Sexual offenses against women: Variables involved in judicial decision making

Resumo

Despite the low rate of sexual assault allegations, this crime type is one of the most present in oral trials in Chile, given the seriousness of the legal right contravened. Current evidence supports the fact that extralegal factors and previous cognitive schemes might influence judges' penal decisions in this matter. Having in mind this scenario, the present study aims at identifying the criminological characteristics of sexual crimes against adult women disputed on trial, as well as the relationship between verdict and the variables of the process/victim considered conducive to or indicative of potential bias on part of the court. To accomplish such aim, we proceeded by the exhaust revision of 102 randomly selected criminal sentences of oral trials corresponding to sexual crimes against adult women between 2015 and 2016, analysing the presence and frequency of sexual assault attributes. The relationship between certain extralegal variables and the verdicts was examined by means of the Chi square association statistic and its effect size. Concerning criminological characteristics of sexual crimes, the results show a predominance of aggressions committed in the close physical and relational environment of the victim, and a low presence of genital injuries as a result. Findings also indicate the influence of some variables on sentencing outcomes, such as a prior complainant-offender relationship, as well as "negative" or counter-stereotypical victim characteristics (drug use, prostitution, social vulnerability) notoriously reducing condemnatory verdicts. When committed by strangers, on the other hand, sexual assault was associated with more condemnatory sentences. Implications of these findings are discussed in the context of criminal justice.