Sentencing and the 'real rape' myth: Exploring judicial rationales in imposing long-term imprisonment in serious sexual offence cases

• In Event: Sentencing in Domestic Abuse and Sex Crimes Cases

Abstract

This paper examines cases where sentences of 15 years to life imprisonment have been imposed by judges for sexual offences committed against adult victims in Ireland from 1985 to 2022 (n=45). A very specific and consistent fact pattern emerged in the analysis. The perpetrators of these crimes were male and the victims were female. The perpetrator was a stranger or a very recent acquaintance of the victim. The offending often occurred in a public place. The cases primarily involved a single incident but multiple offences were committed during this incident. The use of weapons and death threats was frequently evident in these cases. Over two thirds of offenders had a previous criminal history, with prior convictions for sexual offences featuring prominently. Taken as a whole, many of these cases appear to reflect some parallels with a cultural (and prejudicial) belief that rape is often committed by a stranger in a public place causing physical injury. These beliefs are known as ‘rape myths’ and this paper discusses whether these myths play a role in sentence selection.

Author

• Diarmuid Griffin, University of Galway