NCJ Number
66285
Journal
NEW LAW JOURNAL Volume: 128 Dated: (JULY 13, 1978) Pages: 676-678
Date Published
1978
Length
3 pages
Annotation
THIS PAPER FOCUSES ON THE SENTENCING OF SEX OFFENDERS UNDER GREAT BRITAIN'S CRIMINAL LAW IN CASES OF UNLAWFUL SEXUAL INTERCOURSE, INCEST, RAPE, AND HOMOSEXUAL OFFENSES.
Abstract
MOST JUDGES TAKE THE VIEW THAT WHEN THERE IS A VIRTUOUS FRIENDSHIP WHICH ENDS IN UNLAWFUL SEXUAL INTERCOURSE, IT IS INAPPROPRIATE TO PASS SENTENCES OF A PUNITIVE NATURE. HOWEVER, A MAN IN A SUPERVISORY POSITION WHO ABUSES HIS POSITION OF TRUST FOR SEXUAL GRATIFICATION USUALLY IS SENTENCED NEAR THE MAXIMUM ALLOWED BY LAW. THUS, A YOUNG MAN WHO SEDUCES A GIRL UNDER 16 GOES TO DETENTION, WHILE AN OLDER MAN CAN EXPECT TO BE IMPRISONED. THE BIGGER THE AGE DIFFERENTIAL BETWEEN VICTIM AND OFFENDER, THE MORE SERIOUS THE OFFENSE IS VIEWED UNTIL A PLATEAU IS REACHED AT WHICH AGE CEASES TO BE OF ANY SIGNIFICANCE. INCEST USUALLY BRINGS 4 TO 6 YEARS OF IMPRISONMENT, BUT CAN ATTRACT UP TO 10 YEARS. THIS HARSHNESS OF PRISON SENTENCING MAY BE MODERATING. WHEREVER POSSIBLE, A PROBATION ORDER WITH A CONDITION OF RESIDENCE WOULD SEEM A PREFERABLE ALTERNATIVE TO IMPRISONMENT, PROVIDED THE COURT ESTABLISHED THE ABSENCE OF RISK FOR THE VICTIM. NONCUSTODIAL SENTENCING CAN BE EXPECTED IN MOST CASES OF BROTHER-AND-SISTER INCEST. CONSIDERABLE FLEXIBILITY EXISTS IN RAPE SENTENCING. ALTHOUGH AN ORDINARY RAPE USUALLY CARRIES 2 TO 5 YEARS, A VENIAL CASE MIGHT RESULT IN A SMALL FINE OR PROBATION. FACTORS RELEVANT TO RAPE CASES INCLUDE THE RECORD OF SEX OFFENSES AND VIOLENCE, AGE OF VICTIM, VIOLENCE THREATENED AND USED, AND OTHER OFFENSES INVOLVED. IN GRAVE RAPE CASES, SENTENCES FROM 8 TO 15 YEARS ARE USUAL, WHILE ATTEMPTED RAPE DRAWS 7 YEARS. SINCE TREATMENT OF THE RAPIST IS DIFFICULT, IMPRISONMENT IS THE ONLY COURSE USUALLY OPEN TO THE COURT. ALTHOUGH HOMOSEXUAL OFFENSES NORMALLY CARRY A PRISON SENTENCE (USUALLY A SEVERE RETRIBUTIVE, PUNITIVE, AND DETERRENT SENTENCE), GROSS INDECENCY IS DEALT WITH AS A PUBLIC NUISANCE OFFENSE AND THE OFFENDER IS FINED. A BIBLIOGRAPHY IS APPENDED. (MJW)