When a Cleared Rape Is Not Cleared: A Multilevel Study of Arrest and Exceptional Clearance

Area of Science:

• Criminology
• Sociology of Law
• Criminal Justice

Background:

• Rape is a severely underreported violent crime with low clearance rates.
• Understanding factors influencing case clearance is vital for improving justice outcomes.
• Two clearance types exist: arrest and exceptional clearance (offender not prosecuted).

Purpose of the Study:

• To examine factors associated with the likelihood of rape case clearance by law enforcement.
• To differentiate between arrest and exceptional clearance outcomes.
• To analyze victim, offender, incident, and police department characteristics influencing clearance type.

Main Methods:

• Utilized data from the National Incident-Based Reporting System (NIBRS) and LEMAS.
• Employed a multilevel modeling approach.
• Analyzed 16,231 cleared rape cases across 238 police departments.

Main Results:

• Exceptional clearance accounted for 47% of all cleared rape cases.
• Victim non-cooperation and declined prosecution were key reasons for exceptional clearance.
• Incident-level variables significantly impacted exceptional clearance likelihood; police departments explained 37% of clearance variation.

Conclusions:

• Exceptional clearance is a substantial outcome in rape cases, often stemming from factors outside law enforcement's direct control.
• Police department characteristics play a significant role in clearance type.
• Further research on exceptional clearance and NIBRS data is warranted.