Although roughly 1 in 6 women nationwide are victims of sexual assault -- with the rate being higher for women in college, according to the National Crime Victimization Survey -- rapists often escape jail time. Only between 8 percent and 37 percent of rapes ever lead to prosecution, according to research funded by the Department of Justice, and just 3 percent to 18 percent of sexual assaults lead to a conviction. The likelihood of conviction inevitably factors into the decision of whether or not to pursue a case, explained Michelle J. Anderson, dean and professor of law at the City University of New York. The reasoning is based in how to spend limited time and resources. What you don't want is the police and prosecutor's office to be more concerned with the win-loss record rather than justice," Anderson said. Recent legislation proposed in California and New York would require colleges to submit all reports of sexual assault to local police. The bill in California was developed at the urging of LAPD officers after it was revealed that USC and Occidental had underreported the number of assaults on campus. [But] the reality is [that] the criminal justice system often decides against prosecuting cases of acquaintance rape and date rape. An analysis of the National Violence Against Women Survey by the group End Violence Against Women International concluded that roughly 5 percent of rapes are ever prosecuted. Conviction rates present a "perverse incentive" for prosecutors to pursue only the strongest cases that offer the highest probability that a DA can win the case.
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