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Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking

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Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking Author: André B. Rosay, Ph.D., Darryl Wood, Ph.D., Marny Rivera, Ph.D., Greg Postle, M.A., Katherine TePas, M.A. Document No.: 236429 Date Received: November 2011 Award Number: 2005-WG-BX-0011 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking by André B. Rosay, Ph.D. Justice Center, University of Alaska Anchorage Darryl Wood, Ph.D. Program in Public Affairs, Washington State University Vancouver Marny Rivera, Ph.D. Justice Center, University of Alaska Anchorage Greg Postle, M.A. Justice Center, University of Alaska Anchorage Katherine TePas, M.A. State of Alaska with Alaska State Troopers, Department of Public Safety, State of Alaska Alaska Department of Law, State of Alaska JC #0601 August 2010 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 1 Justice Center University of Alaska Anchorage Anchorage, Alaska 99508 Published by the Justice Center in 2010 (JC #0601) Printed in the United States of America This project was supported by Grant No. 2005-WG-BX-0011 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. UAA is an EEO/AA employer and educational institution. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 2 Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking Abstract This project examined sexual assault, domestic violence, and stalking cases reported to the Alaska State Troopers. More specifically, we examined all sexual assault and sexual abuse of minor incidents reported to Alaska State Troopers in 2003 and 2004, all assaults in domestic violence incidents reported to Alaska State Troopers in 2004, and all stalking incidents reported to Alaska State Troopers from 1994 to 2005. In addition, we examined whether cases were referred to the Alaska Department of Law for prosecution, were accepted for prosecution, and resulted in a conviction. This report provides a thorough overview of key characteristics on reports, suspects, victims, incidents, witnesses, and legal resolutions. This report also examines the predictors of legal resolutions. Finally, this report examines whether rural cases are less likely to have successful legal resolutions. Results clearly show that what Alaska State Troopers do when investigating reported offenses can increase rates of referral, acceptance, and conviction. In addition, we found no evidence of under-enforcement in rural areas. Contrary to allegations that the provision of criminal justice services is diminished in rural areas, we found that geographic isolation does not hinder case processing. These results are important for other rural jurisdictions. Most importantly, we found that cases first reported to local first responders had better legal resolutions. This finding suggests that the resources provided by these first responders (i.e., reduced response time and enhanced investigation) increase the rates of prosecutions and convictions. This finding is important not just in Alaska, but in other jurisdictions where official responders are not immediately available. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 3 Investigation and Prosecution of Sexual Assault, Domestic Violence, and Stalking Table of Contents I. Index of Tables and Figures 6 II. Acknowledgments 13 III. Executive Summary 14 A. Sexual Assault 14 1. Report Characteristics 14 2. Suspect Characteristics 14 3. Victim Characteristics 15 4. Victim-Suspect Characteristics 15 5. Incident Characteristics 15 6. Witness Characteristics 16 7. Legal Resolutions 16 8. Predictors of Legal Resolutions 16 9. Legal Resolutions by Race and Geography 17 10. Conclusions 17 B. Domestic Violence 18 1. Report Characteristics 18 2. Suspect Characteristics 19 3. Victim Characteristics 19 4. Victim-Suspect Characteristics 19 5. Incident Characteristics 20 6. Witness Characteristics 21 7. Legal Resolutions 21 8. Predictors of Legal Resolutions 21 9. Legal Resolutions by Race and Geography 22 10. Conclusions 22 C. Stalking 23 1. Report Characteristics 23 2. Charge Characteristics 24 3. Suspect Characteristics 24 4. Victim Characteristics 25 5. Witness Characteristics 25 6. Legal Resolutions 25 7. Predictors of Legal Resolutions 26 8. Conclusions 26 IV. Goals and Background for this Study 28 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 4 V. State of Alaska 36 A. Geography and Climate 36 B. Population 37 C. Alaska State Troopers 38 D. Alaska Department of Law 42 VI. Sexual Assault 44 A. Brief Overview of Sexual Assault in Alaska 44 B. Methodology 46 C. Report Characteristics 48 D. Suspect Characteristics 59 E. Victim Characteristics 65 F. Victim-Suspect Characteristics 70 G. Incident Characteristics 74 H. Witness Characteristics 85 I. Legal Resolutions 87 J. Predictors of Legal Resolutions 93 K. Legal Resolutions by Race and Geography 101 L. Conclusions 106 VII. Domestic Violence 109 A. Brief Overview of Domestic Violence in Alaska 109 B. Methodology 110 C. Report Characteristics 112 D. Suspect Characteristics 117 E. Victim Characteristics 124 F. Victim-Suspect Characteristics 128 G. Incident Characteristics 132 H. Witness Characteristics 143 I. Legal Resolutions 145 J. Predictors of Legal Resolutions 148 K. Legal Resolutions by Race and Geography 155 L. Conclusions 161 VIII. Stalking 164 A. Brief Overview of Stalking 164 B. Stalking Legislation in Alaska 165 C. Methodology 166 D. Report Characteristics 168 E. Charge Characteristics 175 F. Suspect Characteristics 177 G. Victim Characteristics 183 H. Witness Characteristics 187 I. Legal Resolutions 190 J. Predictors of Legal Resolutions 191 K. Conclusions 198 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 5 IX. References 202 X. Appendices 209 A. Sexual Assault Data Collection Instrument 210 B. Domestic Violence Data Collection Instrument 225 C. Stalking Data Collection Instrument 232 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 6 Section I Index of Tables and Figures V. State of Alaska A. Geography and Climate Figure 1. State of Alaska in Comparison to Lower 48 37 B. Population Figure 2. State of Alaska Highway System 38 C. Alaska State Troopers Figure 3. Alaska State Trooper and Alaska Bureau of Wildlife Enforcement Posts 40 VI. Sexual Assault A. Brief Overview of Sexual Assault in Alaska Figure 4. Rates of Forcible Rape in the U.S. and Alaska, 1982-2008 45 C. Report Characteristics Table 1. Year of Report 48 Table 2. Month of Report 49 Table 3. Total Number of Reports by Detachment 49 Table 4. Total Number of Reports by Unit 50 Table 5. Case Closure Codes 52 Table 6. Case Closure Codes for Cases with Minor and Adult Victims 52 Table 7. Characteristics of Unfounded Cases 53 Figure 5. Number of Weeks from Report to Case Closure 53 Table 8. First Agency Notified 54 Table 9. Collection of Evidence 55 Table 10. Applicability and Collection of Evidence 55 Table 11. Collection of Evidence for Cases with Minor and Adult Victims 56 Table 12. Timeliness of Report and Sexual Assault Evidence Collection Kits 57 Table 13. Search Warrants 57 Table 14. Forensic Exams 57 Table 15. Notifications Given to Victims 58 Table 16. Total Number of Suspects and Victims per Report 58 Table 17. Total Number of Witnesses per Report 59 D. Suspect Characteristics Table 18. Race of Suspects 60 Table 19. General Suspect Characteristics 60 Table 20. Age of Suspects at Time of Assault 61 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 7 Table 21. Suspect Substance Use and Age Group 61 Figure 6.
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