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Discrediting Victims' Allegations of Sexual Assault: Prosecutorial Accounts of Case Rejections
Abstract
Complaint filing is a critical stage in the prosecution of a case, for here prosecutors decide which cases will go on for adjudication by the courts. A significant percentage of sexual assault cases never get beyond this stage in the criminal justice process. This paper examines prosecutorial accounts for sexual assault case rejection. A central feature of these accounts is discrediting the victim's rape allegation with the techniques of finding discrepancies in the victim's story and assuming ulterior motives for reporting the assault. The resources that prosecutors use to develop these techniques are official reports and records, typifications of rape-relevant behavior, and knowledge of the victim's personal life and criminal connections. Prosecutors' accounts reveal the indigenous logic of prosecutors' decisions to reject cases and the organizational structure in which these decisions are situated.
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Cites
The Discovery of Grounded Theory: Strategies for Qualitative Research
Glaser, B. G., & Strauss, A. L. (2017) · Aldine (Routledge reprint) · doi:10.4324/9780203793206 · Cited by 25,789
Cited by
Preventing the “Second Rape”: Rape Survivors' Experiences With Community Service Providers
CAMPBELL, R., WASCO, S. M., AHRENS, C. E., SEFL, T., & BARNES, H. E. (2001) · Journal of Interpersonal Violence · doi:10.1177/088626001016012002 · Cited by 640
Grubb, A., & Turner, E. (2012) · Aggression and Violent Behavior · doi:10.1016/j.avb.2012.06.002 · Cited by 620
The Language of Law School: Learning to "Think Like a Lawyer"
Mertz, E. (2007) · doi:10.1093/acprof:oso/9780195183108.001.0001 · Cited by 403
Campbell, R. (2006) · Violence Against Women · doi:10.1177/1077801205277539 · Cited by 381
Sexual assault cases in the legal system: Police, prosecutor, and victim perspectives.
Frazier, P. A., & Haney, B. (1996) · Law and Human Behavior · doi:10.1007/bf01499234 · Cited by 319
Metadata
- Authors
- Frohmann, L.
- Venue
- Social Problems
- Publisher
- Oxford University Press (OUP)
- Published
- 1991-05
- Volume
- 38
- Issue
- 2
- Pages
- 213-226
- ISSN
- 0037-7791 (ISSN-L)
- 1533-8533
- OpenAlex
- W2109096131
- Cited by
- 311
- References
- 1
- FWCI
- 0.93
- Type
- journal article
- Language
- en
- Open access
- closed
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- Frohmann, L. (1991). Discrediting Victims' Allegations of Sexual Assault: Prosecutorial Accounts of Case Rejections. Social Problems. https://doi.org/10.1525/sp.1991.38.2.03a00070
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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
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