Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions

The justice system is a critical component of a comprehensive response to sexual violence; there is no true offender accountability without it, and, for many victims, it is an important part of healing. When the justice system is ineffective or unresponsive, it not only fails to support victims and keep communities safe, but it has the power to undermine prevention, advocacy, and other critical efforts. The criminal justice system response requires the participation of many professionals. Few, however, have as great an impact on offender accountability and community safety as the prosecutor.3 The prosecutor serves as the gatekeeper to the criminal justice system,4 and has sole, but not unlimited, discretion in determining who and what to charge.5 Prosecutors’ utilization of research-informed decision making, therefore, is pivotal to the just application of the law. Sexual assault cases are some of the most difficult to prosecute. Although experience and specialized knowledge greatly enhance the likelihood of positive trial outcomes in these cases, experienced prosecutors know that a not-guilty verdict does not necessarily equate with “losing.” A prosecutor who never loses a sexual assault case is likely charging and prosecuting only the “safe” cases, as opposed to cases that are just as important but may seem less “winnable,” due to, for example, less available or unavailable “traditional” evidence, such as eyewitnesses or DNA.