The Effect of Case Severity on Sentence Length in Cases of Child Sexual Assault in Canada

ABSTRACT

Surprisingly, little research exists on the determination of sentence length in cases of child sexual assault. This is striking given the profound short-term and long-term consequences this crime can have on victims and their families. Previous research shows that severity of the offense commonly accounts for much of the variability in sentences in this context. A critical point, however, is that the definition of offense severity varies widely and is often confounded with the age of the complainant. The current archival study, through the examination of 1,783 judicial sentencing decisions, evaluated the effects of key variables on length of sentence in cases of child sexual assault in Canada. Length of sentence increased as intrusiveness of the offense increased, as frequency increased, and as age decreased for children who experienced the most intrusive forms of abuse. In addition, offenders who pleaded guilty received shorter sentences than offenders who pleaded not guilty.