000 02920nab a22003497a 4500
999 _c8778
_d8778
005 20250625151705.0
008 240716s2023 -n|| |||| 00| 0 eng d
040 _aAFVC
100 _aBurgstedt, Corinna
_913156
245 _aDoes gender affect judges’ perceptions of sexual assault cases?
_cCorinna Burgstedt, Amy Beeby, Harlene Hayne, Linda Hobbs, Julien Gross and Tess Patterson
260 _bSage,
_c2023
500 _aJournal of Interpersonal Violence, 2024, 38(1-2), 466-508.
520 _aThere is growing recognition that females engage in harmful sexual behaviour that is similar in severity and type to males. Existing research, however, suggests that there is a bias towards leniency in judicial systems for female sexual offenders (FSOs) in comparison to male sexual offenders (MSOs). Specifically, FSOs receive shorter sentences than do MSOs and are less likely to be sentenced to prison. The majority of research examining disparity in sentence outcomes for FSOs have been analysed through a quantitative lens. Qualitative methodology is also needed to understand any subjective differences in the way that judges perceive case-relevant factors and whether these perceptions differ as a function of the offender’s gender. The present study is a qualitative study that examined judges’ perceptions and descriptions of FSO compared to MSO in 10 matched cases of sexual offending. The study found that although there were many similarities in how judges perceived FSO compared to MSO, there were also unique differences that could explain more lenient sentences for FSOs (i.e. the vulnerability, poor mental health and adverse backgrounds of FSOs). Other unique differences found were that judges’ perception of FSOs behaviour was described as depraved and cruel, whereas MSOs similar behaviour was not described in such an emotive way. The present study provides additional insight into the reasons for a bias towards leniency for FSOs. In particular, it points towards judicial focus on particular personal circumstances that are seen as relevant in sentencing FSOs but not for MSOs. (Authors' abstract). Record #8778
650 _aABUSIVE WOMEN
_927
650 _aCRIMINAL JUSTICE
_9167
650 4 _9269
_aGENDER
650 0 _98151
_aLEGAL PROFESSION
650 _aSENTENCING
_94166
650 _aSEX OFFENDERS
_9528
650 _aSEXUAL VIOLENCE
_9531
650 _aWOMEN
_9645
651 _aNEW ZEALAND
_92588
700 _aBeeby, Amy
_910518
700 _aHayne, Harlene
_91320
700 _aHobbs, Linda
_910519
700 _aGross, Julien
_910520
700 _aPatterson, Tess
_96597
773 0 _tJournal of Interpersonal Violence, 2024, 38(1-2), 466-508.
830 _aJournal of Interpersonal Violence
_94621
856 _uhttps://doi.org/10.1177/08862605221085034
_zDOI: 10.1177/08862605221085034 (Open access)
942 _2ddc
_cARTICLE
_hnews128