NCJ Number
70973
Date Published
1980
Length
21 pages
Annotation
This British paper argues that questions concerning the sentencing of sex offenders need to be considered in the wider context of current controversies about judicial discretion and penal aims.
Abstract
A trend towards retribution has particularly serious implications for sexual offenders. According to British criminal statistics for 1977 and 1978, the likelihood of male sex offenders being given noncustodial sentences decreases as their age increases. However, even 75 percent of those over 21 years of age are given noncustodial sentences. Some mitigating factors influencing the sentencing of sex offenders, brought out in an analysis of appeals decisions, include offenders' lack of previous convictions, offender's relative youth or old age, slight difference in age between offender and victim, evidence of victim consent, the victim's contribution to the commission of the offense, and (in cases of incest) a victim's history of sexual experience. A previous record of similar offenses and a high likelihood of reconviction, are aggravating influences, as are offender's use of force and choice of a very young or old victim. In addition, an offender acting alone is more likely to receive a lighter sentence than is an offender acting with a group. The absence of studies in Great Britain on the sentencing of sex offenders is noted, and the need for such studies is emphasized. Some of the inconsistencies in sex offender sentencing, which are more likely to be found in magistrates' courts than in the higher courts, are due to obvious conflicts of opinion about penal aims and sentencing effectiveness. However, some of the inconsistency may also be due to individual characteristics of the judge. Tables, footnotes, and approximately 22 references are included. Supplementary tables are appended. (Author abstract modified)