RESUMO
Prior research, modeling the effects of the victim's behavior and character on prosecutors' charging decisions, has used either a dichotomous variable that reflects the presence of any risky behavior or moral character issues or an additive index that captures the number of related items in a case file. We suggest that these measures do not adequately identify the specific issues that prosecutors take into consideration when making charging decisions. Using data on 666 sexual assault cases that resulted in arrest in three urban jurisdictions and a multivariate modeling strategy, we examine specific risk-taking behaviors and issues related to the victim's moral character in an effort to determine if certain behaviors and characteristics have a more substantial effect on charging decisions than others. We also examine the extent to which the effects of these blame and believability factors vary based on the nature of the cases. Our results reveal that although charging decisions in stranger cases are largely determined by legally relevant factors, these decisions in nonstranger cases are affected by several legally irrelevant victim characteristics: whether the victim had a prior criminal record, whether the victim had been drinking alcohol prior to the assault, and whether the victim invited the suspect to her residence. Further analysis, however, revealed that only the victim's prior record had a differential effect on charging decisions in cases involving strangers and nonstrangers and in aggravated and simple rape cases. Our results suggest that the focal concerns that guide prosecutors' charging decisions incorporate specific victim behaviors and background characteristics.
Assuntos
Vítimas de Crime/legislação & jurisprudência , Direito Penal/legislação & jurisprudência , Violência Doméstica/legislação & jurisprudência , Aplicação da Lei/métodos , Papel Profissional , Estupro/legislação & jurisprudência , Sobreviventes/legislação & jurisprudência , Adulto , Vítimas de Crime/estatística & dados numéricos , Direito Penal/métodos , Feminino , Medicina Legal/legislação & jurisprudência , Humanos , Comunicação Interdisciplinar , Masculino , Princípios Morais , Polícia , Estupro/estatística & dados numéricos , Sobreviventes/estatística & dados numéricos , Estados Unidos , Adulto JovemRESUMO
Ending violence against women-part of the priority theme of the CSW65-is an international human rights issue. We must prevent and combat violence against all women, including those who are incarcerated worldwide. Incarcerated women are among the most marginalized populations; they have suffered numerous victimizations without ever seeing their perpetrators brought to justice. Though most incarcerated women have committed non-violent offenses, they are locked away in prisons, far away from their loved ones, and subject to inhumane conditions. According to international human rights law, preventing VAW is the responsibility of the State in all contexts, including prisons. In this article, we acknowledge the global treatment of women in prison as a form of State violence against women and provide policy reform for incarcerated women worldwide. We propose four strategies to reform women's incarceration worldwide: (1) recognizing and dismantling systemic and institutionalized discrimination and biases; (2) abolition of prison sentences for non-violent offenders; (3) restorative approaches to aftercare (or reentry); and (4) making children the priority.