Factors Impacting Prosecutorial Discretion among Backlogged Sexual Assault Kits

Abstract

In 2012, over 12,000 previously untested sexual assault kits (SAKs) were discovered in Memphis, Tennessee, prompting a significant effort to test the kits and seek justice for survivors. While prior research has explored the experiences of survivors and the process of testing these kits, less attention has been given to what occurs after testing, specifically, prosecutorial decision-making. This study investigates case-level variables associated with the likelihood of a case being accepted for prosecution following kit testing. Prosecutorial discretion is influenced by a range of legal and evidentiary factors, and understanding these variables is crucial for identifying systemic gaps. Using data from Memphis's SAK backlog, the present study analyzes patterns related to case acceptance. The Memphis Model is discussed and visualized through a diagram that details the coordinated tracking of SAKs and the collaborative investigative and prosecutorial processes used to assess case strength. Findings indicate that victim injury is a significant predictor of prosecutorial acceptance, particularly in cases that do not encounter legal or practical barriers such as expired statutes of limitation or deceased suspects. Implications for prosecutorial practices and victim advocacy are discussed.