Victim/Survivor Views and Experiences of Sentencing for Rape and Other Sexual Offences

• In Event: Overlooked Perspectives and Considerations in the Court Process

Abstract

The sentencing of sexual offences is a controversial and emotive issue with profound implications for victims/survivors. Yet, research has rarely engaged with survivor voices on this aspect of the criminal justice process. We draw upon in-depth interviews with adult survivors whose cases resulted in a conviction and (custodial) sentence in Scotland. While punitive views may be anticipated amongst those who have been raped, and who opted to engage with the criminal justice system, these narratives reveal a more complex picture. Views on sentencing were underpinned by philosophies of deterrence and rehabilitation, and to a lesser extent retribution, alongside a range of aggravating and mitigating factors particular to sexual offending. While achieving a conviction and sentence may be perceived publicly as ‘having won’, these accounts point to a troubled relationship with the sentencing process and the sentence imposed. For some, a custodial sentence provided safety, solace, and space to recover. However, participants also highlighted their lack of ‘voice’ and marginalisation within the sentencing process. We argue that despite their sustained engagement in the criminal justice process and the apparent ‘success’ of their case, survivors who reach sentencing face heightened marginalisation and become superfluous to a process that ‘no longer needs them’.

Authors

• Michele Burman, University of Glasgow

• Oona Brooks-Hay, University of Glasgow / SCCJR

• Jennifer Glinksi, University of Glasgow / SCCJR