Public opinion and the sentencing of perpetrators of child sexual abuse

Abstract

The evidence regarding prosecution and sentencing practices for perpetrators of child sexual abuse is unclear and incomplete. Recent research in South East London has found that sentencing only appeared to be consistent in the most extreme cases, the outcome of the majority of indecent assault cases appearing to have no relation to salient offence, offender or victim characteristics. This paper aims to explore the possible impact on judicial decision-making that increased media interest may have had in cases of child sexual abuse. The sample comprised 41 male subjects sentenced over a three year period for indecent assault on children. The summer of 1993 was taken as the mid-point when two cases received an unusual level of media attention and public outcry. It was found that there was a reduction the number of community sentences with a condition of treatment being imposed by the court. This trend was still apparent although less strong, when cases involving allegations of penetrative assault were dropped from the sample. It was concluded that there was tentative support for changes injudicial views towards sexual offenders, but the hypothesis that the judiciary were capitulating under pubic pressure to impose a much greater number of custodial sentences was not supported. The difficulties this poses for preventing recidivism in the longer term is discussed.