Rape Mythology and the Criminal Justice System: A Pilot Study of Sexual Assault Sentencing in Victoria

ACSSA Aware, Vol. 23, pp. 13-22, 2009

20 Pages Posted: 12 Jan 2010 Last revised: 19 Jun 2018

See all articles by Jessica Kennedy

Jessica Kennedy

Independent

Patricia L. Easteal

University of Canberra - School of Law and Justice

S. Caroline Taylor

Independent

Date Written: 2009

Abstract

This research was completed for an LLB Honours thesis, which proposed to potentially serve as a pilot for a larger study. By examining sexual assault sentencing and judicial comments from a sample of mostly 2008 judgments in Victoria, this article explores differences in sentencing, focusing on the relationship between the perpetrator and the victim. The state of Victoria was chosen for the research because although Victorian sexual assault law and legal process has had the most progressive reforms, the only way to ensure that these reforms are as effective and progressive as they seem, is to test their implementation with research.Our analysis suggests that although judges are demonstrating a better understanding of the reality of sexual assault in their discussion of mitigating and aggravating variables, this awareness is not translating into sentences.

Keywords: sexual assault, sentencing, Victoria

Suggested Citation

Kennedy, Jessica and Easteal, Patricia L. and Taylor, S. Caroline, Rape Mythology and the Criminal Justice System: A Pilot Study of Sexual Assault Sentencing in Victoria (2009). ACSSA Aware, Vol. 23, pp. 13-22, 2009. Available at SSRN: https://ssrn.com/abstract=1535130

Jessica Kennedy

Independent ( email )

No Address Available

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

S. Caroline Taylor

Independent

No Address Available

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