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Victim Credibility in Adult Sexual Assault Cases

Author: Denise Lievore

Publisher:

Published: 2004

Total Pages: 6

ISBN-13: 9780642538604

The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.

The Importance of Victim Credibility in Prosecuting Adult Sexual Assault Cases

Author: Australian Institute of Criminology

Publisher:

Published: 2005

Total Pages: 1

ISBN-13:

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According to Crown Prosecutors interviewed for a recent Australian Institute of Criminology study, a number of factors determine whether to proceed with or discontinue an adult sexual assault case. The most important of these is credibility, which encompasses various personal characteristics, including whether the victim is genuine and trustworthy, for example not embellishing facts such as how much she or he had been drinking. Perceptions of credibility are also influenced by demeanour, such as a victim being calm and not argumentative towards the defence. Memory and communication skills also play an important role, as the victim is required to recall and relate what happened. However, the study found that the most important factor in Crown Prosecutors 'assessments of victim credibility was consistency in the victim's statements at various times, between statements given by the victim and witnesses, and in the victim's post-assault behaviour. This paper includes a table which summarises practical, victim-related factors that may influence prosecutors' decisions.

Child Victims, Child Witnesses

Author: Gail S. Goodman

Publisher: Guilford Publications

Published: 1993

Total Pages: 333

ISBN-13: 9780898627893

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This volume presents a collection of chapters by top researchers reporting the new child witness research being conducted today. In these chapters, the authors confront the major societal issues and questions that arise when children must give testimony: Do children have the cognitive capacity to recall accurately and report past events? How can knowledge of children's memory be applied to understanding children's testimony in forensic situations? Do socio-emotional or motivational factors influence the accuracy of children's reports? Are children likely to conceal or fabricate information about past events? Are there special interview techniques that might enhance the likelihood of obtaining accurate information from child witnesses? Can jurors accurately evaluate the testimony of child witnesses? Are jurors biased in ways that might preclude the fair adjudication of trials involving child witnesses? What is the emotional impact on child witnesses of involvement in legal proceedings? This book will be an invaluable reference to anyone concerned with children's testimony legal, mental health, social service, and medical professionals, students of psychology, social policy, or law, as well as practitioners and researchers.

Prosecutorial Decisions in Adult Sexual Assault Cases

Author: Denise Lievore

Publisher:

Published: 2005

Total Pages: 6

ISBN-13: 9780642538659

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Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in adult sexual assault cases, based on a survey of 141 Director of Public Prosecutions case files in five Australian jurisdictions. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.

"It's a Gut Feeling"

Author: Julianna Hale

Publisher:

Published: 2019

Total Pages: 54

ISBN-13:

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The #MeToo Movement has sparked debate across the world as to how prevalent sexual assault is and what can be done to help survivors. Although sexual assaults are the least likely crime to be reported to police, it is important to examine the criminal justice system's treatment of these cases. The focus of this thesis is on the prosecution of sexual assault cases. Specifically, the goal is to uncover the factors that impact prosecutorial decision-making in sexual assault cases across three different timepoints. This study examines qualitative interviews conducted in 2010 with 30 Deputy District Attorneys from Los Angeles, California. Results reveal that prosecutors' largely rely on their "gut feelings" about whether a case will be successful based on a combination of factors, including: victim credibility, availability of evidence, and corroboration of the victim's story, just to name a few. The study concludes with an examination of these results, a discussion on the limitations of the study and a guide for future research, and what policy changes can come from these findings.

A Review of the Literature on Sexual Assault Perpetrator Characteristics and Behaviors

Author: Sarah Michal Greathouse

Publisher: Rand Corporation

Published: 2015

Total Pages: 0

ISBN-13:

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"Sexual assault continues to be a pervasive problem, both for society in general and within the military community. To assist the Air Force in its continued efforts to combat sexual assault within its ranks, we reviewed the existing empirical literature on the characteristics and behaviors of adult perpetrators who commit sexual assault against other adults. Our search was not limited to studies of military populations. While a vast majority of the existing literature has focused on sole male perpetrators who assault female victims, we identified some research on other types of perpetrators, including female sexual assault perpetrators, men who perpetrate assault against other men, and perpetrators who participate in group sexual assault. This body of research indicates that adult perpetrators are diverse in terms of their demographics, background characteristics, and motivations. Moreover, research indicates that sexual assault perpetration is likely influenced by a combination of factors, including an individual's developmental and family history; his or her personality, including attitudes/cognitions; and environmental factors, including peer attitudes and alcohol consumption. The complexity of factors that influence sexual assault perpetration and the multiple pathways that lead to an attack make it difficult to predict whether an individual is prone to commit sexual assault. While predicting sexual assault perpetration is problematic, we identified a number of factors related to perpetration that may be relevant for intervention efforts and offer recommendations for the Air Force"--Publisher's web site.