The Effects of Legal and Extralegal Variables on the Sentences of Sex Offenders

Abstract

A large body of research has examined the relationship between extralegal factors—such as the age, race, and gender of the offender—on sentencing decisions. Some of these studies, especially those examining the sentencing outcomes of sex offenders, have also included an examination of victim characteristics—including age, race, gender, victim-offender relationship, and negative victim characteristics. Overall, the results from these studies are mixed. The current study attempts to further unravel these relationships by examining the impact of legal and extralegal factors, including both victim and offender characteristics, on the decision to sentence sex offenders to prison and the length of their prison term. The findings indicate that no extralegal offender characteristics had an impact on judges’ decisions to sentence an offender to prison, nor did they impact sentence length. Victim age was the only extralegal victim characteristic that impacted the prison decision and there were no extralegal victim characteristics that impacted sentence length.