Bias in Sentencing Men for Sexual Offenses Against Minors: Male Victims Bring More Punitive Sentences Than Female Victims

Abstract

Prior theoretical and empirical research examining the influence of sex on sentencing has been primarily concerned with the sex of the offender, as opposed to the victim. The present study drew on a convenience sample of males (n = 1190) in state and federal correctional facilities across the country, examining minimum sentences in relation to crime type. The analysis focused on individuals convicted of contact or enticement sexual offenses against minors (n = 380), finding that adult male offenders were sentenced to longer sentences when involved with male versus female victims. When victims were aged 14–17, male victims yielded a median minimum sentence of 30 years, twice that for female victims (15 years). For younger age groups, the difference narrowed. These findings suggest that prejudicial sentencing is not limited to race/ethnicity but also includes sexual orientation. Future research should continue to examine victim sex in sex offense punishment. Policy implications are discussed.