Assault
Prosecution of Sexual Assault Cases
Sexual assault remains a charge much embattled in our courts. Approaches to prosecuting in cases of sexual assault have been both inconsistent and generally ineffective as a true deterrent for repeat offenders. The articles evaluated here help to demonstrate that much of this difficulty is due to an inherent victim-blaming orientation within our courts.
The article by Frohmann (1991) would be somewhat groundbreaking for the field of discourse. The examination of prosecutorial accounts for reasons rejecting certain cases is used to determine the motives that typically drive the rejection of sexual assault cases by the courts. This article helps us to understand exactly why certain cases are never heard. The research design centers on reviewing these aforementioned prosecutorial accounts for evidence of a certain 'indigenous logic' that might imply prejudicial behavior in deciding upon cases. As further discussion will show, this design would be further refined in later research. For instance, the research design in the study by Spohn et al. (2001) is an assessment of already existing cases where allegations have been made by a victim against an alleged perpetrator in cases of sexual assault. The study is designed around the premise that there is a so-called 'Gateway to Justice' which is guarded by a court system's prosecutor and that this somewhat arbitrary gateway is as much responsible for determining which cases are filed and which are not. The research design would utilized the data stemming from arrests made for sexual battery in Miami, Forida in 1997 as well as qualitative data drawn from interviews with attorneys working in these cases. As Spohn et al. acknowledge, the study is inherently designed to build on the approach and findings taken and achieved in Frohmann's research.
These assumptions would be carried over into the findings by Spohn et al. A decade later. To the point, the core findings which drive the research by Spohn et al. concern the various factors and conditions which enter the decision to bring charges against one accused of sexual assault. At the resolution of their study, Spohn et al. yield the rather disturbing finding that, in fact, "prosecutors' charging decisions are guided by a set of 'focal concerns' that revolve around reducing uncertainty and securing convictions and that incorporate beliefs about real rapes and legitimate victims." (p. 206)
These 'focal concerns' are important as prosecutors evaluate the validity of a case and, in an 'innocent-until-proven-guilty' context, this seems only appropriate in one respect. Indeed, according to the researchers, the vast majority of those cases which do not reach courts yield evidence of dishonesty, deception, a lack of cooperation or a lack of adherence to formal charging requirements. However, as a counterpoint, there is a considerable cultural risk in taking this approach, which may be interpreted to some degree as levying a greater burden on the victim than on the alleged perpetrator. Even in the context of…
Cardsmax Frohmann,( 1991) discusses case screening as being the gateway to the criminal court system. She conducted research on how prosecutors account for their decision to reject sexual assault cases for prosecution, with a focus on discrediting victims' rape allegation in the prosecutor's justification. One of the first things discussed in the article covers the credibility of the victim and the role that this plays not only in whether or not
2). At all times, the medical examiner needs to respect the victim, and taken into account victim rights by appointing a victim advocate when necessary. The forensic medical examiners could be providing the prosecution with key evidence, a fact that should be communicated to the victim to alleviate distress (IACP, 2004). A victim advocate will also notify the victim of his or her rights in the case, advising the
Sexual Predators Prosecution TOO HARSH AND DISADVANTAGEOUS Sexual Predators' Prosecution Sexual predators are persons who sexually victimize other persons (ILGA, 2009). They may be rapists, molesters, peeping toms or sexual deviants. A sexual deviant is convicted for rape, attempted rape, child molestation or abuse, incest, sodomy or indecent sexual assault or exposure. A judge may, however, convict a sexual predator for a crime unrelated to the sexual act. If the offender takes a
Sexual Assault Treatment Center Describe the social problem for the community Sexual assault is a criminal sexual act, either physical or otherwise, committed by a perpetrator against a victim (usually a child) using physical, intimidation/force, or emotional manipulation. Sexual assault subjects the victim to the perpetrator's demands through use of coercion, force, manipulation or explicit/implicit threats. Sexual assault is considered criminal because the act is committed against a victim without seeking his
Sexual Assault and Eye Witness Accounts Sexual assault is a difficult crime to prosecute. It relies heavily on eyewitness accounts and proof of sexual assault. Rape kits are used to obtain physical evidence. These rape kits, along with interviews with authorities and sometimes a psychological evaluation create stress and difficulties for the alleged victim. In fact, many people who have been sexually assaulted, mostly women go without reporting the crime or
Sexual Assualt Sentencing for Sexual Contact with a Minor Charges of sexual misconduct with a minor are very serious. These charges, if proven true, are likely to carry a sentence that will include some jail time. In the case of 34-year-old Doug Kant, this should be the anticipated outcome. Though Kant's criminal record is clean with respect to child sexual abuse or other sexual misconduct, the act of fondling an underage individual
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