Gender-based judicial ingroup bias in sex crime sentencing: Evidence from Belgium

Abstract

Exploring data on adjudication of sex crimes at a major Belgian court, we study the presence of gender-based judicial ingroup bias in criminal sentencing. Using a difference-in-difference approach and addressing sample selection concerns, we find that defendants who are randomly assigned to a panel featuring a presiding judge of matching gender receive comparatively more severe sentences. The resulting effect is discernible especially when the crime involves a female victim. This suggests that the underlying driver of the negative gender-based ingroup bias is judicial enforcement of a salient ingroup norm, in itself an expression of affinity with one's gender-based ingroup.