Journal article
Sentencing outcomes for female and male sexual offenders in Queensland: Advocating for nuanced matching protocols
James Cook University Law Review, Vol.31, pp.113-146
2025
Abstract
Commentators asserting gender bias in sentencing outcomes embark on delicate terrain. This article examines 15 female sexual offender (FSO) cases in the Queensland Court of Appeal between January 2012 and July 2025 and matched them against male sexual offender (MSO) cases in the same jurisdiction, court and timeframe. The rigorous matching protocols applied in this study were more nuanced than those used in the existing literature and included the circumstances of the offence, not merely the listed name of the offence or its classification, in addition to other mitigating and aggravating factors such as the offender's age at the time of the offence and sex, the victim's age at the time of the offence and sex, offender's relationship to the victim, number of victims, cooperation with law enforcement agencies and guilty plea. The instinctive synthesis approach to sentencing does not allocate weight to mitigating and aggravating factors, and by virtue of judicial discretion there is no unique correct penalty in FSO or MSO proceedings. As such, studies asserting gender bias should be received with caution.
Details
- Title
- Sentencing outcomes for female and male sexual offenders in Queensland: Advocating for nuanced matching protocols
- Authors
- Michael Roberts - University of the Sunshine Coast, Queensland, School of Law and SocietyKelley Burton - University of the Sunshine Coast, Queensland, School of Law and Society
- Publication details
- James Cook University Law Review, Vol.31, pp.113-146
- Publisher
- James Cook University, School of Law
- Date published
- 2025
- ISSN
- 1839-2792; 1321-1072
- Organisation Unit
- Centre for Support and Advancement of Learning and Teaching; School of Law and Society
- Language
- English
- Record Identifier
- 991212979802621
- Output Type
- Journal article
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