Prosecution Rates, Sentencing Practice and Maximum Penalties for Sexual Offences (From Sex Offenders in the Criminal Justice System, P 58-67, 1980, by D J West - See NCJ-70970)

• NCJ Number: 70972
• Author(s): R Walmsley
• Date Published: 1980
• Length: 10 pages
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

This report on sentencing sex offenders in Britain reveals high levels of imprisonment for some offenses and more severe sentences for heterosexual crimes, although the law treats homosexual offenses more severely.

Abstract

Great Britain reports 20-25,000 sex offenses each year, including rape, various consensual and nonconsensual homosexual activity, incest, and consensual sexual relations with girls under 16. Each year, 75 percent of reported sex offenses are cleared up and prosecution is brought in 80 percent of cleared cases. Police caution, rather than prosecute, offenders in some heterosexual crimes; recent legislation has resulted in more prosecution of some kinds of homosexual acts. An analysis of sentencing reveals that although the law treats homosexual offenses more seriously than heterosexual, the courts deal out heavier penalties in heterosexual cases. Again, consensual homosexual offenses in public are dealt with leniently, even though they are indictable. When sexual offenses involve young victims, the most serious penalties can be expected when girls under 12 are involved in heterosexual acts, and boys under 14 are involved in homosexual acts. Finally, courts imprison 90 percent of all convicted rapists and 70 percent of those convicted of incest. Since in most sexual offense cases, most sentences fall far below the maximum allowed for the crime, it is recommended that maximum penalties be dropped to fit current sentencing practices, with allowances made for the worst possible cases. Tables and footnotes are included.