Examining race and sexual assault kit submission: a test of Black's Behavior of law theory

Following a sexual assault, victims are advised to have a medical forensic exam and undergo a sexual assault kit (SAK) collection. The SAK is then held in police storage until it undergoes testing at a crime lab. Unfortunately, tens of thousands of SAKs in the United States remain untested. This thesis examines SAK submission by organizational decision makers in sexual assault case processing. Guided by Black's theory of law, this paper seeks to examine if white and minority victims systematically experience differential access to justice in terms of getting their respective SAKs submitted. Using data from a 1982-2012 Sexual Assault Kit Backlog Study in Los Angeles, California, the current study explores the relationship between race and SAK submission, legal (eg., case specific) and extralegal (eg., victim characteristics) variables across 1,826 backlogged SAKs and 339 non-backlogged SAKs. Results from the logistic regression analysis indicate that victims of nonstranger sexual assault are more likely to experience backlog of their SAK while victim race does not appear to affect SAK submission. Implications for theory, research and criminal justice practice are discussed.