The Sexual Stratification Hypothesis and Prosecuting Sexual Assault: Is the Decision to File Charges Influenced by the Victim-Suspect Racial-Ethnic Dyad?

The sexual stratification hypothesis (SSH) posits that criminal-legal responses to sexual victimization differ depending on the victim-suspect racial-ethnic dyad. Existing tests of the SSH have resulted in inconsistent findings. Using data from 389 sexual assault (SA) complaints reported to Los Angeles police and referred to the Los Angeles County District Attorney’s Office, this study examines whether the victim-suspect racial-ethnic dyad and extra-legal victim-related factors shape prosecutorial initial filing decisions. Notably, we build on previous SSH tests by rotating racial-ethnic dyad reference categories to catalog all possible pairwise differences within the set of dummy variables. Findings suggest that prosecutors consider the victim-suspect racial-ethnic dyad and victim-related factors during initial filing. Theoretical advancements, practical implications, and suggestions for future research are discussed.

The Sexual Stratification Hypothesis: Is the Decision to Arrest Influenced by the Victim/Suspect Racial/Ethnic Dyad?

The sexual stratification hypothesis suggests that criminal justice responses to sexual victimization will differ depending on the victim/suspect racial/ethnic dyad. Previous research examining the sexual stratification hypothesis has primarily focused on court processes, and the small body of literature examining arrest decisions is dated. There remains substantial opportunity for testing the sexual stratification hypothesis at response stages apart from the court level (i.e., arrest). Using quantitative data on 655 sexual assault complaints that were reported to the Los Angeles County Sherriff’s Department (LASD) and the Los Angeles Police Department (LAPD) in 2008, this study examines the effect of the victim/suspect racial/ethnic dyad on the decision to arrest. Findings suggest that police consider the victim/suspect racial/ethnic dyad when making arrest decisions. In addition, victim characteristics, strength of evidence indicators, and measures of case factors predict the police decision to make an arrest.