Funneled Through or Filtered Out: An Examination of Police and Prosecutorial Decision-Making in Adult Sexual Assault Cases

Abstract

To improve criminal justice responses to sexual assault, it is vital to understand the factors that influence decisions made by police and prosecutors and how these decisions overlap. Although decisions made at the prosecutorial stage are largely reliant on the actions of the police, the prosecutors’ charging decisions often differ from how the police classify incidents. Guided by the focal concerns perspective, this study examined 231 cases of adult sexual assault incidents reported to the police to identify which factors were predictive of congruent charging decisions and arrest. The results supported the focal concerns perspective and revealed that legal and extralegal factors were influential at both of these points. Legally relevant factors that focused on the collection of evidence were paramount in decisions at both stages; however, extralegal variables such as timely reporting and whether the victim physically resisted were also significantly related to decisions at each stage. Implications arising from the results are discussed.