Abstract
This study examined the association between the quality of verbal evidence in cases of sexual assault reported by adults and professionals’ (police and prosecutor) ratings of the likelihood that the cases will result in a conviction at trial. Sixteen police detectives and 19 prosecutors (all specialists in sexual assault) each read two mock sexual offence briefs of evidence, one of a case involving rape of an adult and the other involving an adult reporting historical child sexual abuse. For each case type, two versions of the briefs were developed with regard to evidence quality, which varied according to the degree of elaboration in the responses by the witnesses and suspect, and contextual evidence. Participants rated the likelihood of proceeding with a case and conviction (on 10-point likert scales) and provided a rationale for their decisions. Almost all of the participants agreed that the cases would proceed to court. However, the likelihood of conviction was not associated with the likelihood of proceeding to court, or the evidence quality of the briefs. Differences were found in both the ratings of proceeding to court and conviction, and the factors underpinning the ratings across the two professional groups. The implications of the findings for police organisations are discussed.
Similar content being viewed by others
Notes
An open question is one that elicits a detailed response without dictating the specific information required. Specific questions, in contrast, indicate the details required. These include closed questions which require only a yes/no or one word response (Guadagno, Hughes-Scholes, & Powell, 2013).
Sixty-four participants were invited to participate in the study, 54% of which agreed to participate.
Police were asked to rate the likelihood of authorisation, and prosecutors were asked to rate the likelihood of proceeding with the case to court.
The factors related to proceeding with a case in the study by Darwinkel et al. (2013b) changed from pre to post training. The factors listed in the current study were in line with those listed post-training. The current sample had received training as well.
References
Australian Law Reform Commission. (2010). Family violence – A national legal response (final report summary 114). Sydney, Australia; Author.
Bottoms BL, Golding JM, Stevenson MC, Wiley TRA, Yozwiak JA (2007) A review of factors affecting jurors' decisions in child sexual abuse cases. In: Toglia MP, Read JD, Ross DF, Lindsay RCL (eds) The handbook of eyewitness psychology, Vol I: Memory for events. Lawrence Erlbaum Associates Publishers, Mahwah, NJ, pp 509–543
Burgess AW, Lewis-O’Connor A, Nugent-Borakove ME, Fanflik P (2006) SANE/SART services for sexual assault victims: Policy implications. Victims and Offenders 1:205–212
Burrows, K. S., & Powell, M. B. (2013). Prosecutors’ perspectives on clarifying sexual acts in child abuse interviews. Psychiatry, Psychology and Law, under review.
Cashmore J, Trimboli L (2005) An evaluation of the NSW Child Sexual Assault Specialist Jurisdiction Pilot. NSW Bureau of Crime Statistics and Research, Sydney
Daly K, Bouhours B (2010) Rape and Attrition in the Legal Process: A Comparative Analysis of Five Countries. Crime and Justice 39:565–650
Darwinkel E, Powell M, Tidmarsh P (2013a) Improving police officers’ perceptions of sexual offending through intensive training. Criminal Justice and Behavior 40:895–908
Darwinkel, E., Powell, M., & Tidmarsh, P. (2013b). Prosecutors’ perceptions of the utility of ‘relationship’ evidence in sexual abuse trials. Australian & New Zealand Journal of Criminology, published online 20 August 2013, DOI: 10.1177/0004865813497733 .
Department of Justice. (2012). A guide to achieving best evidence – Practitioner guidance. London: Author.
Goodman-Delahunty J, Graham K (2011) The influence of victim intoxication and victim attire on police responses to sexual assault. Journal of Investigative Psychology and Offender Profiling 8(1):22–40
Guadagno BL, Hughes-Scholes CH, Powell MB (2013) What themes trigger investigative interviewers to ask specific questions when interviewing children? International Journal of Police Science & Management 15:51–60
Lievore, D. (2004). Prosecutorial Decisions in Adult Sexual Assault Cases. Australian Capital Territory: Australian Institute of Criminology.
Lovett, J., Regan, L., & Kelly, L. (2004). Sexual Assault Referral Centres: Developing Good Practice and Maximising Potentials. Home Office Research Study 285. London: Home Office.
McLean R, Goodman-Delahunty J (2008) The influence of relationship and physical evidence on police decision-making in sexual assault cases. Australian Journal of Forensic Sciences 40(2):109–121
Nugent-Borakove, M. E., Fanflik, P., Troutman, D., Johnson, N., Burgess, A., & O’Connor, A. L. (2006). Testing the efficacy of SANE/SART programs: Do they make a difference in sexual assault arrest & prosecution outcomes? Massachusetts: Department of Justice.
Oxburgh, G., Ost, J., & Cherryman, J. (2010). Police interview with suspected child sex offenders: Does use of empathy and question type influence the amount of investigation relevant information obtained? Psychology, Crime & Law, iFirst, 1-15.
Page AD (2008) Gateway to Reform? Policy Implications of Police Officers’ Attitudes Toward Rape. American Journal of Criminal Justice 33(1):44–58
Pennington N, Hastie R (1992) Explaining the evidence: Tests of the story model for juror decision making. Journal of Personality and Social Psychology 62:189–206
Pipe, M. E., Orbach, Y., Lamb, M., Abbott, C. B., & Stewart, H. (2008). Do best practice interviews with child abuse victims influence case processing? US: United State Departmet of Justice.
Powell MB, Cauchi R (2013) Victims’ perceptions of a new model of sexual assault investigation adopted by Victoria Police. Police Practice and Research: An International Journal 14:228–241
Powell MB, Fisher RP, Wright R (2005) Investigative interviewing. In: Brewer N, Williams KD (eds) Psychology and law: An empirical perspective. Guilford Press, New York, pp 11–42
Powell MB, Murfett R, Thomson DM (2010) An analysis of police officers’ decisions about whether to refer cases of child abuse for prosecution. Psychology, Crime & Law 16:715–724
Read J, Powell MB, Kebbell M, Milne B (2009) Investigative interviewing of suspected sex offenders: A review of what constitutes best practice. International Journal of Police Science and Management 11:442–459
Snook B, Luther K, Quinlan H, Milne R (2012) Let 'em talk! A field study of police questioning practices of suspects and accused persons. Criminal Justice & Behavior 39:1328–1339
Success Works. (2011). Sexual Assault Reform Strategy: Final Evaluation Report. Carlton, Victoria: Author.
Tidmarsh P, Powell MB, Darwinkel E (2012) “Whole story”: A new framework for conducting investigative interviews about sexual assault. Journal of Investigative Interviewing: Research and Practice 4:33–44
Ullman, S. E. (2010). The social context of talking about sexual assault. In S. E. Ullman (Ed.), Talking about sexual assault: Society's response to survivors. (pp. 13–27): American Psychological Association.
van Staden L, Lawrence J (2010) A qualitative study of a dedicated sexual assault investigation unit. Home Office, London
Victorian Law Reform Commission [VLRC]. (2004). Sexual Offences Final Report. Melbourne, Victoria: Author.
Vrij A, Granhag PA, Mann S, Leal S (2011) Outsmarting the liars: Toward a cognitive lie detection approach. Current Directions in Psychological Science 20:28–32
Vrij A, Granhag PA, Porter S (2010) Pitfalls and opportunities in nonverbal and verbal lie detection. Psychological Science in the Public Interest 11:89–121
Westera NJ, Kebbell MR, Milne B (2011) Interviewing rape complainants: Police officers’ perceptions f interview format and quality of evidence. Applied Cognitive Psychology 25:917–926. doi:10.1002/acp.1770
Westera, N. J., Kebbell, M. R., & Milne, B. (2012). It is better, but does it look better? Prosecutor perceptions of using rape complainant investigative interviews as evidence. Psychology, Crime & Law. Article first published online: 2 March, 2012. doi: 10.1080/1068316X.2012.656119.
Wiese M, Armitage C, Delaforce J, Welch J (2005) Emergency care for complainants of sexual assault. Journal of the Royal Society of Medicine 98:49–53
Author notes
Our thanks to the professionals involved in the current study for their support and guidance in development of the materials. Thanks also to Amber Darwinkel for assistance with coding and Bronwen Manger for assistance with the editorial process.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Darwinkel, E., Powell, M. & Sharman, S.J. Police and Prosecutors’ Perceptions of Adult Sexual Assault Evidence Associated with Case Authorisation and Conviction. J Police Crim Psych 30, 213–220 (2015). https://doi.org/10.1007/s11896-015-9162-9
Published:
Issue Date:
DOI: https://doi.org/10.1007/s11896-015-9162-9