Sentencing Rape: A Comparative Analysis

The book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions, examining medical, legal, philosophical, and socio-legal research on technology-facilitated sexual violence and suggesting possible reforms to rape sentencing in 'non-guideline jurisdictions.' It is intended for judges, practising lawyers, researchers, and policy makers in common law jurisdictions worldwide.

Format: Unspecified
Length: 328 pages
Publication date: 30 November 2023
Publisher: Bloomsbury Publishing PLC

This book offers a comprehensive comparative analysis of sentencing practices for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offense, and the victim's role in sentencing. Given the increasing prevalence of perpetrators using mobile and online technologies to film or photograph the commission of sexual offenses, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision-making in sentencing and case law, comprising over 250 decisions of the relevant appellate courts, the book explores and critically analyzes judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509974283