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SEXUAL OFFENSES, CONSENT AND SENTENCING

NCJ Number
63175
Author(s)
R WALMSLEY; K WHITE
Date Published
1979
Length
83 pages
Annotation
THE PURPOSE OF THIS STUDY, BASED ON A SAMPLE OF PERSONS CONVICTED FOR SEXUAL OFFENSES IN ENGLAND AND WALES IN 1973, WAS TO CONTRIBUTE TO KNOWLEDGE ABOUT SEXUAL OFFENSES AND TO THE WORK OF TWO LAW REVIEW COMMITTEES.
Abstract
RESEARCH DOCUMENTS INCLUDED PROSECUTION AND CAUTIONING FORMS SUBMITTED TO THE HOME OFFICE FOR STATISTICAL PURPOSES, CRIME REPORTS IN ENGLAND AND IN WALES RELATING TO OFFENSES PROSECUTED AND LEADING TO CONVICTION, THE PUBLISHED CRIMINAL STATISTICS AND SUPPLEMENTARY STATISTICS, CRIME REPORTS RELATING TO UNPROSECUTED OFFENSES, PROSECUTION FILES SUPPLIED BY SOME POLICE FORCES, AND SOCIAL ENQUIRY REPORTS ON PERSONS CONVICTED OF INCEST. THE STUDY FOUND THAT MORE THAN HALF OF THOSE CONVICTED OF AN INDICTABLE SEXUAL OFFENSE WITH A PERSON OVER THE AGE OF CRIMINAL RESPONSIBILITY WERE INVOLVED IN CONSENSUAL BEHAVIOR. SECOND, REGARDING UNDERAGE CONSENT, APPEARED TO BE A DISTINCTION BETWEEN THE STATUTE LAW (AS REFLECTED IN MAXIMUM PENALTIES) AND THE SENTENCING PRACTICE OF THE COURTS. THIRD, EACH MAIN SEXUAL OFFENSE COULD BE SEEN AS A GROUP OF SEVERAL VARIETIES OF OFFENSES, SUCH AS RAPE, WHICH INCLUDED OFFENSES BY ADULTS AND JUVENILES. FINALLY, THE AMENDMENT OF THE SEXUAL OFFENSES ACT OF 1967 MAY HAVE BEEN AN IMPORTANT FACTOR IN CONTRIBUTING TO A RISE IN STATISTICS FOR INDECENCY BETWEEN MALES. IN ADDITION, THERE ARE DIFFERENCES IN BOTH PROSECUTION PRACTICE AND LAW TREATMENT FOR HOMOSEXUAL AND HETEROSEXUAL OFFENSES. APPENDIXES INCLUDE ACCOUNTS OF TRENDS IN SEXUAL OFFENSES SINCE 1946; AGES OF OFFENDERS AND VICTIMS; SERIOUSNESS OF SEXUAL OFFENSES ACCORDING TO CUSTODIAL RATES; RELATIONSHIPS BETWEEN OFFENDER AND VICTIM; AND PREVIOUS CONVICTIONS OF OFFENDERS. LISTS OF REFERENCES AND PUBLICATIONS ARE PROVIDED. TABLES ILLUSTRATE THE TEXT. (AOP)

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