NCJ Number
85487
Date Published
1982
Length
20 pages
Annotation
This analysis of prosecutors' screening of serious felony cases involving female victims provides examples of how cases are selected for prosecution depending upon the victim's character, the relationship between the victim and the offender, and the victim's determination to prosecute.
Abstract
The setting for the study was a bureau within a prosecutor's office devoted to the screening of felony complaints. Assistant prosecutors assigned to the bureau review arrest circumstances; assess the evidence against the arrestee; interview the complainant; and draw up an affidavit that, according to criminal statute, reflects the actions of the complainant. The assistant prosecutors speak of complainants in terms of their 'stand-up' qualities, using the term stand-up to describe a victim who will present herself to judge and jury as articulate and credible. In assessing female victims, prosecutors rely upon stereotypical images about women. When assessing the character of a female victim, they often rely upon assumptions about 'proper' female behavior and the degree of resistance a 'proper' woman should exert against her attacker. The presence of some history between the victim and the defendant is problematic for prosecutors, because they do not like even the appearance that the victim may have provoked or participated in the attack. Also, prosecutors tend to assume that when the complaint is against a person known to her, she will not pursue the case to completion. Thus, the stereotypes involved in prosecutors' considerations about whether or not to prosecute often prevent priority being given to the prosecution of rape cases where the victim's character or circumstances of the relationship between the victim and offender do not fit the stereotypes of a stand-up female victim. Thirty notes are listed.