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Since the mid-1970s virtually every state has altered its rape legislation in an effort to rectify problems in the prosecution of such crimes. Because implementation of rape reform statutes can affect the success of these efforts, and because prosecutors play a decisive role in the process, this study assesses one aspect of the effectiveness of reform rape legislation by measuring attrition and conviction rates in the prosecution of sexual assault. Attrition rate in one Michigan jurisdiction operating under the model Criminal Sexual Conduct Code are discussed and then compared to other research data. This comparative examination indicates that the law can be productively employed to combat problems, such as high attrition and low conviction rates, historically associated with prosecution of sexual assault offenses. It is also noted that problems may persist despite reform legislation. For instance, while attrition and conviction rates in this research jurisdiction compared favorably to all other available data, almost two-thirds (64%) of the criminal sexual conduct cases brought to prosecutors were lost at some stage in the criminal justice system. While legislative alterations represent a step in the direction of progress, such measures alone will fall short of generating the encompassing social change necessary to rectify the inequitable treatment of rape victims.
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Susan Caringella-MacDonald (1984) studied this question.
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