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Using a sample of 467 sexual assault cases, this study analyzes the role of prior relationship and “negative” victim characteristics in accounting for case outcomes from prosecutorial intake to final disposition. Neither of these variables played a role in either the decision to prosecute, the decision to go to trial rather than resolve by guilty plea, trial outcomes, or punishment severity as indicated by a prison (versus nonprison) term. Both variables, however, were significant in determining sentence length. When selection bias and relevant legal factors were controlled, the existence of a prior relationship reduced sentence length by 35 months; each additional negative victim characteristic reduced the period of incarceration by 17 months.
Kingsnorth et al. (Tue,) studied this question.