NCJ Number
58041
Journal
ABSTRACTS ON CRIMINOLOGY AND PENOLOGY Volume: 19 Issue: 2 Dated: (MARCH/APRIL 1979) Pages: 115-124
Date Published
1979
Length
10 pages
Annotation
INSOFAR AS SENTENCES FOR RAPE ARE BASED PRIMARILY ON DETERRENCE, SHORTER SENTENCES WOULD SEEM TO BE MORE EFFECTIVE THAN LONGER SENTENCES, ESPECIALLY IF SHORTER SENTENCES INCREASE THE LIKELIHOOD OF CONVICTION.
Abstract
A LITERATURE REVIEW INDICATES THAT SHORTER SENTENCES ARE JUST AS EFFECTIVE AS LINGER SENTENCES IN DETERRING RAPISTS. A STUDY BY THE STATE OF PENNSYLVANIA FOUND THAT THE IMPOSITION OF A MANDATORY 15-YEAR PRISON SENTENCE FOR RAPE INVOLVING BODILY HARM DID NOT RESULT IN A REDUCTION OF OFFENSES. IN FACT, SOME STUDIES HAVE FOUND HIGHER CRIME RATES WHERE PENALTIES ARE MORE SEVERE. STUDIES IN ENGLAND AND SWEDEN' COUNTRIES WHICH IMPOSE SHORT-TERM OR ALTERNATIVE SENTENCES ON RAPISTS, INDICATE THAT BETWEEN 80 AND 90 PERCENT OF RAPE OFFENDERS DO NOT COMMIT FURTHER RAPES. IMPOSITION OF LONG TERM PRISON TERMS MEANT TO INCAPACITATE 10 TO 20 PERCENT OF OFFENDERS IS HEAVYHANDED AND UNECONOMICAL. A CAMBRIDGE, ENGLAND, STUDY FOUND THAT RECIDIVISM RATES WERE LOWER FOR OFFENDERS WHO RECEIVED FINES (11.9 PERCENT) OR WERE DISCHARGED (13.0 PERCENT) THAN FOR THOSE SENTENCED TO PENAL INSTITUTIONS (22.1 PERCENT) OR PUT ON PROBATION (19.4 PERCENT). AN ISREAELI STUDY FOUND A RECIDIVISM RATE OF 10 PERCENT AMONG SEXUAL OFFENDERS WHO WERE GIVEN SUSPENDED SENTENCES. ALTHOUGH REHABILITATION IS A CONCEPT TO BE TREATED WARILY, IT SEEMS LIKELY THAT BEHAVIOR CHANGE IS MORE LIKELY OUTSIDE OF A PRISON THAN INSIDE A PRISON. A MORE PROMISING APPROACH TO THE PUNISHMENT OF RAPE IS A PENAL CODE WHICH FOCUSES ON THE DEGREE OF ASSAULT AND BODILY HARM, SUCH AS THE AMERICAN LAW INSTITUTE'S MODEL PENAL CODE OF THE MICHIGAN STATUTE OF 1974. THIS CONSIDERATION OF DEGREES OF SERIOUSNESS IS MORE IN KEEPING WITH THE CHANGING STATUS OF WOMEN AND CONTEMPORARY MORES. EXTENSIVE NOTES AND REFERENCES ARE APPENDED. (GLR)