Sexual Motives and Sentencing

Abstract

The motives ascribed to offenders in the sentencing of sexual abuse crimes can be highly contentious. Some critics claim that sexual assaults are acts of power and violence and that reference to sexual motives minimizes violence and the seriousness of the offense. The present study examines 74 Canadian judicial sentencing decisions (1993-1997) involving offenders who had sexually abused children and adolescents. Using discursive social psychology, the authors analyze judicial explanations for the offenses, and their implications for mitigation and aggravation. Violent attributions were rare. Sex-based explanations predominated, variously invoking the selfish gratification of offenders’ sexual desires, sexual impulses, pedophilia, and offenders’ attraction to victims. However, in contrast to critics’ claims, these explanations are used by judges to emphasize the seriousness of these crimes. The findings highlight the importance of analyzing discourse in relation to action sequences rather than in isolation. The authors discuss the implications for the study of sexual assault and legal discourse.