Sexual Assault Case Processing: A Focus on the Military

• In Event: The Punishment of Domestic Violence and Sex Offenses

Abstract

Questions have been raised about the response of the military justice system to allegations of sexual assault, with critics charging that few cases are prosecuted successfully and that those who are convicted are sentenced too leniently. This study uses data on penetrative and contact sex offenses in which charges were preferred to examine case outcomes and to identify the factors that affect these outcomes. Results reveal that only 25 percent of those charged with penetrative offenses were convicted of at least one penetrative offense but that 90 percent of those convicted of penetrative offenses received a confinement sentence. Among those charged with sexual contact offenses, 18 percent were convicted of at least one contact offense and 62 percent of those who were convicted of sexual contact were sentenced to a term of confinement. Case outcomes and sentences varied depending upon the seriousness of the charge filed, the military service of the accused, the relationship between the accused and the victim, the number of counts, the number of victims, and whether the victim was in the military or a civilian. The implications of the findings for policy and practice are discussed.

Author

• Cassia Spohn, Arizona State University