Sexual Activity Between Minors, Prostitution, and Prosecutorial Discretion: What Difference Should Age and Sex Make?

Abstract

This article analyzes the role of gender stereotypes in prosecutorial and judicial decision making through the lens of two cases: Commonwealth v. Bernardo B., 453 Mass. 159 (2008), and United States v. Robinson, Cv. No. 08-10309-MLW (D. Mass. Jan. 20, 2009). The author concludes that 20 years after the "Report of the Gender Bias Study of the Court System of Massachusetts" and 10 years following the release of the "Report of the First Circuit Gender, Race and Ethnic Bias Task Forces" gender stereotypes about the appropriate behavior of girls and women are still in evidence in prosecutorial and judicial decision making.