Gender disparities in sentencing outcomes for sexual offenders

Beeby, Amy; Hobbs, Linda; Gross, Julien; Hayne, Harlene; Patterson, Tess

doi:10.1080/13552600.2020.1784476

Cited by 11 publications

(17 citation statements)

References 65 publications

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“…Moreover, in terms of sentencing outcomes, researchers in the UK and USA have found that FSOs are less likely to be sentenced to prison (Blackwell et al, 2008;Rodriguez et al, 2006;Sandler & Freeman, 2011;Shields & Cochran, 2020) than are MSOs, and that FSOs receive shorter sentences than do their male counterparts (Blackwell et al, 2008;Shields & Cochran, 2020;Weinsheimer et al, 2017). Consistent with these findings, there is evidence that in New Zealand, FSOs are also less likely to receive a prison sentence (Beeby et al, 2020) and when they do receive a prison sentence, the sentence is shorter than that for MSOs (Patterson et al, 2019).…”

Section: Introductionmentioning

confidence: 90%

“…Journal of Research demonstrating this disparity in sentencing outcomes for FSOs compared to MSOs have led to concerns that there is an underlying gender bias in favour of FSOs (see e.g. Beeby et al, 2020;Damiris et al, 2021;Deering & Mellor, 2009;Faller, 1995;Henning, 1995;Sandler & Freeman, 2011;Shields & Cochran, 2020;Weinsheimer et al, 2017). The mechanisms underlying any such bias are not well understood.…”

Section: Np468mentioning

confidence: 99%

“…Similarly, in the Beeby et al (2020) study, case-relevant factors were matched for FSO to MSO cases on a number of important variables; the type of sexual offending, the characteristics of the offending, victim factors, and the severity of the offence. They also matched on potential aggravating factors (e.g.…”

Section: Np471mentioning

confidence: 99%

“…Specifically, there may be systematic differences between FSOs and MSOs in case-relevant factors that may explain the longer or harsher sentences for MSOs compared to FSOs. In only three studies to date have researchers examined sentencing outcomes for FSOs compared to MSOs while also controlling for mitigating or aggravating factors that are likely to impact on sentencing outcomes (Beeby et al, 2020;Deering & Mellor, 2009;Shields & Cochran, 2020). Deering and Mellor (2009) examined gender differences in sentencing of FSOs compared MSOs in seven carefully-matched cases in Australia.…”

Section: Np469mentioning

confidence: 99%

See 3 more Smart Citations

Does Gender Affect Judges’ Perceptions of Sexual Assault Cases?

Burgstedt

Beeby

Hayne

et al. 2022

J Interpers Violence

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There 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.

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Section: Introductionmentioning

confidence: 90%

Section: Np468mentioning

confidence: 99%

Section: Np471mentioning

confidence: 99%

Section: Np469mentioning

confidence: 99%

See 2 more Smart Citations

Does Gender Affect Judges’ Perceptions of Sexual Assault Cases?

Burgstedt

Beeby

Hayne

et al. 2022

J Interpers Violence

Self Cite

View full text Add to dashboard Cite

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“…This phenomenon may also extend to sentencing outcomes. Women who have sexually offended tended to receive more lenient sentences than their male counterparts ( 126 ). This suggests a denial of female violence in the court, as well as a reluctance to understand or accept female violence outside of mental illness ( 127 ).…”

Section: Legal Responses To Female Violence and Gender Role Stereotypesmentioning

confidence: 99%

Just Like a Woman: Gender Role Stereotypes in Forensic Psychiatry

Ali

Adshead

2022

Front. Psychiatry

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The relationship between violence, gender and mental health is a complex one which is yet to be fully understood. Gender role stereotypes are social constructs that can powerfully influence and regulate human behaviour, including violence; and so it is likely that they also influence the nexus of violence management and mental health which is at the core of forensic psychiatry. In this article, we examine how gender role stereotypes might influence the practice of forensic psychiatry: specifically, in relation to women as violent offenders, as patients in secure psychiatric care and as clinicians working in forensic settings. We identify areas of development in women’s forensic mental health services, and examine whether patriarchal influences and gender role stereotypes may have inadvertently impacted upon these changes. We also consider whether these changes may maintain pre-existing barriers to treatment for both men and women.

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The Impact of Offence Type and Gender‐Role Attitudes on Sentencing Decisions for Male and Female Offenders

Trist,

Tzani‐Pepelasi,

Ioannou

et al. 2024

Journal Invest Psychology

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Research on sentencing decisions has found female offenders are often sentenced more leniently than male offenders. However, mixed findings have prompted researchers to argue that other factors, such as the offence type and gender‐role attitudes of the decision‐maker, may also play a role. This study is a loose replication of previous research conducted with a Turkish sample, to establish whether gender and gender‐role attitudes can predict sentencing decisions in a UK sample, and if there is an interaction effect of these variables, for three different crimes. Participants included 143 University students and members of the public between the ages of 18–64, who were randomly assigned to either the male or female offender condition. Three vignettes were presented, and participants rated their level of agreement that the offender should be incarcerated and recommended a sentence length. Gender‐role attitudes were also measured using the Sex‐Roles Egalitarianism Scale and on average the sample had strong egalitarian attitudes. Neither gender nor gender‐role attitudes were found to be significant predictors of sentencing decisions, and there was no significant interaction effect. Findings were not consistent with those in the original study which is likely due to the UK endorsing greater gender equality and having more egalitarian attitudes. Limitations associated with the sample and use of vignettes highlight the importance of continued research into gender‐based sentencing, and there are important implications for judicial training to help reduce the influence of personal biases in the courtroom.

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Gender disparities in sentencing outcomes for sexual offenders

Cited by 11 publications

References 65 publications

Does Gender Affect Judges’ Perceptions of Sexual Assault Cases?

Does Gender Affect Judges’ Perceptions of Sexual Assault Cases?

Just Like a Woman: Gender Role Stereotypes in Forensic Psychiatry

The Impact of Offence Type and Gender‐Role Attitudes on Sentencing Decisions for Male and Female Offenders

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