The Alaska Department of Public Safety is working with the University of Alaska Anchorage Justice Center to better understand how sexual assaults reported to the Alaska State Troopers are handled and perceived, and which factors shape the likelihood of achieving justice for sexual assault victim-survivors. A final report including recommendations for practice improvement is expected mid-2020.Questions of justice /
SAKI research in Alaska /
Understanding experiences and perceptions /
Reference

Breager, Randi

Johnson, Ingrid D.

TePas, Katherine H.

English

ScholarWorks@UA

INSIDE THIS ISSUE• Alaska sex offense law: What haschanged (page 2)• Academy expands medical forensic careand response (page 4)• Legal representation and child custodydeterminations (page 5)Image credit: Nick Foote/Shutterstock.comVOL. 36, NO. 1FALL 2019Please see , page 7Editor’s noteI’m pleased to share the latest issue of the Alaska Justice Forum, and to introduce myself as the publication’s new editor. After a year-long hiatus, all of us at the Justice Center are happy to be mov-ing forward with the Forum again, and continuing its tradition of research and analysis on Alaska-focused criminal justice issues. I look forward to guiding the Forum as it builds on its strengths and expands in new directions. In this spirit of change, the publi-cation will be transitioning to an all-digital format starting with this issue. You will begin to receive issues of the Forum exclusively by email, and you can also read new articles on the Justice Center website at any time. Our move to an all-digital format gives us more flexibility to shape the future of the Forum — and, ultimately, helps us ensure that it continues to be valuable for practitioners and policymakers in our state. With this in mind, we will be looking at other potential changes to the publication in the near future, which I am excited to share with you. I also want to acknowledge that this issue comes at a time of change for the University of Alaska Anchorage, which is home to the Justice Center and the Forum. Regardless of the potential chal-lenges we face, our intention is to continue adapting this publica-tion so that it best serves its ultimate purpose: helping our readers make informed, evidence-based decisions in justice-related policy and practice. This is what makes the Forum such a unique resource in Alaska, and it is why we strongly believe in its enduring value.  I invite you to help us along the way. One of the best ways you can support the Forum is by providing your input about what you think of the current issue, which articles you find useful and rel-evant, and what you would like to see in this publication going forward. Please feel free to contact me at hcrandolph@alaska.edu with your ideas and feedback. Sincerely,Henry RandolphEditor Study examines sexual assault survivor experiencesIngrid D. Johnson, Randi Breager, and Katherine H. TePasQuestions of justiceWhat is justice? Whether posed in the classroom, workplace or community, this question elicits numerous responses. Does justice mean holding an offender account-able for their actions? Does it mean punish-ing the offender, regardless of accountabil-ity? Ensuring a fair trial, where a defendant is presumed innocent until proven guilty beyond a reasonable doubt? Is justice proce-dural, where fair and respectful treatment is an outcome in itself? Is it all, many, or none of the above? If jus-tice is multifaceted, are certain forms of justice more impor-tant, and should they be prioritized over others?Although these questions make for lively theoretical discussions, they also have practical implications.Two overlapping functions of state-sanctioned criminal justice systems are to deter crime and to ac-knowledge and reaffirm the legal values of society (Gottfredson & Gottfredson, 1988). However, victimization surveys have consis-tently found that rates of reporting crimes to the criminal justice system are low, with the 2017 National Crime Victimization Sur-vey (NCVS) finding that only about half of victimization experiences were reported to police (Morgan & Truman, 2018). When our criminal justice system only has the possibility of meting out justice for half of crimes com-mitted, its ability to deter crime and enforce values is called into question (Gottfredson & Gottfredson, 1988). It is therefore worth ask-ing: What is justice for victims of crime, and SAKI7Alaska Justice Forum 36(1), Fall 2019Editor:  Henry RandolphEditorial Board: Rita Augustyn, Allan Barnes, Jason Brandeis, Sharon Chamard, Ron Everett, Ryan Fortson, Robert Henderson, Ingrid Johnson, Kristin Knudsen, Yeungjeom Lee, Brad Myrstol, Troy Payne, Deborah PerimanTypesetting and Layout: Melissa GreenBrad Myrstol, Director, Justice CenterPublished by the Justice CenterCollege of Health University of Alaska Anchorage 3211 Providence Drive Anchorage, AK 99508 (907) 786-1810(907) 786-7777 faxuaa.justice@alaska.eduhttp://www.uaa.alaska.edu/justice/© 2019 Justice Center, College of Health, University of Alaska Anchorage ISSN 0893-8903The opinions expressed are those of individual authors and may not be those of the Justice Center.UAA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual: www.alaska.edu/titleIXcompliance/nondiscrimination.ALASKAJUSTICEFORUMPlease see SAKI, page 8SAKI(continued from page 1)what role do our contemporary systems of criminal justice play in victims’ perceptions of justice? Answering these questions could open a discussion of how criminal justice sys-tems might be modified or expanded to bet-ter create justice for victims of crime.A limited body of research finds that that victims have varied perspectives on justice. These perspectives often diverge from “tra-ditional” notions of justice (such as arrest, conviction and incarceration) and instead in-clude factors such as community and official acknowledgement of victims’ experiences, as well as procedural justice elements such as being treated with dignity, being given a voice, and having control in the justice process (Clark, 2010; Herman, 2005; Holder, 2018; McGlynn & Westmarland, 2018).SAKI research in AlaskaAlaska has been presented with the oppor-tunity to explore these questions through the federal Bureau of Justice Assistance (BJA) Sexual Assault Kit Initiative (SAKI). The Alaska Department of Public Safety has been awarded one of numerous BJA SAKI research grants across the country and is working with the University of Alaska Anchorage Justice Center to answer three research questions:1. What are key stakeholders’ experienceswith how Alaska State Troopers (AST)sexual assault cases are handled (includ-ing investigations, prosecutions, andvictim engagement and support), and how do those experiences compare to their perceptions of just outcomes (i.e., justice)?2. For victim-survivors, how common arethese experiences and perceptions?3. Which factors shape the likelihood ofachieving these just outcomes?Although the national SAKI focuses more exclusively on the role of sexual assault kits (SAKs) in the just resolution of sexual assault cases, the Alaska SAKI (AK-SAKI) project fo-cuses on sexual assault case processing more broadly. This is because SAK submission decisions may often be made based on the overall strength of a case above and beyond the SAK evidence, which in turn may be in-fluenced by gender, race, and class biases (Campbell & Fehler-Cabral, 2018; U.S. De-partment of Justice, 2015). Therefore, rec-ommendations for policy, practice, and/or training which are focused too narrowly on SAKs may risk addressing only one symptom of larger, more systematic problems in how sexual assaults are handled by formal agen-cies (Mulla, 2014).In January 2019, the UAA Justice Center’s Assistant Professor Ingrid Johnson began collecting data to answer the first research question for this project. These data are qualitative (non-numerical) and are derived from semi-structured interviews (i.e., one-on-one, confidential conversations) with key stakeholders involved in adult sexual assault cases reported to the AST. Key stakeholder interviewees are divided into two different groups: first, adult sexual assault victim-survivors who reported a sexual assault to AST between 2006 and 2016; and second, system stakeholders, including Alaska state troopers, village public safety officers, victim Table 1. Research questions, respective utility, and data sources for the AK-SAKI research projectKey research questions Useful for understanding… Data sources1. What are key stakeholders’experiences with how Alaska StateTrooper sexual assault cases arehandled (including investigations,prosecutions, and victimengagement and support)? How dothose experiences compare to theirperceptions of just outcomes (i.e.,justice)?• Whether policies and procedures are being followeduniformly at the ground level (i.e., in practice).• Potentially unintended implications of policies,procedures, and/or practices.• The range of stakeholders’ experiences/perceptions ofpolicies, procedures and practices.• The range of stakeholders’ perceptions of justoutcomes (i.e., justice).• Potential intersections and conflicts amongstakeholders’ experiences and perceptions.Semi-structured, qualitative interviews with:• Victim-survivor stakeholders• System stakeholders2. For victim-survivors, how commonare the experiences and perceptionsidentified in Research Question 1?• How commonly victim-survivors experience andperceive just outcomes (i.e., justice) in sexual assaultreporting processes and resolutions.• How commonly valued these just outcomes are.Quantitative data:• Victim-survivor surveys• Electronic records from Alaska’sdepartments of Public Safety and Law3. Which factors shape the likelihoodof achieving just outcomes (i.e.,justice)?• Areas to be addressed in improving sexual assaultinvestigations, prosecutions, and victim engagementand support processes.Quantitative data:• Victim-survivor surveys• Electronic records from Alaska’sdepartments of Public Safety and Law8 Alaska Justice Forum 36(1), Fall 2019SAKI(continued from page 8)advocates, sexual assault nurse examiners, sexual assault response team coordinators, prosecutors with the Alaska Department of Law, public defenders, judges, and Alaska State Crime Detection Laboratory forensic analysts. A total of approximately 80 key stakeholder interviews will be conducted (40 with victim-survivor stakeholders, and 40 with system stakeholders).The one- to two-hour interviews focus on interview participants’ experiences with the reporting and investigation process, their perceptions of why and how the case (or cases) was handled the way it was, and what the participant wanted out of the process in order to achieve justice. For victim-survivors, the questions are framed in reference to their specific case. For system stakeholders, the questions are framed in reference to AST sexual assault cases more broadly.While system stakeholders were randomly selected for interviews, victim-survivor re-cruitment required a more varied and some-times personal approach. Johnson’s research team is working with advocacy and tribal groups, health care and victim service pro-viders, and other partners across the state to reach as many victim-survivors as possible. They have used multiple mediums to dissem-inate information about the study, including recruitment flyers at physical locations, email and social media, and local media coverage. Potential participants contact Johnson, who screens them for eligibility and, if they are eligible, conducts the interview.Understanding experiences and perceptionsAfter interviews are recorded and tran-scribed, research technicians identify and cross-validate themes and concepts. The goal is to understand what key stakeholders’ ex-periences are with how Alaska State Trooper sexual assault cases are handled (includ-ing investigations, prosecutions, and victim engagement and support), and how those experiences compare to the stakeholders’ perceptions of just outcomes, or justice. The data collected in this portion of the project will be useful for better understanding sev-eral aspects of sexual assault reporting pro-cesses and resolutions (see Table 1).The research team will use the findings from the first research question to deter-mine which factors to measure and assess in the second and third research questions. An-swering these questions requires different, quantitative data to supplement the qualita-tive interview data used in the first portion of the project (see Table 2). Electronic records of incident reports from the Department of Public Safety and Department of Law will provide some of these quantitative vari-ables, such as victim-survivor demographics (e.g., gender, age, race/ethnicity) and the relationship between the victim-survivor and suspect. Other variables, such as whether survivors are treated with dignity, will be gathered through surveys of sexual assault victim-survivors who have reported to AST. The research team will use these quantita-tive data to address two questions: first, how common the experiences and perceptions identified in the first portion of the project are for victim-survivors, and second, what factors influence the likelihood of achieving just outcomes.This is one of the few projects directly in-corporating victim-survivor voices in Alaska research. The findings will be used to de-velop a framework for agencies across the state to improve sexual assault investiga-tions, prosecutions, and victim engagement and support.Find full citations on page 9.Ingrid D. Johnson is assistant professor at the UAA Justice Center. Randi Breager is criminal justice planner at the Alaska State Crime Detection Laboratory. Katie TePas is DVSA program coordinator with the Alaska State Troopers. Table 2. Measurement and analysis examplesData sources Measurement examples Analysis examplesSemi-structured, qualitative interviews with:• Victim-survivor stakeholders• System stakeholdersVictim-survivor interview questions:• Did you have an exam in which evidence was collected, sometimes known as a SART or forensic exam?• If yes: What was that like? What do you remember the most? Do you know if they learned anything from your exam?System stakeholder interview questions: • Can you tell me more about the forensic exam process, also known as a SART exam?[Not applicable]Quantitative data: • Victim-survivor surveys Potential victim-survivor survey questions:• Did you have an exam in which evidence was collected, sometimes known as a SART or forensic exam? (yes/no)• Do you believe that justice was done in your case? (yes/no)Potential victim-survivor survey analysis:Does conducting a SART exam increase the likelihood that a victim-survivor feels that justice has been done in their case?Quantitative data:• Alaska Department of Public Safety and Department of Law electronic recordsDPS electronic records:• Was a SART exam conducted? (yes/no)DOL electronic records:• Was the case accepted for prosecution? (yes/no)Potential electronic record analysis:Does conducting a SART exam increase the likelihood that a case will be accepted for prosecution?What is justice for victims of crime, and what role do our contemporary systems of criminal justice play in victims’ perceptions of justice?9Alaska Justice Forum 36(1), Fall 2019 ReferencesReferences for the Fall 2019 issueReferences for “Study examines sexual assault survivor experiences” (pp. 1, 7–8).Campbell, Rebecca; & Fehler-Cabral, Giannina. (2018). “Why Police ‘Couldn’t or Wouldn’t’ Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits.” Law & Society Review 52(1): 73-105 (2018).Clark, Haley. (2010). “’What Is the Justice System Willing to Offer?’: Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs.“ Family Matters 85: 28–37 (2010).Gottfredson, Michael R.; & Gottfredson, Don M. (1988). “The Victim’s Decision to Report a Crime.” Chap. 2 in Michael R. Gottfredson & Don M. Gottfredson (eds.), Decision Making in Criminal Justice: Toward a Rational Exercise of Discretion, 2nd ed., pp. 15–46. Law, Society, and Policy #3. New York: Plenum Press.Herman, Judith Lewis. (2005). “Justice from the Victim’s Perspective.” Violence Against Women 11(5): 571–602 (May 2005).Holder, Robyn L. (2018). “Untangling the Meanings of Justice: A Lon-gitudinal Mixed Methods Study.” Journal of Mixed Methods Re-search 12(2): 204–220 (2018).McGlynn, Clare; & Westmarland, Nicole. (2019). “Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice.” Social & Legal Studies 28(2): 179–201 (2019).Morgan, Rachel E.; & Truman, Jennifer L. (2018). ”Criminal Victimization, 2017.” BJS Bulletin. NCJ 252472. U.S. Department of Justice, Bureau of Justice Statistics.Mulla, Sameena. (2015). The Violence of Care: Rape Victims, Forensic Nurses, and Sexual Assault Intervention. New York: New York University Press.U.S. Department of Justice. (2015). Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence. Washington, DC: U.S. Department of Justice.References for “Alaska sex offense law: What has changed” (pp. 2–3).Alaska Criminal Justice Commission. (2019). Sex Offenses: A Report to the Alaska State Legislature. Anchorage, AK: Alaska Criminal Justice Commission.Alaska State Legislature. (2016). Senate Bill 91: Omnibus Criminal Law & Procedure; Corrections (SB 91). 29th Alaska Legislature. (Intro-duced 25 Mar 2015; signed into law 11 Jul 2016.)Alaska State Legislature. (2019). House Bill 14: Assault; Sex Offenses; Sent. Aggravators (HB 14). 31st Alaska Legislature. (Introduced 20 Feb 2019; signed into law 19 Jul 2019.)Alaska State Legislature. (2019). House Bill 49: Crimes; Sentencing; Drugs; Theft; Reports (HB 49). 31st Alaska Legislature. (Introduced 20 Feb 2019; signed into law 8 Jul 2019.)Alaska Statutes §11.41. Sexual Offenses. AS §11.41.410–470.Boots, Michelle Theriault. (7 Oct 2018). “‘One Free Pass’: The Story Behind the No-Jail Plea Deal That Drew Outrage from Alaskans.” Anchorage Daily News.Brooks, James. (28 May 2019). “Alaska Senate Votes to Repeal and Replace Most of SB 91, Sending Crime Bill to Governor’s Desk.” An-chorage Daily News.Wang, Amy B. (24 Sep 2018). “A Man Accused of Kidnapping and Masturbating on a Woman Got a ‘Pass.’ Now People Want the Judge and Prosecutor Out.” Washington Post.References for “Legal representation and child custody determinations” (pp. 5–6).Fortson, Ryan; & Payne, Troy C. (2018). “Lawyering Up: The Effects of Legal Counsel on Outcomes of Custody Determinations.”  UC Davis Journal of Juvenile Law & Policy 22(1): 1–36 (Winter 2018).www.uaa.alaska.edu/justice/forum

Study Examines Sexual Assault Survivor Experiences

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