Citation

O'Neal EN, Tellis K, Spohn C. Violence Against Women 2015; 21(10): 1237-1258.

Affiliation

Arizona State University, Phoenix, USA.

Copyright

(Copyright © 2015, SAGE Publishing)

DOI

10.1177/1077801215591630

PMID

26134710

Abstract

Prosecutors play a crucial role in determining whether persons who are accused of intimate partner sexual assault (IPSA) will be sanctioned by the criminal justice system. Prosecutors have unconditional discretion at the initial charging stage because a case rejection decision is typically immune to review. Using qualitative data from 47 IPSA complaints that were referred to Los Angeles County or City prosecution in 2008, this study examines the factors that influence charging decisions.

FINDINGS suggest that prosecutors consider both legal and extralegal factors when making charging decisions and that various cultural, legal, and rape myths surrounding IPSA influence these decisions.

Language: en