Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Sentencing Rape

A Comparative Analysis

By: Graeme Brown
Media of Sentencing Rape
See larger image
Published: 14-05-2020
Format: PDF eBook (?)
Edition: 1st
Extent: 240
ISBN: 9781509917594
Imprint: Hart Publishing
RRP: £67.50
Online price : £54.00
Save £13.50 (20%)

This book is also available in other formats: View formats

Please note that ebooks are subject to tax and the final price may vary depending on your country of residence.

Delivery & Returns

Tell others about this product

Loren Epson

About Sentencing Rape

This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing.

By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences.

This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Table Of Contents

1. Sentencing Rape: An Introduction to the Study
2. The Seriousness of Rape and the Victim's Role in Sentencing
3. Technology-Facilitated Sexual Violence and Image-Based Sexual Abuse: The Filming of Rape and Sexual Assault
4. From Guidance to Guidelines: Rape Sentencing in England and Wales
5. A 'Radically Different' Approach: Rape Sentencing in Scotland
6. Proportionality and Individualised Justice: Rape Sentencing in the Republic of Ireland
7. 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm': Rape Sentencing in New Zealand and South Africa
8. Principled Discretion in Rape Sentencing


Sentencing Rape: A Comparative Analysis is a scholarly work, incorporating a very extensive review of comparative case law and academic commentary. It comprises an immensely valuable analysis of the different ways in which guidance has been deployed to sentencing judges in rape cases in the jurisdictions surveyed, and the author's comparative analysis of the differing sentencing policy positions in those jurisdictions is erudite and impressive. The author's writing style is clear and easily accessible, and without hesitation, I commend this work to anyone interested in sentencing law and policy generally, and specifically with respect to rape offences” –  Mr Justice John Edwards, Senior Ordinary Judge, Court of Appeal (Republic of Ireland), Irish Judicial Studies Journal

“This is an important and timely book … a most important resource for understanding and developing law and practice … a masterly and comprehensive examination of the subject. It ought to be compulsory reading for anyone with any part to play in the [sentencing] process.” –  Sheriff Alastair N Brown, Journal of the Law Society of Scotland

Bookmark and Share