000			03055nam a2200301Ia 4500
001			113216
005			20250625151231.0
008			110331s2004 eng
020			_a1877042296X
040			_aWSS _dAFV
082	0		_a345.05042 PRO
100			_aLievore, Denise _91558
245			_aProsecutorial decisions in adult sexual assault cases : _ban Australian study _cLievore, Denise
260			_aBarton, ACT _bOffice of the Status of Women _c2004
300			_aiv, 76 p. : col. ill. ; 30 cm. ; computer file ; PDF format (420Kb)
365			_a00 _b0
520			_aThe objective of this study was to describe and analyse factors influencing prosecutorial decisions to proceed with, discontinue, or enter into charge negotiations in cases of adult sexual assault referred to state and territory Offices of the Director of Public Prosecutions (DPP). The analysis was based on a sample of 141 case files which were referred to the DPP in five jurisdictions between 1999 and 2001, supplemented by a qualitative analysis of interviews with 24 Crown Prosecutors who were experienced in prosecuting sexual assault cases. The study presents findings on the disposition of the cases studied and factors underlying prosecutorial decisions. Statistically significant differences are found between cases that were withdrawn from prosecution and those that proceeded to trial or sentencing. Most of these variables are related to the prospects of securing a conviction. Regression analyses showed that prosecutors' decisions to proceed or withdraw from prosecution were predicted by an interaction between non-consent and force. Field notes showed that charge negotiations usually reflected evidentiary factors. Defendants who pleaded or were found guilty were significantly more likely to have threatened the victim during the assault and to have been linked to the offence by additional evidence such as DNA, video footage showing the two together, or objects found at the crime scene. The findings suggest that existing prosecution policies and guidelines provide a reasonable safeguard against biased decision-making in sexual assault cases. However, the study highlights tensions between the lawyer's and the 'outsider's' perspective on various matters. The significantly higher withdrawal of cases involving prior relationships raises the question of whether prosecutors continue to regard 'acquaintance rapes' as less serious crimes than 'real rapes' (i.e. stranger rapes), while there is a further tension between the victim's reluctance to proceed in some cases and the prosecutor's role in ensuring that the criminal law fulfils its objectives.
522			_aat
650	2	7	_2FVC _aCOURTS _9162
650	2	7	_aCRIMINAL JUSTICE _9167
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aSEX CRIMES _9526
650	2	7	_2FVC _aWOMEN _9645
651		4	_aAUSTRALIA _92597
650	2	4	_aSEXUAL VIOLENCE _9531
856	4		_uhttp://www.aic.gov.au/documents/5/E/A/%7b5EA20012-C1F3-4EFB-8FAD-E6C8F4E45DD6%7d2004-10-decisions.pdf
942			_2ddc _cREPORT
999			_c2916 _d2916