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

Abstract

The aggravating and mitigating circumstances that contribute to increased, or decreased, sentence severity for sex offenders have largely been unexplored. Although previous studies have evaluated offending groups who have targeted adult-only, or children-only victims, the current study compares the sentencing outcomes of both offending groups. Using a sample of 519 federally sentenced sex offenders in the province of Quebec the current study explores the extent to which the Canadian criminal justice system penalizes offender- and offense-based characteristics. The results indicate that offense-based characteristics increased sentence severity for offenders who victimized adults and offender-based characteristics influenced sentence severity for offenders who victimized children. Findings are discussed within the context of previous studies to empirically explore sex offender sentencing and compare differences that aggravating and mitigating circumstances have on sentence outcomes.

Sentencing Females Convicted of Sex Offenses: Examining Measures of Perceived Dangerousness and the Decision to Incarcerate

“…Moreover, acquaintances had a greater chance of incarceration than those who identified as teachers. These findings, however, are different from previous research that has found individuals who victimized non-relatives were perceived to be more dangerous and often experienced more severe sentences than those who targeted relatives and/or their own children (Amirault & Beauregard, 2014;Berliner et al, 1995;McCormick et al, 1998;Patrick & Marsh, 2011).…”

“…Surprisingly, we found those who used force during the abuse were no more likely to be incarcerated than those who did not use force. Previous research has found that enhanced perceptions of individuals' level of dangerousness were connected to the force used in the offense (Amirault & Beauregard, 2014;Patrick & Marsh, 2011). The lack of a significant relationship between force and incarceration in this variable could be a result of omitted cases.…”

Sentencing Females Convicted of Sex Offenses: Examining Measures of Perceived Dangerousness and the Decision to Incarcerate

“…Moreover, acquaintances had a greater chance of incarceration than those who identified as teachers. These findings, however, are different from previous research that has found individuals who victimized non-relatives were perceived to be more dangerous and often experienced more severe sentences than those who targeted relatives and/or their own children (Amirault & Beauregard, 2014;Berliner et al, 1995;McCormick et al, 1998;Patrick & Marsh, 2011).…”

“…Surprisingly, we found those who used force during the abuse were no more likely to be incarcerated than those who did not use force. Previous research has found that enhanced perceptions of individuals' level of dangerousness were connected to the force used in the offense (Amirault & Beauregard, 2014;Patrick & Marsh, 2011). The lack of a significant relationship between force and incarceration in this variable could be a result of omitted cases.…”

Contextual Influences on the Sentencing of Individuals Convicted of Sexual Crimes

“… 3. The use of this variable is consistent with previous sentencing literature (Amirault & Beauregard, 2014; Hilinski-Rosick, Freiburger, & Verheek, 2014; Rydberg, Cassidy, & Socia, 2018) and with the legal definitions used in the state of Pennsylvania. This measure was calculated from several indicators in the Pennsylvania Commission on Sentencing (PCS), including offense labels, application of specific mandatory minimums, and the victim age variable.…”

Analysing the impact of being a sole or primary carer for dependent relatives on the sentencing of women in the Crown Court, England and Wales

“…When compared to age, remorse and illness, cases with a caring mitigation have stronger odds of receiving a non-custodial sentence. An important aggravating factor is previous convictions, said to be ‘one of the most important aggravating factors in the sentencing of any offender’ (Amirault and Beauregard, 2014: 79). Its influence is still less than caring mitigation in relation to sentencing severity, with an odds ratio of 1.93.…”

Sentencing Females Convicted of Sex Offenses: Examining Measures of Perceived Dangerousness and the Decision to Incarcerate

“…Moreover, acquaintances had a greater chance of incarceration than those who identified as teachers. These findings, however, are different from previous research that has found individuals who victimized non-relatives were perceived to be more dangerous and often experienced more severe sentences than those who targeted relatives and/or their own children (Amirault & Beauregard, 2014;Berliner et al, 1995;McCormick et al, 1998;Patrick & Marsh, 2011).…”

“…Surprisingly, we found those who used force during the abuse were no more likely to be incarcerated than those who did not use force. Previous research has found that enhanced perceptions of individuals' level of dangerousness were connected to the force used in the offense (Amirault & Beauregard, 2014;Patrick & Marsh, 2011). The lack of a significant relationship between force and incarceration in this variable could be a result of omitted cases.…”

Contextual Influences on the Sentencing of Individuals Convicted of Sexual Crimes

“… 3. The use of this variable is consistent with previous sentencing literature (Amirault & Beauregard, 2014; Hilinski-Rosick, Freiburger, & Verheek, 2014; Rydberg, Cassidy, & Socia, 2018) and with the legal definitions used in the state of Pennsylvania. This measure was calculated from several indicators in the Pennsylvania Commission on Sentencing (PCS), including offense labels, application of specific mandatory minimums, and the victim age variable.…”

Analysing the impact of being a sole or primary carer for dependent relatives on the sentencing of women in the Crown Court, England and Wales

“…When compared to age, remorse and illness, cases with a caring mitigation have stronger odds of receiving a non-custodial sentence. An important aggravating factor is previous convictions, said to be ‘one of the most important aggravating factors in the sentencing of any offender’ (Amirault and Beauregard, 2014: 79). Its influence is still less than caring mitigation in relation to sentencing severity, with an odds ratio of 1.93.…”

Sentencing Females Convicted of Sex Offenses: Examining Measures of Perceived Dangerousness and the Decision to Incarcerate

“…Moreover, acquaintances had a greater chance of incarceration than those who identified as teachers. These findings, however, are different from previous research that has found individuals who victimized non-relatives were perceived to be more dangerous and often experienced more severe sentences than those who targeted relatives and/or their own children (Amirault & Beauregard, 2014;Berliner et al, 1995;McCormick et al, 1998;Patrick & Marsh, 2011).…”

“…Surprisingly, we found those who used force during the abuse were no more likely to be incarcerated than those who did not use force. Previous research has found that enhanced perceptions of individuals' level of dangerousness were connected to the force used in the offense (Amirault & Beauregard, 2014;Patrick & Marsh, 2011). The lack of a significant relationship between force and incarceration in this variable could be a result of omitted cases.…”

Contextual Influences on the Sentencing of Individuals Convicted of Sexual Crimes

“… 3. The use of this variable is consistent with previous sentencing literature (Amirault & Beauregard, 2014; Hilinski-Rosick, Freiburger, & Verheek, 2014; Rydberg, Cassidy, & Socia, 2018) and with the legal definitions used in the state of Pennsylvania. This measure was calculated from several indicators in the Pennsylvania Commission on Sentencing (PCS), including offense labels, application of specific mandatory minimums, and the victim age variable.…”

Analysing the impact of being a sole or primary carer for dependent relatives on the sentencing of women in the Crown Court, England and Wales

“…When compared to age, remorse and illness, cases with a caring mitigation have stronger odds of receiving a non-custodial sentence. An important aggravating factor is previous convictions, said to be ‘one of the most important aggravating factors in the sentencing of any offender’ (Amirault and Beauregard, 2014: 79). Its influence is still less than caring mitigation in relation to sentencing severity, with an odds ratio of 1.93.…”