Victim participation through private prosecution: empirical research on sex crimes

• In Event: Victim participation in criminal justice in Europe

Abstract

The Spanish criminal justice system encompasses a distinctive model of private prosecution, affording crime victims the opportunity to participate in the judicial process in a different way to other legal systems. While this grants victims certain advantages, it also carries inherent risks. The ongoing debate about the current configuration of public prosecution in Spain is of significant comparative and international interest. Our contribution to this debate lies in the incorporation of empirical research findings based on data collected from judicial judgments in sex crimes. After bi- and multivariate analysis we have found that that judicial decisions are influenced by the presence or absence of private prosecution in the process. This influence appears to be stronger on determining the length of prison sentences than on determining the amount of civil liability.

Authors

• Josep Tamarit, Universitat Oberta de Catalunya

• Laura Arantegui Arràez, Universitat Oberta de Catalunya