Community perspectives on sentencing sexual offences: An Australian research study

• In Event: Sentencing of Sexual Offences

Abstract

Sexual violence causes significant and ongoing harm in the community, both to individuals and society as a whole. When perpetrators are convicted of sexual offences, sentencing is one legal avenue to address that behaviour. While appropriate sentences are determined by courts based upon legislative guidance, community responses to those sentences can influence the legitimacy of the sentencing process and the broader criminal justice system. In fact, community members are particularly invested in the sentencing of sexual violence offences because of the considerable harm it poses, the prevalence of offending in the community and the abhorrent behaviour involved. As such, community views on sexual violence sentencing provide valuable perspective on the complex and nuanced practice of sentencing.

To better understand community views of sexual assault and rape offence sentencing, the Queensland Sentencing Advisory Council contracted the University of the Sunshine Coast to conduct focus group research. Researchers gathered community views about the importance of sentencing purposes and the seriousness of sexual offences compared with other offences. Focus groups were used to gather community views from across metropolitan, regional and rural areas of Queensland, Australia. Importantly, the research provided a representative view of victim-survivor perspectives, who made up 40% of the overall participant cohort. The community perspectives study found community views on sentencing was highly contextual to the type of offence, offending circumstances, harm caused and culpability factors. Ultimately, the community widely and unreservedly condemned sexual violence, especially against children, and considered the experiences of victim-survivors as central to the sentencing process.

Author

• Dominique Moritz, University of the Sunshine Coast