FACTORS AFFECTING SENTENCING DECISIONS IN RAPE CASES

• NCJ Number: 42958
• Author(s): J E NEWTON
• Date Published: 1976
• Length: 38 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia

Annotation

THIS PAPER EXAMINES SOME OF THE MORE RECENT PRINCIPLES ENUNCIATED BY AUSTRALIAN COURTS IN ARRIVING AT SENTENCING DECISIONS IN RAPE CASES.

Abstract

A TABULAR GUIDE TO RAPE SENTENCING, WHICH CONSIDERS THE AMOUNT OF VIOLENCE, VICTIM'S COOPERATION, MEETING CIRCUMSTANCES, AND THE OFFENDER'S CRIMINAL HISTORY IS CONSTRUCTED. CASES ILLUSTRATING THE GENERAL APPROACH OF THE COURTS, AND MORE SPECIFIC APPROACHES WITH REGARD TO GANG RAPE, VIOLENCE, 'PROVOCATIVE' OR 'FOOLISH' BEHAVIOR BY THE VICTIM, DRUNKENNESS, SEXUAL DEVIATION, AND AGE OF THE VICTIM ARE DISCUSSED. THE AUTHOR CONCLUDES THAT THE SENTENCING DECISION STUDIED DEMONSTRATE AN EMPHASIS ON DETERRENCE AS THE PRIMARY CONSIDERATION IN SENTENCING RAPISTS....EB