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Analysis of Penalties for Federal Rape Cases

NCJ Number
155367
Date Published
1995
Length
19 pages
Annotation
Federal rape cases were analyzed to compare the sentences for cases in which the victim is known to the defendant and those in which the victim is not known to the defendant and compare Federal sentences for cases on Federal territory and sentences in surrounding states.
Abstract
The analysis also focused on the effect of rape sentences on populations living on Federal territory compared to the impact of other Federal offenses in which Federal jurisdiction depends on the offense's being committed on Federal territory. Results revealed that Federal rape cases involving multiple assailants are rare; only five such cases were sentenced during fiscal year 1993. Approximately 15 percent of Federal sexual assault defendants had a prior conviction for sexual misconduct. The sentencing guidelines do not distinguish between defendants known by victims and those unknown by victims. Federal offenders can expect to serve a longer period in prison than can State defendants. The average Federal sentence for rape was higher than the averages for robbery or assault but lower than those for murder. Finally, every comment received to date has indicated that sentence length should be determined by the severity of the attack and the extent of the injury to the victim regardless of whether the assailant was known or unknown to the victim and that no justification exists for increasing Federal sentences for rape and other sex offenses. Tables and footnotes