Sentencing sex crimes against children: an empirical and policy analysis

Abstract

This study investigated factors that contributed to the sentencing outcomes of 387 sex crimes against children who were prosecuted in a large East Coast city. Hypothesized variables that were indexed to predict sentencing included several offense, victim, and perpetrator characteristics. The findings revealed that individual victims' experiences are generally less predictive of sentencing outcomes than perpetrators' characteristics, that sentences generally tend to be lenient, that intra-family and stranger abuse seem to be taken equally seriously, and that the criminal justice system does seem to incarcerate those society is most worried about-persistent predators who abuse several children. The article ends with suggestions for further research and policy development.

The Impact of Aggravating and Mitigating Factors on the Sentence Severity of Sex Offenders

“…The average sentence lengths reported in the current study for offenders who victimized adults are in line with those reported by Walsh (1984) but less than those reported by Kingsnorth et al (1999). For offenders who victimized children the reported sentence length here is similar to the sentence length noted by Levesque (2000) but greater than those reported by Champion (1988). The disparity between the sentence lengths of those who victimized adults and children was smaller than expected but still worth noting.…”

“…The results of the criminal career parameters were somewhat surprising given the emphasis that has been placed on the recidivist sentencing premium (Frase, 2010; Levesque, 2000; Roberts, 1997, 1996, 1994; Simon, 1996; Spohn & Welch, 1987; Welch et al, 1984). In the full-sample model, the only criminal career parameter to increase sentence severity was having at least one prior nonsexual violent charge, whereas prior sexual charges surprisingly did not increase sentence severity.…”

The Impact of Aggravating and Mitigating Factors on the Sentence Severity of Sex Offenders

“…The average sentence lengths reported in the current study for offenders who victimized adults are in line with those reported by Walsh (1984) but less than those reported by Kingsnorth et al (1999). For offenders who victimized children the reported sentence length here is similar to the sentence length noted by Levesque (2000) but greater than those reported by Champion (1988). The disparity between the sentence lengths of those who victimized adults and children was smaller than expected but still worth noting.…”

“…The results of the criminal career parameters were somewhat surprising given the emphasis that has been placed on the recidivist sentencing premium (Frase, 2010; Levesque, 2000; Roberts, 1997, 1996, 1994; Simon, 1996; Spohn & Welch, 1987; Welch et al, 1984). In the full-sample model, the only criminal career parameter to increase sentence severity was having at least one prior nonsexual violent charge, whereas prior sexual charges surprisingly did not increase sentence severity.…”

Risk assessment with female sex offenders: Can women meet the criteria of community protection laws?

“……”

An Analysis of Parole Decision Making Using a Sample of Sex Offenders: A Focal Concerns Perspective

“…Victim age was one of the most prominent factors in the model, with men who assaulted children less than 10 years of age nearly half as likely to be paroled. This finding is consistent with public sentiment, which considers the victimization of young children particularly egregious and has fueled much of the specialized sentencing modules (Levesque, 2000). Institutional misconduct was also a key component in parole decision making.…”

The Impact of Aggravating and Mitigating Factors on the Sentence Severity of Sex Offenders

“…The average sentence lengths reported in the current study for offenders who victimized adults are in line with those reported by Walsh (1984) but less than those reported by Kingsnorth et al (1999). For offenders who victimized children the reported sentence length here is similar to the sentence length noted by Levesque (2000) but greater than those reported by Champion (1988). The disparity between the sentence lengths of those who victimized adults and children was smaller than expected but still worth noting.…”

“…The results of the criminal career parameters were somewhat surprising given the emphasis that has been placed on the recidivist sentencing premium (Frase, 2010; Levesque, 2000; Roberts, 1997, 1996, 1994; Simon, 1996; Spohn & Welch, 1987; Welch et al, 1984). In the full-sample model, the only criminal career parameter to increase sentence severity was having at least one prior nonsexual violent charge, whereas prior sexual charges surprisingly did not increase sentence severity.…”

Risk assessment with female sex offenders: Can women meet the criteria of community protection laws?

“……”

An Analysis of Parole Decision Making Using a Sample of Sex Offenders: A Focal Concerns Perspective

“…Victim age was one of the most prominent factors in the model, with men who assaulted children less than 10 years of age nearly half as likely to be paroled. This finding is consistent with public sentiment, which considers the victimization of young children particularly egregious and has fueled much of the specialized sentencing modules (Levesque, 2000). Institutional misconduct was also a key component in parole decision making.…”

The Impact of Aggravating and Mitigating Factors on the Sentence Severity of Sex Offenders

“…The average sentence lengths reported in the current study for offenders who victimized adults are in line with those reported by Walsh (1984) but less than those reported by Kingsnorth et al (1999). For offenders who victimized children the reported sentence length here is similar to the sentence length noted by Levesque (2000) but greater than those reported by Champion (1988). The disparity between the sentence lengths of those who victimized adults and children was smaller than expected but still worth noting.…”

“…The results of the criminal career parameters were somewhat surprising given the emphasis that has been placed on the recidivist sentencing premium (Frase, 2010; Levesque, 2000; Roberts, 1997, 1996, 1994; Simon, 1996; Spohn & Welch, 1987; Welch et al, 1984). In the full-sample model, the only criminal career parameter to increase sentence severity was having at least one prior nonsexual violent charge, whereas prior sexual charges surprisingly did not increase sentence severity.…”

Risk assessment with female sex offenders: Can women meet the criteria of community protection laws?

“……”

An Analysis of Parole Decision Making Using a Sample of Sex Offenders: A Focal Concerns Perspective

“…Victim age was one of the most prominent factors in the model, with men who assaulted children less than 10 years of age nearly half as likely to be paroled. This finding is consistent with public sentiment, which considers the victimization of young children particularly egregious and has fueled much of the specialized sentencing modules (Levesque, 2000). Institutional misconduct was also a key component in parole decision making.…”