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.

Judicial sentencing considerations in cases of violent offenders versus sexual offenders

“…Future research is required to explore the nuances in Australian sentencing practices according to different types of sexual offences and public opinion about them, for example, in cases of child sex offenders versus stranger rapists (cf. Amirault & Beauregard, 2014).…”

“…The extant studies have all explored aggravating and mitigating factors using either mixed criminal samples (van Wingerden et al, 2016;Welsh & Ogloff, 2008) or specific samples of either violent offenders (Davidson & Rosky, 2015;Simon, 1996) or sexual offenders (Amirault & Beauregard, 2014;Deering & Mellor, 2009;McCormick et al, 1998;Patrick & Marsh, 2011). No previous study could be located whereby the aggravating and mitigating factors in the cases of violent offenders were directly compared with the factors in the cases of sexual offenders.…”

“…Likewise, McCormick et al (1998) found that instrumentality of force and offendervictim relationship were the sole predictors of sentence length in that stranger rapists used greater force, caused more physical injury to their victims and received longer sentences. Further, Amirault and Beauregard (2014) observed that offence-related characteristics (e.g. victim is a stranger, used a weapon) were generally more predictive of sentence severity in cases of sexual offenders that had targeted adults, whereas offenderrelated characteristics (e.g.…”

Communicating the Risk of Violent and Offending Behavior: Review and Introduction to this Special Issue

“…The influence of psychiatric symptoms on perceived risk might be related to their salience and the affective response they elicit (e.g., Slovic & Peters, ). Offenders' remorse for their offense, another characteristic that can elicit an emotional response, may be thought to mitigate risk (e.g., Amirault & Beauregard, ; Connor‐Smith, Henning, Moore, & Holdford, ) and its absence can increase perceived risk (e.g., Gonsalves, Walsh, & Scalora, ), despite research indicating an equivocal relation to recidivism (e.g., Mann, Hanson, & Thornton, ).…”

Examining the Correlates of Sex Offender Residence Restriction Violation Rates

“…For instance, individuals convicted of sex offenses tend to be older and less racially heterogeneous (Amirault and Beauregard, 2014;Greenfield, 1997;Fazel, Hope, O'Donnell and Jacoby, 2002;Pennsylvania Commission on Sentencing, n.d.), have different profiles of social capital resources (e.g., educational attainment and marital status) (Greenfield, 1997;Fazel et al, 2002), and less extensive criminal histories (Hilinski-Rosick, Freiburger, and Verheek, 2014; Pennsylvania Commission on Sentencing, n.d.). To this extent, we sought to incorporate measures which captured variation in demographic characteristics (age, sex, and race), social capital resources (marital status and educational attainment), and criminal history (prior convictions and commitments).…”