The Prosecution of Same-Sex Intimate Partner Violence Cases

Abstract

Most research on criminal justice responses to intimate partner violence (IPV) focuses on incidents perpetrated by men against women. Yet, lesbian, gay, and bisexual individuals may be at higher risk than heterosexual individuals for IPV victimization, and victims of same-sex IPV may experience additional stressors that compound its negative impact and create unique challenges for achieving accountability in the criminal justice system. Given this possibility, the present study examines differences in the prosecution of IPV cases among different offender-victim dyads. Data were obtained for 38,230 IPV cases referred for prosecution to a large, urban Florida prosecutor’s office, and analyses considered both the initial case-filing decision and subsequent disposition outcome. Altogether, less than one-quarter of IPV cases were filed, and prosecutors pursued convictions in less than half of those filed cases. Ultimately, just 9.6% of IPV cases referred for prosecution resulted in a conviction. Male-on-female cases were more likely to be filed than cases involving any other dyad, though cases were dropped specifically due to victim refusal to cooperate at similar rates across all dyads. After filing, female-on-male cases emerged as unique, with higher dismissal/diversion rates than other dyads. Findings highlight the urgent need for improvements in the prosecution of IPV, especially for male and non-heterosexual survivors. With criminal justice intervention even less likely to be successful for these groups, it may be especially important to identify their unique needs and provide tailored support in the wake of IPV victimization.