Wrongful Conviction in Sexual Assault

2020 ◽  
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Sexual Assault ◽  
Racial Bias ◽  
Sexual Offending ◽  
National Registry ◽  
Acquaintance Rape ◽  
Wrongful Conviction ◽  
Historical Sources ◽  
Dna Evidence ◽  
Sexual Offenses ◽  
Investigation Methods

Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-Familial Child Sexual Assaults examines the phenomenon of innocent defendants who are convicted of rape and related sexual offenses. It presents findings that indicate sexual offenses are highly overrepresented among confirmed wrongful convictions. Drawing from Innocence Project and National Registry of Exoneration data and supplemented by social science and historical sources, the investigation explores various processes that led to wrongful conviction, distinguishing the differential risk of wrongful conviction among stranger rape, acquaintance rape, and intra-familial child sexual assault. The book includes reference to established research on false confessions, eyewitness misidentification, erroneous expert and informant testimony, DNA evidence, racial bias, and “manufactured” evidence. The work also introduces new terms and concepts (such as “black box” investigation methods, the stranger rape thesis, the moral outrage–moral correction process, “spontaneous misidentification,” victim status paths, the differential investigation challenge related to capable vs. incapacitated rape victims, and the role of serial sexual offending in wrongful conviction) to clarify and illustrate unique aspects of wrongful conviction in sexual assault.

Rape and Wrongful Conviction

2020 ◽  
pp. 19-56
Author(s):  
Matthew Barry Johnson
Keyword(s):  
National Registry ◽  
Black Box ◽  
Acquaintance Rape ◽  
Moral Outrage ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Victim Status ◽  
Investigation Methods ◽  
Innocence Project

This chapter focuses on the concentration of rape cases among confirmed wrongful convictions. How stranger rape differs from date and acquaintance rape with regard to the risk of wrongful conviction is presented. Innocence Project and National Registry of Exonerations data are examined as well as case illustrations. The chapter examines the pressures on law enforcement authorities and the role of primary evidence, secondary evidence, black box investigation methods, the continuum of intentionality, and victim status in stranger rape. In addition, a stranger rape thesis is presented to distinguish the unique challenges faced in the investigation of “stranger rape. The moral outrage associated with stranger rape produces a great demand on police for arrests and convictions yet reliable identification of the perpetrator is compromised in stranger rape.

Sex Offending and the Transition From Adolescence to Adulthood: A Cross-Lagged Analysis of General Offending and Sexual Assault in College Males

2016 ◽  
Vol 34 (6) ◽  
pp. 1311-1328 ◽  
Author(s):  
Glenn D. Walters
Keyword(s):  
Sexual Assault ◽  
Sexual Offending ◽  
Early Adulthood ◽  
Relationship Status ◽  
Convenience Sample ◽  
College Males ◽  
Young Males ◽  
Sexual Offenses ◽  
Blame Attributions ◽  
Male College

The purpose of this study was to determine the direction of the general offending–sexual assault relationship in young males transitioning from late adolescence to early adulthood. It was predicted that the path leading from general offending to sexual assault would be significant and the path leading from sexual assault to general offending would be non-significant. This hypothesis was tested in a convenience sample of 851 male college students using three waves of data. Four cross-lagged correlations were compared after controlling for race, relationship status, blame attributions, and precursors for each predicted variable. Consistent with the hypothesis, both general offending leading to sexual assault pathways were statistically significant and both sexual assault leading to general offending pathways were not non-significant. Supplemental analyses revealed that more than half the specific non-sexual offenses contributing to the general offending score were capable of predicting general offending, indicating that the non-significant sexual assault pathways were not simply a function of the more limited size or scope of the sexual assault measure. The fact that general offending predicted sexual assault but not vice versa suggests that adult-onset sexual assault may be an extension of prior non-sexual offending.

Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-Familial Child Sexual Assaults

2021 ◽  
Vol 48 (5) ◽  
pp. 708-712
Author(s):  
Marina Sorochinski
Keyword(s):  
Social Context ◽  
Sexual Assault ◽  
Acquaintance Rape ◽  
Sexual Assaults ◽  
Unique Combination ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Crime Investigation

This article reviews the recently published book by M. B. Johnson— Wrongful conviction in sexual assault: Stranger rape, acquaintance rape, and intra-familial child sexual assaults. The focus of the book is on the unique combination of factors specifically within sexual crime investigation and legislation that lead to the overrepresentation of this type of crimes within wrongful convictions. The book presents a detailed analysis of social context, and historical backdrop specific to wrongful convictions in sexual crimes. It is a highly informative and well-written book.

Exonerating DNA Evidence in Overturned Convictions: Analysis of Data Obtained From the National Registry of Exonerations

2021 ◽  
pp. 088740342110333
Author(s):  
Mark Saber ◽  
Brooke Nodeland ◽  
Robert Wall
Keyword(s):  
Justice System ◽  
National Registry ◽  
Policy Implications ◽  
Wrongful Conviction ◽  
Dna Testing ◽  
Empirical Examination ◽  
Dna Evidence ◽  
Testing Technology ◽  
And Gender ◽  
The Impact

In recent years, advances in DNA testing technology have been coupled with DNA exonerations. In response, increasing public and empirical attention have been given to the experiences of those wrongfully convicted by the criminal justice system. Several jurisdictions have created Conviction Integrity Units (CIUs) to review convictions of primarily violent defendants for wrongful conviction. However, empirical examination of the impact of CIUs and other factors predicting DNA exoneration remains limited. This study uses data from the National Registry of Exonerations to examine the impact of CIUs, location of conviction, and other factors that make exonerations more likely to feature DNA evidence. Findings suggest that offense type, year of conviction, and gender are significant predictors of DNA exoneration. Policy implications are also discussed.

Introduction and Overview

2020 ◽  
pp. 1-12
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Public Health ◽  
Sexual Assault ◽  
Acquaintance Rape ◽  
Sexual Assaults ◽  
Wrongful Conviction ◽  
Public Health Perspective ◽  
Wrongful Convictions ◽  
Child Sexual Assault ◽  
Criminal Offenses

The Introduction and Overview provides an overview of the chapters and the approach in examining wrongful conviction in sexual assault. It identifies both rape and wrongful conviction as damaging and traumatic outcomes. Drawing from a public health perspective, it presents a link between rape and wrongful conviction illustrated by disaggregating wrongful conviction in stranger rape, from acquaintance rape, and intrafamilial child sexual assault, thus highlighting the concentration of wrongful convictions among stranger rapes. The Introduction and Overview also discusses the frequency of wrongful conviction and points out the significance of classifying sexual assaults together rather than relying on the prosecution approach of classifying criminal offenses by the highest charge, which obscures the relation of sexual assault to wrongful conviction.

Pornography Use and Sexual Offending: An Examination of Perceptions of Role and Risk

2021 ◽  
pp. 0306624X2110491
Author(s):  
Karen Holt ◽  
James Kissinger ◽  
Corey Spickler ◽  
Vicki Roush
Keyword(s):  
Sexual Offending ◽  
Sexual Offense ◽  
Central Research ◽  
Structured Interviews ◽  
Sexual Crimes ◽  
Sexual Offenses ◽  
Increase Risk ◽  
Pornography Use ◽  
Abstinence Only

Despite no definitive relationship between pornography and sexual offenses, there exists an assumption that use plays a role in the commission of sexual crimes and may increase risk of recidivism. This has led to the development of post-release restrictions on adult media for those convicted of a sexual offense. We conducted semi-structured interviews with 101 incarcerated individuals convicted of a sexual offense to explore the central research questions: (1) What are the common themes among individual’s experiences regarding pornography and how do they construct the role of pornography in their offending? (2) How do they frame pornography use post-release and understand pornography use as related to risk of re-offense? A qualitative analysis revealed common themes regarding how individuals constructed pornography use and notions of risk. Strategic and targeted monitoring and supervision of those who perceive their pornography use as consuming and facilitating may be a more effective practice than abstinence-only blanket restrictions.

Sexual Harassment of Students at Institutions of Higher Education: Variations in Students’ Experiences, Knowledge, and Perceptions Across Institutions

2021 ◽  
pp. 155708512110625
Author(s):  
L. B. Klein ◽  
Marie C. D. Stoner ◽  
Nivedita L. Bhushan ◽  
Grace E. Mulholland ◽  
Bonnie S. Fisher ◽  
...  
Keyword(s):  
Higher Education ◽  
At Risk ◽  
Sexual Assault ◽  
Sexual Harassment ◽  
Perceived Risk ◽  
Research Policy ◽  
Sexual Misconduct ◽  
Acquaintance Rape ◽  
Institutions Of Higher Education

Attention to sexual misconduct has focused on acquaintance rape, leaving a need for research on less highly recognizable forms of harm. We estimated institution of higher education (IHE)-specific prevalence of yellow zone sexual harassment (SH) among students at 27 IHEs. We then examined SH and perceived risk of sexual assault/misconduct, knowledge regarding policies/resources, and perceptions of sexual misconduct response. Between 37.1% and 55.7% of students experienced SH. Harassed students were much more likely than non-harassed students to feel at risk for sexual misconduct and to have negative views of sexual misconduct response. Implications for research, policy, and prevention/response are discussed.

The Modern Politics of Sexual Assault Prosecution

2020 ◽  
pp. 13-18
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Sexual Assault ◽  
Acquaintance Rape ◽  
Common Type ◽  
Reform Movement ◽  
Law Reform ◽  
Legal Process ◽  
Rape Law ◽  
Modern Politics ◽  
Rape Law Reform ◽  
The Us

This chapter presents and discusses the “rape law reform” movement that emerged in the 1970s. The movement sought reforms designed to encourage victims to make official reports and facilitate the successful prosecution of rape and sexual assault. The movement achieved legislative and practice reform, but there was no discernible increase in sexual assault convictions. The rape law reform movement solidified an alliance of concern that strengthened vigorous prosecution of “stranger rapes” but had little impact on the more common type of rape, “acquaintance rape.” Rape law reform advocacy produced dramatic and rapid legislative change, change that was clearly warranted not only for victims of sexual assault, but also reform that contributed to the integrity of the US legal process.

scholarly journals Sex Offenses Perpetrated Against Older Adults: A Multivariate Analysis of Crime Scene Behaviors

2020 ◽  
pp. 088626052092863
Author(s):  
Louise Almond ◽  
Martha Sainsbury ◽  
Michelle McManus
Keyword(s):  
Sexually Abused ◽  
Sexual Offending ◽  
Crime Scene ◽  
Future Research ◽  
Background Characteristics ◽  
Law Enforcement Agencies ◽  
Female Victims ◽  
Sexual Offenses ◽  
Offending Behavior ◽  
The Relationship

The aim of this study was to thematically explore the relationship between crime scene behaviors and background characteristics of offenders who commit sexual offenses against female victims aged 60 years or more. Research and understanding of offense behaviors in this area is extremely limited; therefore, the study sought to provide a preliminary understanding and multivariate model of offense behaviors in cases where older female adults were sexually abused. Twenty-seven crime scene behaviors from 143 rape or attempted rape cases of an older adult victim were analyzed; frequency data were computed to provide base rate information, and Smallest Space Analysis provided a visual representation of the co-occurrence of crime scene behaviors. Three distinct dominant themes were identified, in which 56% of offenses displayed themes of Involvement (22%), Control (17%), and Hostility (16%). The relationship between each dominant theme and selected background characteristics was then analyzed. For example, offenders displaying an Involvement theme were found to be significantly less likely to have prior convictions. Significance was also found in the relationship between dominant themes and a “theft and kindred offence other” preconviction background characteristic. The findings demonstrate offending behavior can be separated into three distinct themes, providing an explanation of offender subtypes and supporting previous models found in other types of sexual offending. Applications for law enforcement agencies regarding identified themes and links with likely offender background characteristics are highlighted. Limitations and future research avenues are discussed.

Sign in / Sign up

Export Citation Format

Share Document