” and suspect culpability are theorized to influence arrest decisions because officers will be more likely to attribute blameworthiness to suspects who engage in behavior and perpetrate assaults that mirror “real rape” (Estrich, 1987). In other words, the more culpable the suspect (as understood through rape culture attitudes), the higher the likelihood of arrest. The first measure of a “culpable suspect” used in this study is a “real rape” index, which is comprised of six dichotomous measures (developed by St. George & Spohn, 2018). Specifically, the “real rape” index includes whether the police report documented that the suspect was a stranger, if the incident was documented as occurring outside, whether the victim promptly reported the incident (e.g., within 1 h of the incident), if the victim verbally and/or physically resisted, police did not question the victim's credibility, and the victim did not engage in risk-taking behaviors (mean = 3.03, range = 0−6). Despite estimates indicating that most sexual assaults are perpetrated by known suspects (Morgan & Oudekerk, 2019) and do not occur in public spaces, police may not perceive incidents committed by nonstrangers and/or that are perpetrated in private as “real rape” (Estrich, 1987). Moreover, sexual assault case processing literature has established the saliency of victim credibility assessments among police decision-making (Campbell et al., 2015; O’Neal, 2019). As a result, suspects may be perceived as less culpable in incidents with questionable victims. As “real rape” characteristics increase, officers may be more likely to attribute blame to the suspect.

In addition to the “real rape” index, we also include dichotomous predictors of aggravated rape (1 = yes; 0 = no), penetration (1 = yes; 0 = no), and whether the most serious incident was charged as rape rather than attempted rape, sexual battery, or unlawful sex (1 = yes; 0 = no; Spohn & Tellis, 2014). Aggravated rape includes cases where the report indicated the suspect used or threatened to use a weapon, the incident included multiple suspects, and/or the suspect's actions resulted in victim injury (Estrich, 1987; Horney & Spohn, 1996; O’Neal, 2017). Injurious consequences included: bruises, cuts, burns, broken bones, stab wounds, internal and/or genital injuries, bite and/or choke marks. Although penetration and the rape charge variables may capture the same phenomena, they are distinct. Rape differs from attempted rape and sexual battery in that these incidents are considered more serious based on penetration; however, sexual battery may overlap with attempted rape depending on the amount and location of physical contact, nudity, and injury (St. George & Spohn, 2018).

Moreover, whereas the rape charge variable captures criminal-legal actor interpretation of the crime and how it is subsequently formally recorded, penetration captures an incident characteristic which, in these data, does not always result in a formal rape categorization. Indeed, 64 cases in this sample did not result in a formal classification of rape despite penetration being reported by the victim. Whether the report indicated that the suspect engaged in alcohol consumption (1 = yes, 0 = no) or used various tactics to the victim were also included in the model. Research regarding suspect alcohol use has produced inconsistent findings regarding perceptions of suspect’s culpability (see Campbell et al., 2015; Goodman-Delahunty & Graham 2011; Richardson & Campbell, 1982; Schuller & Stewart, 2000). Subdue tactics is included as an index that encompasses whether the report indicated the suspect subdued the victim through verbal coercion, threats of harm, drugs, roughness (e.g., pushing, slapping, and physical restraint), beating by hands and/or object, tied up, held the victim down, and/or choked the victim (mean = 1.57, range = 0–10). Research finds that more forcible assaults are viewed as “real rape” (Estrich, 1987). Subdue tactics are a way for officers to quantify the suspect's use of force directly. As more subdue tactics are used, police may be more likely to attribute blame to the suspect based on “real rape” stereotypes.

Control Variables

To isolate the effects of blameworthy suspect characteristics and “real rape” typifications on the police decision to arrest, this study controls for other theoretically relevant variables. Specifically, evidentiary indicators and victim and suspect demographics/characteristics are consistently found to influence police decision-making. Regarding evidentiary strength, extant research finds that complainant cooperation influences arrest (Alderden & Ullman, 2012; O’Neal & Spohn, 2017); therefore, this study controls for whether (or not) the complainant cooperated during the investigation (yes = 1; 0 = no). Physical evidence is included and captures whether physical evidence is obtained from the crime scene, victim, and/or suspect (1 = yes; 0 = no). Physical evidence includes collecting clothing, semen, skin, blood, fingerprints, hair, and/or bedding. A count measure was included that captured the number of witnesses to the incident (mean = 0.93, range = 0–11). A dichotomous measure is included that captured whether officers documented negative victim characteristics, such as a prior history with drug/alcohol abuse, working as a stripper and/or sex worker, a criminal record, and/or gang affiliation (1 = yes; 0 = no). Whether (or not) officers documented that the victim suffered from mental health issues was also included (1 = yes; 0 = no). Regarding victim and suspect demographics, we control for suspect and victim race. Victim and suspect race were dichotomously coded (victim or suspect of color = 1, White = 0; Meeker et al., 2021; O’Neal, 2017).³ Suspect and victim age were also continuous measures (mean = 31.76 and 25.17, respectively). Lastly, we controlled for whether the sexual assault case was reported to the LAPD (1 = yes; 0 = no), with LASD serving as the reference category.

Analytic Strategy

This study was conducted in multiple stages. First, descriptive statistics were examined to assess the frequency, mean, and standard deviations of all variables included in our model. Next, variance inflation factors (VIFs) and tolerance levels were calculated to ensure our sample did not suffer from collinearity. VIFs and tolerance levels did not exceed the established cutoffs (values are <4 and >0.20, respectively; Belsley et al., 1980; Fox, 1991). Third, we examined missing data using Little's missing completely at random (MCAR) to assess whether list-wise deletion caused biased parameters. The MCAR test indicated the missing data were MCAR; therefore, we list-wise deleted missing data (little MCAR χ² = 189.15, df = 194, p = .58; Graham, 2009). As a result of list-wise deletion, our final sample comprised 646 sexual assault cases. Finally, we used logistic regression to estimate the effects of the independent variables on the police decision to arrest.

Results

Descriptive Statistics

All descriptive statistics for the variables included in the model are reported in Table 1. As previously mentioned, an arrest can only occur if the suspect is identified; thus, the analyses only include cases where the identity of the suspect is known to police. Of identified suspects, 50.93% of sexual assault cases resulted in an arrest. Sexual assault cases had an average of 3.04 “real rape” characteristics. Almost 60% of the sexual assault cases (57.28%) were categorized as aggravated rape. Over half of the reports (65.94%) indicated the presence of penetration. Rape was specified as the most serious incident in 61.46% of cases. Reports indicated the suspects consumed alcohol prior to or during the incident in one-third of cases (33.13%). Victims reported an average number of 1.57 subdue tactics used by the suspect. The victim cooperated with the investigation in 73.53% of cases. At least one form of physical evidence was collected in almost half of the cases (49.23%). Cases had a range of 0–11 witnesses to the incident. Nearly 15% of the sexual assault cases (13.00%) reported that the victim had at least one negative characteristic (e.g., history of drug/alcohol abuse and criminal record), and ∼8% of cases (8.36%) reported that the victim suffered from a mental health issue. More than 80% of the cases (82.35%) involved a suspect of color, with almost three-fourths of the cases (73.84%) involving a victim of color. The average reported age of the victim was 25.17, and the average reported age of the suspect was 31.76. Finally, 39.63% were reported to the LAPD.

Table 1.

Descriptive Table (N = 646).

	n	% or mean
Dependent variable
Police arrested suspect independent variables	329	50.93%
Culpable suspect and real rape behaviors
Real rape index	646	3.04
Aggravated rape	370	57.28%
Penetration	426	65.94%
Rape charge	397	61.46%
Suspect alcohol use	214	33.13%
Subdue tactics	646	1.57
Control variables
Evidentiary strength
Victim cooperation	475	73.53%
Physical evidence collected	318	49.23%
Number of witnesses	646	0.93
Complainant, suspect, and agency characteristics
Negative victim characteristics	84	13.00%
Victim mental health issues	54	8.36%
Suspect of color	532	82.35%
Victim of color	477	73.84%
Victim age	646	25.17
Suspect age	646	31.76
LAPD	256	39.63%

Note. LAPD = Los Angeles Police Department.

Logistic Regression

Table 2 presents results from the analysis examining “real rape” and suspect culpability factors on the police decision to arrest. Results suggest that indicators of suspect culpability and “real rape” behaviors, victim behavior and characteristics, and relevant control variables influence the likelihood of arrest. Notably, some hypothesized and theoretically driven suspect culpability factors did not affect the likelihood of arrest. The model χ² statistic indicates that the model fits the data; the Nagelkerke pseudo R² is 0.32.

Table 2.

Logistic Regression Analysis (N = 646).

Variables	b	S.E.	OR
Independent variables
Culpable suspect and real rape behaviors
Real rape index	0.23*	0.10	1.26
Aggravated rape	0.06	0.22	1.07
Penetration	0.03	0.28	1.03
Rape charge	−1.32***	0.28	0.27
Suspect alcohol use	0.39†	0.21	1.48
Subdue tactics	0.32***	0.08	1.38
Control variables
Evidentiary strength
Victim cooperation	1.72***	0.23	5.57
Physical evidence collected	0.77**	0.24	2.16
Number of Witnesses	0.21**	0.07	1.23
Complainant, suspect, and agency characteristics
Negative victim characteristics	−0.15	0.29	0.86
Victim mental health issues	−0.74*	0.35	0.48
Suspect of color	−0.49	0.27	0.62
Victim of color	0.08	0.23	1.08
Victim age	−0.00	0.01	1.01
Suspect age	0.01	0.01	0.01
LAPD	−0.14	0.20	0.87
Constant	−2.12	0.56	0.12
Nagelkerke R²	32.4

Note. LAPD = Los Angeles Police Department; LASD = Los Angeles County Sheriff's Department.

†Approaching significance. ***p < .001. **p < .01. *p < .05. LASD and White are reference categories.

Focusing on the key variables of interest, as “real rape” characteristics increased, arrest likelihood increased (Exp(B) = 1.26, b = 0.23, p < .05). Cases where rape was the most serious incident were less likely to result in an arrest (Exp(B) = 0.27, b = −1.32, p < .001). Suspect alcohol use approached significance and positively influenced arrest likelihood (Exp(B) = 1.48, b = 0.39, p = .058). In addition, as the number of suspect subdue tactics increased, arrest likelihood increased (Exp(B) = 1.38, b = 0.32, p < .001).

In addition to suspect culpability and “real rape” behaviors, theoretically relevant controls related to evidentiary strength influenced the likelihood of arrest. Specifically, if the victim cooperated during the investigation stage, arrest was ∼6 times more likely (Exp(B) = 5.57, b = 1.72, p < .001). Moreover, as the types of physical evidence obtained increased, arrest likelihood also increased (Exp(B) = 2.16, b = 0.77, p < .01). As witnesses increased, officers were more likely to arrest (Exp(B) = 1.23, b = 0.21, p < 0.01). Regarding victim characteristics, if the victim suffered from a mental health issue, arrest likelihood decreased (Exp(B) = 0.48, b = −0.74, p < .05).

Discussion

The current study focuses on rape culture-specific factors related to blameworthy suspects and how these “culpability” and “real rape” factors influence police arrest decisions. This research contributes to two broad areas of inquiry—specifically, sexual assault case processing and rape culture effects on criminal-legal decision-making—and builds on extant research in several important ways. Sexual assault case processing scholars have long studied criminal-legal decision-making within a rape culture context (O’Neal, 2019; O’Neal & Hayes, 2020a, 2020b; Parratt & Pina, 2017; Suarez & Gadalla, 2010); the current study contributes to this body of research by focusing on suspect behaviors and characteristics within this broader socio-historical framework. Similar to victim behaviors and characteristics, suspect behaviors and characteristics also contribute to rape mythology, justifying a rape culture framework. This study provides additional support for continued inquiry regarding the influence of suspect characteristics and behaviors on criminal-legal decision-making in sexual assault cases.

First, research investigating criminal-legal decision-making within a rape culture framework has traditionally focused on victim characteristics and behaviors, specifically pre- and post-assault behavior, credibility, and character/reputation (see Alderden & Ullman, 2012; Campbell et al., 2015; Goodman-Delahunty & Graham, 2011; O’Neal, 2019; O’Neal & Hayes, 2020a, 2020b; Page, 2007, 2010; Schuller & Stewart, 2000; Sleath & Bull, 2017). Interestingly, rape culture-informed suspect-focused research approaches are less common (Burt, 1980, p. 217; Lafree, 1989). Addressing this research gap is essential, as suspect-focused approaches can shift blame away from victims. Ultimately, in addition to expanding previous suspect-focused sexual assault case processing research (Tasca et al., 2012), we hope the current study will also symbolically redirect focus to perpetrator characteristics and behavior and away from victim characteristics and behavior. Indeed, focusing on victim-related characteristics and behaviors, although instructive, imposes rape culture narratives on victims within the criminal-legal system and discipline. We are by no means criticizing the literature reviewed herein; indeed, we too have focused our own research on the effects of victim attributes on criminal-legal decision-making. This approach has also formed the foundation of the current study. Ideally, research in this area would benefit from a multipronged approach, where the impact of rape culture ideologies is examined from various angles.

Second, this study offers support for the continued investigation of suspect behaviors and characteristics on arrest decisions within a rape culture context and provides support for the continued use of St. George and Spohn’s (2018) “real rape” index across criminal-legal contexts. Taken as a whole, our results indicate that rape myths impact police decision-making in sexual assault cases. Specifically, our results suggest that officers consider rape culture-specific indicators of culpable suspects and “real rape” when making arrest decisions. “Real rape” indicators, as operationalized by St. George and Spohn (2018), significantly impacted the likelihood of arrest, showing that the more “real rape” indicators present, the more likely police are to arrest the suspect. In other words, each additional “real rape” measure increased the odds of arrest by about 26%. In the original study using this index, St. George and Spohn (2018) assessed the impact of “real rape” indicators on prosecutorial decision-making. Here, we apply that index to police decision-making, demonstrating initial support for its utility across criminal-legal contexts. Thus, we encourage sexual assault case processing scholars to continue to test this index in efforts to establish whether (or not) it applies to various criminal-legal decision points (e.g., arrest, initial filing, and sentencing) and actors (e.g., police, prosecutors, and judges).

In addition to the “real rape” index, our findings indicate that some rape culture-informed indicators of suspect behaviors, namely, subdue tactics and alcohol use, impact the likelihood of arrest. For each additional subdue tactic used by the suspect, the odds of arrest increased by about 38%. This finding was in the anticipated direction, as extant research indicates that more forcible assaults are viewed as “real rape” (Estrich, 1987). Suspect alcohol use approached significance; officers were more likely to arrest suspects who were reported to have consumed alcohol prior to or during the assault. Suspect alcohol consumption may play a role in interrogation and investigative efforts. For example, Campbell et al. (2015) found that suspects who engage in substance use often confess because they perceive intoxication as a valid excuse for their behavior. Overall, this finding contributes to a mixed body of research examining the role of suspect alcohol use on arrest decisions in sexual assault (see Campbell et al., 2015; Goodman-Delahunty & Graham 2011; Richardson & Campbell, 1982; Schuller & Stewart, 2000). Therefore, more inquiry is needed before reaching solid causal claims.

Third, moving beyond our theoretical variables of interest, (not surprisingly) all control measures of evidentiary strength--i.e., victim cooperation, physical evidence collection, and the number of witnesses (which includes both eyewitnesses and fresh-complaint witnesses)--increased the likelihood of arrest. Notably, arrest was ∼6 times more likely in cases where the victim cooperated, indicating the salient role of victim participation in sexual assault case processing. This finding is consistent with previous research (Alderden & Ullman, 2012; O’Neal & Spohn, 2017) and supports additional inquiry into the role of victim cooperation across different contexts (see Kaiser et al., 2017; O’Neal, 2017). Indeed, as demonstrated by O’Neal (2017) in their study of victim cooperation in intimate partner sexual assault, the contextual factors associated with sexual victimization can impact victim cooperation decisions. For example, extant research finds that cooperation is more difficult to establish and maintain with younger victims and that police interactions and attitudes toward complainants vary by complainant age (see Campbell et al., 2015; Meeker et al., 2021; O’Neal & Hayes, 2020b). Therefore, future research may benefit from examining cooperation decisions among adolescent complainants using age-specific indicators. Overall, the reluctance to cooperate in sexual assault cases complicates case processing, as cooperation impacts desirable case outcomes, such as a greater likelihood of suspect identification, arrest, and charging (Spohn & Holleran, 2001; Spohn & Tellis, 2014; Tasca et al., 2012). Therefore, examining cooperation decisions within a variety of contexts can inform police strategies for enhancing cooperation.

It is essential to point out that despite centering suspect culpability and “real rape” indicators in our investigation of arrest decisions, the current study indicates that extralegal victim characteristics continue to influence criminal-legal decision-making in sexual assault cases. Specifically, our results suggest that the likelihood of arrest decreases by 52% when the victim has documented mental health issues. Importantly, research using the same data has found that complainant mental health issues influence pre-arrest decision stages, such as the decision to question a victim's credibility (O’Neal, 2019). This is important because extant research has long highlighted the importance of victim credibility in impacting sexual assault case outcomes (Campbell et al., 2015; Jordan, 2004; LaFree, 1981; O’Neal et al., 2015; Venema, 2016). Therefore, our findings may suggest that victims with mental health issues are less likely to be viewed as genuine victims and may be perceived as responsible for their victimization (Du Mont et al., 2003). Future research would benefit from examining how these cases traverse the criminal-legal system—especially given that individuals who suffer from mental illness are at an increased risk for sexual victimization (Anderson et al., 2016). Little research focuses exclusively on the treatment of sexual assault cases involving complainants with mental health issues.

Fourth, as demonstrated in the literature review and supported by the current study findings, it appears that “real rape” characteristics and rape myth endorsement among the police impact sexual assault case processing, contribute to case attrition, and can result in deleterious outcomes for sexual assault victims (Goodman-Delahunty & Graham, 2011; O’Neal, 2019; Page, 2007, 2010). Although the current quantitative analysis provides insight into how rape culture-specific suspect culpability and “real rape” behaviors impact police decision-making, we encourage case processing scholars to assess these factors using qualitative approaches. Ultimately, understanding police attitudes toward sex crimes can provide insight into the factors contributing to the official response to rape. Overall, qualitative research in this area is less developed compared to the body of sexual assault case processing research that relies on survey-, vignette-, and quantitative-based approaches. This limits understanding regarding how police attitudes permeate actual investigations and police work. To date, qualitative interview-based sexual assault case processing research has investigated the role of complainant age, the practice of operating in a downstream orientation, officer work experience, and the effect of victim behavior (e.g., “risk-taking” behavior) on police attitudes and the treatment of these cases (Campbell & Johnson, 1997; Campbell et al., 2015; O’Neal & Hayes, 2020a, 2020b). The current research suggests the need for further inquiry into the impact of suspect behaviors and characteristics in case processing. Notably, interview-based research approaches can provide more nuanced information compared to survey and vignette strategies, as officers have the opportunity to share rich and detailed accounts of their actual experiences.

Fifth, although instructive, this study is not without limitations. This study relied on police reports from one geographical location, which limits generalizability. Although this research contributes to knowledge regarding the impact of rape culture-specific suspect culpability factors and behaviors on the arrest decision, findings are specific to two agencies. Therefore, there remains a need to investigate these topics using samples from other geographical locations. The current research provides the groundwork for such research, but replication is necessary to move closer to making reliable causal claims. Another limitation of the present study is its failure to assess suspect culpability and behaviors in cases involving female suspects and male victims, same-sex suspects and victims, and nonbinary suspects and/or victims. A more theoretically and analytical study would investigate gender-specific variables to determine the factors that impact suspect culpability on arrest decisions. The data used for this study did not allow for this type of examination. Finally, the data used for this study are more than a decade old. Although this limitation does not decrease the study's validity in any way, it is important to note (O’Neal, 2019). Specifically, as scholars point out, both positive and negative changes have taken place in the past decade regarding the response to sexual assault (O’Neal, 2019; Spohn, 2020). Moreover, political, legal, and social changes (e.g., Title IX changes under former President Trump's administration) are still in their infancy, and the reach of such changes remains unclear. Consequently, given the fluid nature of societal attitudes surrounding sexual violence, continued research is necessary.

Footnotes

Declaration of Conflicting Interests

The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The authors received no financial support for the research, authorship, and/or publication of this article.

ORCID iDs

Brittany L. Acquaviva

Katherine A. Meeker

Eryn Nicole O’Neal

Notes

Author Biographies

Brittany L. Acquaviva, MS, is a doctoral candidate in the Department of Criminal Justice and Criminology at Sam Houston State University. Her research focuses on institutional (i.e., criminal justice, university, and communal) responses to sexual victimization. Her most recent work appears or is forthcoming in Crime and Delinquency, American Journal of Criminal Justice, Applied Psychology in Criminal Justice, and Journal of Criminal Justice and Popular Culture. Acquaviva has published two book chapters: “Punishing gender past and present: Examining the criminal justice system across gender experiences” and “Equal pay for women and minorities & sexual harassment in the system.” In 2017, she received the Honorable Mention for the Student paper competition from the Midwestern Criminal Justice Association. Additionally, in 2021, she received the Ravens Scholar award for her high-achieving academic success.

Katherine A. Meeker, MA, is a doctoral candidate in the Department of Criminal Justice and Criminology at Sam Houston State University. Her research focuses on institutional (i.e., criminal-legal and university) responses to sexual victimization. She is the 2018 recipient of the Division on Women and Crime Graduate Student Paper Award from the American Society of Criminology and the recipient of the 2021 Graduate Student Award from the Victimology Section of the Academy of Criminal Justice Sciences. Her recent work has appeared in Justice Quarterly, Crime and Delinquency, Journal of School Violence, and the Journal of Offender Therapy and Comparative Criminology.

Eryn Nicole O’Neal is a member of the National Coalition of Independent Scholars. She has published in a variety of well-respected journals including Justice Quarterly, Violence Against Women, Journal of Interpersonal Violence, and Crime and Delinquency. She is the recipient of the 2021 ASC DWC Inconvenient Woman of the Year Award. She has also received eight national awards from various divisions of the ASC and ACJS.

References

Alderden

M. A.

Ullman

S. E

. (2012). Creating a more complete and current picture: Examining police and prosecutor decision-making when processing sexual assault cases. Violence Against Women, 18(5), 525-551. https://doi.org/10.1177/1077801212453867

Anderson

Howard

Dean

Moran

Khalifeh

. (2016). Childhood maltreatment and adulthood domestic and sexual violence victimization among people with severe mental illness. Social Psychiatry and Psychiatric Epidemiology, 51(7), 961-970. https://doi.org/10.1007/s00127-016-1244-1

Beichner

Spohn

. (2005). Prosecutorial charging decisions in sexual assault cases: Examining the impact of a specialized prosecution unit. Criminal Justice Policy Review, 16(4), 461-498. https://doi.org/10.1177/0887403405277195

Belsley

D. A.

Kuh

Welsch

R. E.

(1980). Regression diagnostics: Identifying influential data and sources of collinearity. John Wiley.

Bouffard

J. A

. (2000). Predicting type of sexual assault case closure from victim, suspect, and case characteristics. Journal of Criminal Justice, 28(6), 527-542. https://doi.org/10.1177/0886260512468233

Brownmiller

(1975). Against our will: Men, women, and rape (Vol. 15, pp. 105).

Burt

M. R

. (1980). Cultural myths and supports for rape. Journal of Personality and Social Psychology, 38(2), 217. https://doi.org/10.1037//0022-3514.38.2.217

Campbell

B. A.

Menaker

T. A.

King

W. R

. (2015). The determination of victim credibility by adult and juvenile sexual assault investigators. Journal of Criminal Justice, 43(1), 29-39. https://doi.org/10.1016/j.jcrimjus.2014.12.001

Campbell

Johnson

C. R

. (1997). Police officers’ perceptions of rape: Is there consistency between state law and individual beliefs? Journal of Interpersonal Violence, 12(2), 255-274. https://doi.org/10.1177/1098611111432843

10.

Campbell

Sefl

Barnes

H. E.

Ahrens

C. E.

Wasco

S. M.

Zaragoza-Diesfeld

. (1999). Community services for rape survivors: Enhancing psychological well-being or increasing trauma? Journal of Consulting and Clinical Psychology, 67(6), 847. https://doi.org/10.1037/0022-006X.67.6.847

11.

D’Ignazio

Klein

L. F.

(2020). Data feminism. MIT Press.

12.

Du Mont

Miller

K. L.

Myhr

T. L

. (2003). The role of “real rape” and “real victim” stereotypes in the police reporting practices of sexually assaulted women. Violence Against Women, 9(4), 466-486. https://doi.org/10.1177/1077801202250960

13.

Emmers-Sommer

T. M.

(2001). Sexual coercion and resistance. In Allen, M., Preiss, R. W., Gayle, B. M., & Burrell, N. (Eds), Interpersonal communication research: Advances through meta-analysis (pp. 315–3329). Lawrence Erlbaum Associates, Inc.

14.

Estrich

(1987). Real rape. Harvard University Press.

15.

Feldman-Summers

Palmer

G. C

. (1980). Rape as viewed by judges, prosecutors, and police officers. Criminal Justice and Behavior, 7(1), 19-40. https://doi.org/10.1177/009385488000700103

16.

Fox

. (Ed.). (1991). Regression diagnostics: An introduction (Vol. 79). Sage.

17.

Goodman-Delahunty

., & Graham

. (2011). The influence of victim intoxication and victim attire on police responses to sexual assault. Journal of Investigative Psychology and Offender Profiling, 8(1), 22-40. https://doi.org/10.1002/jip.127

18.

Graham

J. W

. (2009). Missing data analysis: Making it work in the real world. Annual Review of Psychology, 60(1), 549-576. https://doi.gov/10.1146/annurev.psych.58.110405.085530 https://doi.org/10.1146/annurev.psych.58.110405.085530

19.

Grubb

Turner

. (2012). Attribution of blame in rape cases: A review of the impact of rape myth acceptance, gender role conformity and substance use on victim blaming. Aggression and Violent Behavior, 17(5), 443-452. https://doi.org/10.1016/j.avb.2012.06.002

20.

Herman

. (1988). The rape culture. Culture (Canadian Ethnology Society), 1(10), 45-53.

21.

Horney

Spohn

. (1996). The influence of blame and believability factors on the processing of simple versus aggravated rape cases. Criminology, 34(2), 135-162. https://doi.org/10.1111/j.1745-9125.1996.tb01200.x

22.

Jordan

. (2004). Beyond belief? Police, rape and women’s credibility. Criminal Justice, 4(1), 29-59. https://doi.org/10.1177/1466802504042222

23.

Kaiser

K. A.

O’Neal

E. N.

Spohn

. (2017). “Victim refuses to cooperate”: A focal concerns analysis of victim cooperation in sexual assault cases. Victims and Offenders, 12(2), 297-322. https://doi.org/10.1080/15564886.2015.1078864

24.

Kerstetter

W. A

. (1990). Gateway to justice: Police and prosecutorial response to sexual assaults against women. Journal of Criminal Law and Criminology, 81(2), 267-313. https://doi.org/10.2307/1143908

25.

Koss

M. P.

Goodman

L. A.

Browne

Fitzgerald

L. F.

Keita

G. P.

Russo

N. F.

(1994). No safe haven: Male violence against women at home, at work, and in the community. American Psychological Association. https://doi.org/10.1037/10156-000

26.

LaFree

G. D

. (1981). Official reactions to social problems: Police decisions in sexual assault cases. Social Problems, 28(5), 582-594. https://doi.org/10.2307/800232

27.

LaFree

G. D.

(1989). Rape and criminal justice: The social construction of sexual assault. Wadsworth Publishing Company.

28.

McGregor

M. J.

Marion

S. A.

Wiebe

. (1999). Examination for sexual assault: Is the documentation of physical injury associated with the laying of charges? A retrospective cohort study. Canadian Medical Association Journal, 160(11), 1565-1569. https://www.cmaj.ca/content/160/11/1565

29.

Meeker

K. A.

O’Neal

E. N.

Hayes

B. E

. (2021).

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

Justice Quarterly, 38(5), 870-891. https://doi.org/10.1080/07418825.2019.1679863

30.

Morgan

R. E.

Oudekerk

B. A

. (2019). Criminal victimization, 2018. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.

31.

O’Neal

E. N

. (2017). Victim cooperation in intimate partner sexual assault cases: A mixed methods examination. Justice Quarterly, 34(6), 1014-1043. https://doi.org/10.1080/07418825.2016.1244285

32.

O’Neal

E. N

. (2019). “Victim is not credible”: The influence of rape culture on police perceptions of sexual assault complainants. Justice Quarterly, 36(1), 127-160. https://doi.org/10.1080/07418825.2017.1406977

33.

O’Neal

E. N.

Beckman

L. O.

Spohn

. (2019). The sexual stratification hypothesis: Is the decision to arrest influenced by the victim/suspect racial/ethnic dyad? Journal of Interpersonal Violence, 34(6), 1287-1310. https://doi.org/10.1177/0886260516651093

34.

O’Neal

E. N.

Hayes

B. E

. (2020a). The case processing of intimate partner sexual assault: A brief review and recommendations for future research. Journal of Gender-Based Violence, 4(2), 279-288. https://doi.org/10.1332/239868020X15877396296559

35.

O’Neal

E. N.

Hayes

B. E

. (2020b). “A rape is a rape, regardless of what the victim was doing at the time”: Detective views on how “problematic” victims affect sexual assault case processing. Criminal Justice Review, 45(1), 26-44. https://doi.org/10.1177/0734016819842639

36.

O’Neal

E. N.

Spohn

. (2017). When the perpetrator is a partner: Arrest and charging decisions in intimate partner sexual assault cases—A focal concerns analysis. Violence Against Women, 23(6), 707-729. https://doi.org/10.1177/1077801216650289

37.

O’Neal

E. N.

Tellis

Spohn

. (2015). Prosecuting intimate partner sexual assault: Legal and extra-legal factors that influence charging decisions. Violence Against Women, 21(10), 1237-1258. https://doi.org/10.1177/1077801215591630

38.

Page

A. D

. (2007). Behind the blue line: Investigating police officers’ attitudes toward rape. Journal of Police and Criminal Psychology, 22(1), 22-32. https://doi.org/10.1007/s11896-007-9002-7

39.

Page

A. D

. (2010). True colors: Police officers and rape myth acceptance. Feminist Criminology, 5(4), 315-334. https://doi.org/10.1177/1557085110384108

40.

Parratt

K. A.

Pina

. (2017). From “real rape” to real justice: A systematic review of police officers’ rape myth beliefs. Aggression and Violent Behavior, 34, 68-83. https://doi.org/10.1016/j.avb.2017.03.005

41.

Pattavina

Morabito

Williams

L. M

. (2016). Examining connections between the police and prosecution in sexual assault case processing: Does the use of exceptional clearance facilitate a downstream orientation? Victims and Offenders, 11(2), 315-334. https://doi.org/10.1080/15564886.2015.1046622

42.

Planty

Langton

Krebs

Berzofsky

Smiley-McDonald

. (2016). Female victims of sexual violence, 1994-2010. Special report. (NCJ 240655). Bureau of Justice Statistics. U.S. Department of Justice.

43.

Richardson

Campbell

J. L

. (1982). Alcohol and rape: The effect of alcohol on attributions of blame for rape. Personality and Social Psychology Bulletin, 8(3), 468-476. https://doi.org/10.1177/0146167282083013

44.

Schuller

R. A.

Stewart

. (2000). Police responses to sexual assault complaints: The role of perpetrator/complainant intoxication. Law and Human Behavior, 24(5), 535-551. https://doi.org/10.1023/A:1005519028528

45.

Siegel

J. M.

Sorenson

S. B.

Golding

J. M.

Burnam

M. A.

Stein

J. A

. (1989). Resistance to sexual assault: Who resists and what happens? American Journal of Public Health, 79(1), 27-31. https://doi.org/10.2105/AJPH.79.1.27

46.

Sleath

Bull

. (2012). Comparing rape victim and perpetrator blaming in a police officer sample: Differences between police officers with and without special training. Criminal Justice and Behavior, 39(5), 646-665. https://doi.org/10.1177/0093854811434696

47.

Sleath

Bull

. (2017). Police perceptions of rape victims and the impact on case decision making: A systematic review. Aggression and Violent Behavior, 34, 102-112. https://doi.org/10.1016/j.avb.2017.02.003

48.

Spears

Spohn

(1997). The effect of evidence factors and victim characteristics on prosecutors' charging decisions in sexual assault cases. Justice Quarterly, 14(3), 501-524. https://doi.org/10.1080/07418829700093451

49.

Spohn

. (2020). Sexual assault case processing: The more things change, the more they stay the same. International Journal for Crime, Justice and Social Democracy, 9(1), 86. https://doi.org/10.5204/ijcjsd.v9i1.1454

50.

Spohn

Holleran

. (2001). Prosecuting sexual assault: A comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners. Justice Quarterly, 18(3), 651-688. https://doi.org/10.1080/07418820100095051

51.

Spohn

Spears

. (1996). The effect of offender and victim characteristics on sexual assault case processing decisions. Justice Quarterly, 13(4), 649-679. https://doi.org/10.1080/07418829600093141

52.

Spohn

Tellis

(2014). Policing and prosecuting sexual assault: Inside the criminal justice system. Lynne Rienner Publishers.

53.

Spohn

Tellis

. (2019). Sexual assault case outcomes: Disentangling the overlapping decisions of police and prosecutors. Justice Quarterly, 36(3), 383-411. https://doi.org/10.1080/07418825.2018.1429645

54.

Spohn

Tellis

O’Neal

E. N

. (2014). Policing and prosecuting sexual assault. In Johnson, H., Fisher, B. S., & Jaquier, V. (Eds.), Critical issues on violence against women: International perspectives and promising strategies (vol. 3, pp, 93−103). Routledge.

55.

St. George

Spohn

. (2018). Liberating discretion: The effect of rape myth factors on prosecutors’ decisions to charge suspects in penetrative and non-penetrative sex offenses. Justice Quarterly, 35(7), 1280-1308. https://doi.org/10.1080/07418825.2018.1529251

56.

Suarez

Gadalla

T. M

. (2010). Stop blaming the victim: A meta-analysis on rape myths. Journal of Interpersonal Violence, 25(11), 2010-2035. https://doi.org/10.1177/0886260509354503

57.

Tasca

Rodriguez

Spohn

Koss

M. P

. (2012). Police decision making in sexual assault cases: Predictors of suspect identification and arrest. Journal of Interpersonal Violence, 28(6), 1157-1177. https://doi.org/10.1177/0886260512468233

58.

Thornhill

Palmer

C. T.

(2001). A natural history of rape: Biological bases of sexual coercion. MIT Press.

59.

Tjaden

Thoennes

. (1999). Violence and threats of violence against women and men in the United States, 1994–1996 . Inter-university Consortium for Political and Social Research.

60.

Ullman

S. E.

Siegel

J. M

. (1993). Victim–offender relationship and sexual assault. Violence and Victims, 8(2), 121-134. https://doi.org/10.1891/0886-6708.8.2.121

61.

Venema

R. M

. (2016). Police officer schema of sexual assault reports: Real rape, ambiguous cases, and false reports. Journal of Interpersonal Violence, 31(5), 872-899. https://doi.org/10.1177/0886260514556765

62.

Walsh

. (1987). The sexual stratification hypothesis and sexual assault in light of the changing conceptions of race. Criminology, 25(1), 153-174. https://doi.org/10.1111/j.1745-9125.1987.tb00793.x