NCJ Number
106613
Journal
International Journal of the Sociology of the Law Volume: 15 Issue: 2 Dated: (May 1987) Pages: 121-148
Date Published
1987
Length
28 pages
Annotation
This article examines aggravating and mitigating factors in 63 Court of Appeals cases involving father-daughter incest in England between 1970-1980 and discusses manifestations of patriarchal power in judicial decisionmaking.
Abstract
All but one of the appellants were male, and 87 percent had pleaded guilty. An examination of aggravating factors indicates that, except in the most flagrant cases, the court took no cognizance of violence and generally added nothing to the sentence for it. The court readily accepted in mitigation victim behavior that was said to be promiscuous and seductive and therefore constituted provocation. Where a daughter was a nonvirgin, the court all but held her responsible. The judicial attitude was to exonerate the father. An examination of the presence of domestic stress indicates that where this involved a breakdown in marital sexual relations, it resulted in a reduced sentence in 80 percent of cases. Wives often blamed themselves and acted as a powerful excuse for the offender's behavior. Finally, more often than not, the court maintained that the husband's early release was in the best interests of the family. 22 notes and 63 references.