Sexual assault: The role of prior relationship and victim characteristics in case processing

Kingsnorth, Rodney F.; MacIntosh, Randall; Wentworth, Jennifer

doi:10.1080/07418829900094141

Cited by 78 publications

(98 citation statements)

References 26 publications

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“…While evidence of detection avoidance was found for this group, the same could not be said about sanction avoidance. Our findings showed that offenders with more victims received longer prison sentences 13 , an observation in line with previous studies (Kingsnorth et al, 1998;Levesque, 2000;McCormick et al, 1998). Hence, if the number of crime events does not seem to be an aggravating factor taken into consideration for sentencing purposes, the number of victims is.…”

Section: Discussionsupporting

confidence: 80%

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

Lussier

Bouchard

Beauregard

2011

Journal of Criminal Justice

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Purpose: The current study examines significant variations in criminal achievement across sex offenders. To examine the "successful" sex offender, the study proposes a concept of achievement in sexual offending defined as the ability to maximize the payoffs of a crime opportunity while minimizing the costs. Methods: The study is based on a sample of convicted adult male sex offenders using retrospective longitudinal data. Results: The study findings show a wide variation in criminal achievement, a variation that is not correlated with the severity of sentences meted out or the actuarial risk scores obtained by these offenders. Those offenders who specialize in sex crimes were shown to be the most productive and least detected offenders. Two types of successful offenders emerge, the first relying on his conventional background in targeting a victim that can be repeatedly abused for a long period without detection. The second is a younger offender that is successful in the sense of being able to complete aggressions on multiple victims. Conclusions: Results suggest that the successful sex offender is not "detected" once he enters the criminal justice system, nor is he handled in a way that may deter him from sexually reoffending in the future.REFERENCE: Lussier, P., Bouchard, M. & Beauregard, E. (2011). Patterns of criminal achievement in sexual offending: Unravelling the "successful" sex offender. Journal of Criminal Justice, 39,[433][434][435][436][437][438][439][440][441][442][443][444] Correspondence concerning this article should be addressed to P. Lussier, Pavillon Charles-De Koninck, 1030, ave. des Sciences-Humaines, Quebec, Quebec G1V 0A6, Canada. Tel.: +1 418 656 2131x5978. E-mail address: patrick.lussier@svs.ulaval.ca. PATTERNS OF CRIMINAL ACHIEVEMENT IN SEXUAL OFFENDING 2Patterns of criminal achievement in sexual offending: Unravelling the "successful" sex offender After more than 50 years of research on sexual recidivism, researchers have been unable to provide a formal evidence-based explanation of the criminal activity of sexual offenders. The risk factor approach taken and pursued over the years have restrained possibilities of understanding the criminal career dynamics of individuals committing sex offences and recent empirical studies have emphasized the need to correct this (e.g., Amirault & Lussier, 2011; Lussier & Davies, in press;Lussier, Tzoumakis, Cale, & Amirault, 2010). In that regard, this study is a departure from past research on this issue. The aim is not to identify a predictive model of sexual recidivism but rather to understand what is being predicted and who is being identified in the process. Sexual recidivism or in more technical terms, sexual rearrest and sexual reconviction, have become the gold standard measures to determine risk. While researchers have acknowledged that "official recidivism" carries an important limitation (i.e., it measures official reoffending or the likelihood or being caught, again), it has served to establish the risk of recidivism, the prevalen...

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Section: Discussionsupporting

confidence: 80%

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

Lussier

Bouchard

Beauregard

2011

Journal of Criminal Justice

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“…In support of existing scholarship, this study indicates that extra-legal factors influence the courts' perception of victims and the respective grading of perpetrators' liability in sentencing practice (Kingsnorth, MacIntosh, and Wentworth 1999, Spohn and Spears 1996, Rumney 1999. As anticipated, the rare public stranger rape is considered more worthy of punishment than any other kind of rape.…”

Section: Discussionmentioning

confidence: 79%

“…Researchers have found a systematic lowering of sentences when the offender and the victim had a prior relationship (Rumney 1999). So-called negative victim characteristics (such as the use of alcohol or drugs at time of assault, references made in the crime report to a possible past or present involvement in prostitution, presence alone in a bar or in public at night, self-assistance in removing clothing, hitchhiking or other kinds of 'risk-taking behavior') have also been associated with lenient sentencing practices and victim blaming (Kingsnorth, MacIntosh, and Wentworth 1999, Spohn and Spears 1996, Bumiller 2008. These findings resemble the situation in Norway.…”

Section: Legal Processing Of Rapementioning

confidence: 99%

The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

Bitsch

Klemetsen

2017

Gender, Place & Culture

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This article maps and discusses the legal processing of rape cases in Norwegian appellate courts. Drawing on data from a multivariate regression analysis and a qualitative frame analysis, we examine the significance of space, accuser-convict prior relationship, the social context, accuser-convict marital relationship status, and convict racial background for grading of sentences in rape cases. The dataset consists of 176 rape cases that were processed in 2011 and 2012. Excluding acquittals and controlling for the application of relevant legal provisions (i.e. §), we find that sentences are reduced by 30 percent if the rape occurs in a private space as opposed to a public space. If the rape occurs at a party or is committed by a perpetrator who is a member of a racial majority, we find that sentences are reduced by 20 percent. A prior relationship between the victim and the perpetrator 3 reduces sentencing by 18 percent. Results regarding victims of marital rape are inconclusive. The study concludes that sentencing is stratified according to the public/private divide, prior relationship, social context and race. Despite progress made on behalf of victims of domestic violence and a gradual implementation of stricter sentencing in line with legislative intentions, the legal processing of rape cases is permeated by race and gender discrimination.

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“…Characteristics of the victim found to significantly influence processing decisions include: age, race, relationship status with the offender, marital status, past sexual history, and ''risk-taking'' behaviors (e.g., hitchhiking, being in a bar, drinking, or using drugs) (Frohmann, 1991;Kingsnorth, MacIntosh, & Wentworth, 1999;LaFree, 1981;Spears & Spohn, 1997;Spohn & Spears, 1996;Stanko, 1982). Negative victim characteristics (e.g., risk taking) also have been associated with shorter sentences for sex offenders (Spohn & Spears, 1996), providing evidence that the courts hold victims partially responsible for their assault.…”

Section: Summary and Discussionmentioning

confidence: 99%

The impact of race on the adjudication of sexual assault and other violent crimes

Maxwell

Robinson

Post

2003

Journal of Criminal Justice

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Sexual assault: The role of prior relationship and victim characteristics in case processing

Cited by 78 publications

References 26 publications

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

The legal grading of sexual citizenship: sentencing practices in Norwegian rape cases

The impact of race on the adjudication of sexual assault and other violent crimes

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