Arrest and Referral Decisions in Sexual Assault Cases: The Influence of Police Discretion on Case Attrition

Research on sexual assault case attrition spans from the decision of victims to report the incidents and cooperate with police during investigations through the final case disposition in the courtroom. However, few studies have focused on how police discretion influences attrition at the points of arrest and case referral. The current study examines factors of adult sexual assaults reported to the police to determine which legal and extralegal factors were predictive of arrest and which variables were predictive of police decisions to refer cases to prosecutors for consideration. The results of this study showed victim cooperation and evidence significantly predicted arrest and referral, along with variables which measured the seriousness of the case and victim credibility. The findings confirmed both legally relevant and extralegal variables were important considerations during each decision-making point. Implications arising from these results are discussed.