Sentencing Rape: A Comparative Analysis

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This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victims role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law comprising over 250 decisions of the relevant appellate courts the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in non-guideline jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Reviews

Sentencing Rape: A Comparative Analysis is a scholarly work, incorporating a very extensive review of comparative case law and academic commentary. It comprises an immensely valuable analysis of the different ways in which guidance has been deployed to sentencing judges in rape cases in the jurisdictions surveyed, and the authors comparative analysis of the differing sentencing policy positions in those jurisdictions is erudite and impressive. The authors writing style is clear and easily accessible, and without hesitation, I commend this work to anyone interested in sentencing law and policy generally, and specifically with respect to rape offences -- Mr Justice John Edwards, Senior Ordinary Judge, Court of Appeal (Republic of Ireland) * Irish Judicial Studies Journal *
This is an important and timely book a most important resource for understanding and developing law and practice a masterly and comprehensive examination of the subject. It ought to be compulsory reading for anyone with any part to play in the [sentencing] process. -- Sheriff Alastair N Brown * Journal of the Law Society of Scotland *
Sentencing Rape is well written, accessible, and meticulously researched. Brown offers a thorough review of the historical development of sexual assault offences and sentencing practices in each jurisdiction canvassed, highlighting the various aggravating and mitigating factors that have been, and continue to be, relevant to judicial decision making The book is a must-read for anyone interested in sentencing practices generally, especially those interested in sentencing reform with respect to sexual offences. -- Ashley Fulton * Saskatchewan Law Review *
Browns work throughout is as meticulous as it is informative There is much to learn from in this text, even for those who would consider themselves reasonably well versed in the area [T]his commendable text is well worth reading for anyone with a professional or academic interest in the area, indeed, if and when the time does finally come for a guideline judgment on sentencing rape in Scotland, it is to be sincerely hoped that those presiding on the bench have it to hand. -- Eamon P H Keane, University of Glasgow * The Edinburgh Law Review *

Author Bio

Graeme Brown is a solicitor and Senior Lecturer in Criminal Justice at the University of Aberdeen, UK. He was formerly a professional support lawyer to the Court of Criminal Appeal in Edinburgh, and an Honorary Fellow in Law at the University of Edinburgh, UK.