The role of size in domestic violence prosecution involving female defendants: A mixed-methods study

• In Event: Prosecutorial Discretion in Context: Organizational, Interpersonal, and Situational Dimensions

Abstract

Prosecutorial discretion shapes the trajectory of domestic violence cases, yet victim and defendant physical size differentials—an overlooked extralegal characteristic—have yet to be explored in case processing. The purpose of this study is to explore the role of size differentials in decisions to prosecute and dismiss domestic violence cases within a prosecutor’s office in the South. Using an exploratory sequential mixed-methods design, we first analyze qualitative data from prosecutorial notes (N = 12,647), case summaries (N = 801), and interviews with prosecutors (N = 5). Initial findings indicate that prosecutors reference defendant size primarily in cases where traditional victim-defendant size dynamics are reversed, suggesting that perceptions of physical dominance become relevant when they challenge expectations of victimhood. Following, we quantitatively test whether height and weight influence decisions to prosecute and dismiss domestic violence charges involving female defendants (N = 210). Preliminary results indicate that objective height and weight do not significantly predict prosecutorial outcomes for females. The divergence between our qualitative and quantitative findings reflects how prosecutors may invoke physical size subjectively in case narratives to challenge victim credibility, but objective measures of height and weight do not seem to systematically influence case outcomes.

Authors

• Sophia Shaiman, University of South Carolina

• Christi Metcalfe, University of South Carolina

• Barbara Koons-Witt, University of South Carolina