The Sexual Stratification Hypothesis: Is the Decision to Arrest Influenced by the Victim/Suspect Racial/Ethnic Dyad?

Abstract

The sexual stratification hypothesis suggests that criminal justice responses to sexual victimization will differ depending on the victim/suspect racial/ethnic dyad. Previous research examining the sexual stratification hypothesis has primarily focused on court processes, and the small body of literature examining arrest decisions is dated. There remains substantial opportunity for testing the sexual stratification hypothesis at response stages apart from the court level (i.e., arrest). Using quantitative data on 655 sexual assault complaints that were reported to the Los Angeles County Sherriff's Department (LASD) and the Los Angeles Police Department (LAPD) in 2008, this study examines the effect of the victim/suspect racial/ethnic dyad on the decision to arrest. Findings suggest that police consider the victim/suspect racial/ethnic dyad when making arrest decisions. In addition, victim characteristics, strength of evidence indicators, and measures of case factors predict the police decision to make an arrest.

Funneled Through or Filtered Out: An Examination of Police and Prosecutorial Decision-Making in Adult Sexual Assault Cases

“…Differing results may be found in more diverse jurisdictions. In a similar vein, the race of the victim was missing in most cases, so this study could not examine race in relation to the mixed results of victim race and victim/suspect racial dyad that has been found in recent research (O'Neal et al, 2016, but see also Spohn & Tellis, 2018). Third, of the 570 total cases, this study focused on the 231 cases that were forwarded to prosecutors by the police and had a known prosecutorial outcome listed.…”

Racial and gender differences in missing children’s recovery chances

“…[62] finds no victim race differences in the chances of police clearance in archival data on cyberbullying cases. [63] and [64] find in archival data on sexual assault complaints that arrest decisions do not vary by victim race. [65] find that racial differences in clearance of sexual assault cases are attributable to black victims’ inability or unwillingness to cooperate with police.…”

When the Perpetrator Is a Partner

“…Various studies have investigated the legal factors that shape arrest decisions in sexual assault and IPV cases (Alderden & Ullman, 2012aFeder, 1998;Lally & DeMaris, 2012;O'Neal, Beckman, & Spohn, 2016;Robinson & Chandek, 2000). As noted above, research tends to dichotomize sexual assault and IPV and examine them individually (Tellis, 2010); therefore, this article will consider decision making in both bodies of literature.…”

“…Extralegal factors that have been found to influence police arrest decisions in sexual assault and IPV cases include whether the victim engaged in behavior that could be interpreted as damaging to her credibility (e.g., alcohol consumption), the victim/suspect relationship, the victim/suspect living arrangement, detective gender, forensic examination refusal, the suspect's demeanor toward police, the suspect's alcohol and drug use, and victim preference (Alderden & Ullman, 2012b;Bouffard, 2000;Feder, 1998;LaFree, 1981;Lally & DeMaris, 2012;O'Neal, et al, 2016). Recently, Alderden and Ullman (2012b) examined the police decision to arrest in sexual assault cases and found that the likelihood of arrest decreased by 57% in cases where victims refused to undergo a forensic medical exam.…”