It explores differences in sentencing, focusing on the relationship between the perpetrator and the victim. The analysis suggests that although judges are demonstrating a better understanding of the reality of sexual assault in their discussion of mitigating and aggravating variables, that awareness is not translating into sentences.
That research is significant because although there has been substantial reform to Victorian sexual assault law and legal processes, the only way to ensure the reform is as effective and progressive as claimed is to test implementation through an empirical analysis.
The authors conclude that -
This study provides preliminary support for previous findings that show a relationship between dominant negative stereotypes and sentencing that is a consequence of the process and decision-making behind sentencing that is subject to judicial discretion. This relationship is further compounded by research that suggests judges are subject to influence by rape and sexual assault mythology. This study considered a small sample with preliminary analyses to test if the relationship between the offender and victim appears to affect sentencing. While it is evident that judges have an increased awareness of the severe and enduring effects of rape by a known assailant, they remain reluctant to apply this to sentencing, resulting in sentences that contradict accompanying judicial commentary. As predicted, longer sentences are given where the offender is unknown to the victim and where some level of violence accompanies the rape. While a prior sexual relationship between victim and offender is no longer viewed as a mitigating variable in sentencing, neither is relationship seen to aggravate the crime. Further, while breach of trust appears to be given significant weight when sentencing cases of intrafamilial sexual assault, it is not applied in incidents of partner or ex-partner rape.Note that the author of this blog is a colleague of Dr Easteal and Ms Kennedy.
... While judges may articulate an increased awareness of the effects of various types of sexual assault, and acknowledge aggravating factors such as breach of trust, this awareness is either not translating into sentences or it is being balanced by the emphasis of other mitigating factors.
The Commonwealth has meanwhile released reports regarding the 'National Community Attitudes towards Violence against Women Survey 2009'.
The reports include findings regarding community attitudes towards violence against women, notably
+ perceptions of what constitutes domestic violence, sexual violence and sexual harassment;
+ the relationship between attitudes towards violence against women and attitudes towards gender equality;
+ understanding of the consequences and harms caused by violence;
+ beliefs regarding whether violence against women is justifiable or excusable;
+ myths and beliefs about victims and offenders;
+ and awareness of community education and the impact of campaign advertising.
