An analysis of sentencing in rape cases: Does victim typicality play a role

This study analyzes the impact of victim-related characteristics, including “ideal victimhood,” as well as defendant and case-related factors on judgments of guilt and sentencing in rape cases. Using a database of 637 court rulings, logistic regression and multiple regression analyses were conducted. The findings indicate that when the victim's testimony is deemed inadmissible as evidence, the likelihood of a guilty verdict decreases as the time gap between the incident date and the first trial ruling increases. Additionally, cases where the defendant’s personal information is disclosed show an increased likelihood of a guilty verdict. In terms of sentencing, when the defendant has a close relationship with the victim, the sentence tends to be reduced, whereas in cases involving a defendant with prior criminal records, the sentence tends to increase as the time gap between the incident and the ruling widens. These results suggest that perceptions of victimhood may influence decisions on guilt and sentencing, highlighting the importance of the victim's initial response and credibility assessment in rape cases.

Authors

Publication Details

Journal
Korean Association of Criminal Psychology
Published
2024-12-31
DOI
https://doi.org/10.25277/kcpr.2024.20.4.293
Citations
1
Primary Topic
Sexual Assault and Victimization Studies
Type
article
Field-Weighted Citation Impact
0.93
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article

An analysis of sentencing in rape cases: Does victim typicality play a role

Jungwon Lee, Sang Woo Han
1 citations
Korean Association of Criminal Psychology
Sexual Assault and Victimization Studies
0.93
article

An analysis of sentencing in rape cases: Does victim typicality play a role

Jungwon Lee, Sang Woo Han
article en
1 citations

Abstract

This study analyzes the impact of victim-related characteristics, including “ideal victimhood,” as well as defendant and case-related factors on judgments of guilt and sentencing in rape cases. Using a database of 637 court rulings, logistic regression and multiple regression analyses were conducted. The findings indicate that when the victim's testimony is deemed inadmissible as evidence, the likelihood of a guilty verdict decreases as the time gap between the incident date and the first trial ruling increases. Additionally, cases where the defendant’s personal information is disclosed show an increased likelihood of a guilty verdict. In terms of sentencing, when the defendant has a close relationship with the victim, the sentence tends to be reduced, whereas in cases involving a defendant with prior criminal records, the sentence tends to increase as the time gap between the incident and the ruling widens. These results suggest that perceptions of victimhood may influence decisions on guilt and sentencing, highlighting the importance of the victim's initial response and credibility assessment in rape cases.

Korean Association of Criminal PsychologyVol. 20(4)
Openalex Percentile: Top 18%
Sexual Assault and Victimization Studies
0.93
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An analysis of sentencing in rape cases: Does victim typicality play a role — Jungwon Lee, Sang Woo Han · Korean Association of Criminal Psychology (2024) | TGRS Research Map | TGRS