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ANALYSIS OF RAPE sentencing in Irish courts shows that the average sentence handed down to perpetrators is 5 – 7 years.
The work was undertaken by Katharina Ó Cathaoir of the Judicial Researchers’ Office and analysed the sentences imposed for rape by Irish courts, as well as the mitigating and aggravating factors noted in recent cases.
It said that since the case of The People (DPP) v WD [2007], the prosecution “has adopted a limited role in sentencing”. The decision in that case needs to be read as a generally accepted approach, said Ó Cathaoir.
The general principles from that case included that rape is an “extremely serious offence” and that the court is “not empowered to engage in retribution or revenge”.
Despite the fact that rape merits a custodial sentence, the principles said that the court “must not deprive itself of the possibility of identifying the exceptional case where a custodial sentence may not be warranted” – but such cases must be “wholly exceptional”.
No surprises
The information was welcomed by the Rape Crisis Network Ireland, with Cliona Saidlear saying that the findings correspond with research they commissioned in 2007.
There aren’t really any surprises. We have been aware the mean sentencing is robust but the problem for us is inconsistency and exceptions. If the public, and survivors in particular are to have faith in the system, it needs to be seen to deliver justice.
She added that the RCNI has never called for mandatory reporting, and that it does appreciate that every case is individual, with unique aspects, and there has to be discretion for the judge there. “We have called for guidelines, not mandatory sentencing,” she added.
Sentences
Three of the cases were described as “exceptional”, where the judges imposed sentences of two years or less. No rape cases had a suspended sentence. Seventeen cases had sentences ranging between three and eight years.
Thus, it would appear that the principle asserted in The People (DPP) v. Tiernan – that a non-custodial sentence for rape is wholly exceptional – remains the law. A sentence of less than three years is highly unusual in the context of rape even where the accused pleaded guilty at an early stage.
The cases that received longer sentences involved up to 12 years imprisonment, for reasons including the victims being children, unusual violence or pre-meditation, or other aggravating factors.
The most severe punishments – 22 cases of 15 years – life imprisonment – were given to perpetrators of gang rapes, schoolteachers, family members, where the victim was very young or a range of other reasons.
Grooming a young victim tends to result in a more substantial sentence in accordance with sentencing norms.
Aggravating factors included abusing a position of trust; gang rape; death threats and implements of violence; attacking the very young, very old or very vulnerable.
Mitigating factors for rape and sexual assault included an early admission of a guilty plea; the young age of an offender; mental illness; previous convictions. However, kissing a man, wearing revealing clothing, taking a lift, accepting an invitation to a flat for refreshments and the conduct of the victim were not mitigation.
An exception in possible mitigation may be where there has been consent to sexual intercourse which is withdrawn during the act, but this has not been accepted in this jurisdiction.
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Disgraceful!!!
20 minimum.
Chili16:
there are few sentences that are lenient and those that were tend to be highlighted in the media. Did you read the research by the Irish Sentencing Information System (ISIS) under the committee of the Court Service yesterday?
It stated: Rapists typically face a sentence of at least nine years in jail and that Ireland deals with sex offenders as least as severely and maybe more so than any other country in Europe.
Disgraceful that the sentences are in general robust and specific to the case or disgraceful that they are too short?
Mark, as a woman I am only giving my opinion, I don’t want to get into a debate about it.
Chili16:
You’re entitled to your opinion but I think it’s hyperbole because you failed to take a look at the research from the Irish Sentencing Information System (ISIS) under the committee of the Court Service yesterday which verified that Ireland deals with sex offenders as least as severely and maybe more so than any other country in Europe. The media mainly highlight the “exceptional” cases and this often fuels urban myths that sentences are “lenient”. I’m in favor of balance and realistic perspective instead of a partisan one.
You’re one to talk, Mark :P
Whilst I accept that the average may be 5-7 years, how much of those sentences are then suspended. The father of Fiona Doyle was sentenced to 12 years, with 9 suspended. Anthony Lyons, sentenced to 6 years with 5.5 suspended. When these “averages” are being calculated my assumption is that they take only the full “sentence” into consideration. Can’t help thinking this slightly skews the data.
Actually, rapists face a typical sentence of at least nine years in jail, new research shows. The findings, published by the Irish Sentencing Information System (ISIS) under the committee of the Court Service yesterday contradict this “5-7 years” stuff.
Anthony Lyons was NOT found guilty of rape.
As far as I can see, and from what I know of rape sentencing, the figures above are the custodial element only. There’s never been a fully suspended sentence for rape that I’m aware of, the lowest I know of is three years custodial.
There’s a major problem here with people focusing excessively on the punishment – “how much did he get” syndrome. A case being brought to trial and a woman’s suffering being vindicated is a victory in itself, but the punishment should aim to be productive in terms of rehabilitation and not more than is needed in the circumstances.
Doing justice for the victims is not the same thing as doing unnecessary harm to the offenders.
Which report are you referring to Mark? The “Recent Rape Sentencing Analysis” doc downloadable from the Irish Sentencing Information System website? If you’re not please can you link to the findings you are citing.
Yes, I know he wasn’t found guily of rape, he was found guilty of sexual assault, I was merely using his sentence as an indication of how a sentence can be handed down and then suspended.
And I am also aware, as it’s made clear in the article, that there has not been a completely suspended sentence. My question was regarding those sentences that were partially suspended.
Also whilst I admit I am only citing two cases here, both Fiona Doyle and the Anthony Lyons victim made it VERY clear that the lenient sentencing completely removed any vindication they felt towards the convictions of their attackers.
Also, the lowest, as cited in the report – “In this handbook, three exceptional cases imposed sentences of two years or less (eighteen months)…….In one the accused pleaded guilty, resulting in the final eighteen months of his three year sentence being suspended.”
My reading of the report (admittedly, scanned as I’m in work) seems to indicate that they DID take the suspended aspect into consideration.
Like I say, it’s not 100% clear from the article, but I’m almost certain from experience that those figures cover the custodial element only.
Certainly, when Prof. Tom O’Malley has done sentencing analysis in the past, he’s removed the non-custodial element, he’s reported as saying that 9 years was an average sentence – I don’t suppose you have a link for that ISIS piece? Still can’t find it myself.
I really think it’s a serious problem that people can’t see anything apart from jail as being punishment, it often does more harm than good. That reparations piece from the NYT I posted below provides an interesting perspective.
This is the only link I could find:
I can’t locate the report that is referenced by Mark Dalt above.
This is the website:
Cheers, link doesn’t seem to be working for me at the mo, must check again later.
There should be mandatory sentences imposed when a person is convicted of rape. Rape victims don’t in main get justice in Ireland. Most cases aren’t reported and even when they are many don’t get to court – many victims cannot go through the process and just give up. Rape victims should IMO be entitled to theri own representation, rather then being just a witness in the State’s case.
Sentencing practice in Ireland allows for an automatic 25% reduction in time served; so a year really only 9 months. If a person is sentenced to 10 years they will serve 7.5 years; no wonder the public are confused by the whole thing
When deciding what level of offence and the sentence to apply, the judge has wide discretionary powers. Mitigating and aggravating factors, eg, pleading guilty, particularly in cases of rape or sexual assault, means that the maximum sentence may not be applied. While previous convictions may not be taken into account in the prosecution of the case, they can and sometimes must be taken into account in sentencing but this is not always the case. We need the guidelines and judges need to abide by them. Of course judges should have discretion but its just toe wide, it needs to be narrowed down.
5 to 7 for rape and 6 years for illegal importing Garlic, yep that makes sense!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Not this again.
a) Begley wasn’t “importing garlic”, he committed a fraud worth €1.6 million on all of us. By way of comparison, a €250k fraud on the social welfare led to a 9 year sentence last year, but I suppose that one’s fine, is it?
b) People talk as if there’s no harm in white collar criminals fleecing the rest of us, as if fraud in business hasn’t brought this country to its knees.
c) There’s no comparison between the offences, comparing apples and oranges … or apples and garlic. Different considerations apply, including the deterrent effect in sentencing a white collar offence, where many tax evaders assume that they can get away scot free.
d) Life sentences are regularly handed down for rape, which shows the gravity of the offence.
e) Begley had the six year sentence overturned on appeal.
Honestly, if you’re wailing over tax evading Begley, you may as well be saying to Seanie Fitz and the rest of them that it’s all grand, keep doing what ye’re doing.
voodoo_criminology – Well said. I’ve never quite “got” how people think his sentence was about garlic. It was quite clearly about conning the State out of a large sum of money.
Between 5-7 years by definition is not an average. It’s a spread.
Any cases iv heard is either a fine of 2-3 yrs
A tiny proportion see jail most get off Scot free
BS Steve. Rape sentences in Ireland are Not too lenient (according to yesterday’s Irish Sentencing Information System (ISIS) research findings): most face sentences of at least nine years in jail.
10% of Irish women and 3% of men have been stated that they have been raped (see p. xxxiii http://www.drcc.ie/about/savi.pdf), but a tiny fraction of cases make it to Court, even fewer to conviction but of those which do the sentences are 5-7 years: is the issue taken seriously in this country?
False harrassment claims, false stalking claims, false rape claims are a real and existing threat from many female lemmings who break-up with their partner or vice-versa.
Under the current system a woman’s rape claim is nearly always believed initially and the Gardai will come for you and put you in jail. A guy in Michigan is suing the state for falsely placing him in jail for a so-called rape claim. The police later discovered that the female accuser had a long history of false rape reporting. However, it was too late for the guy because he had already gotten gay raped in jail on only his 3rd night in there.
Last time I checked Michigan wasn’t in Ireland so how is that relevant to what goes on in this country? Also I assume you have some statistics from cases in this country to prove that false allegations of rape are a “real threat” here too?
V,
Put differently: why do certain feminist interest groups seek to criminalize prostitution? The buyers [mainly men?] would be criminalized as sex offenders. Technically, a man could face ~9 years in prison for what is (in most countries) legal and consensual sex between two people of responsible age.
^^^
Hypothetical question above.
Truth is, we’re already belting along at 90mph into a full blown moral panic on this one. We’re in the realm of the soundbite and generally accepted but totally unsubstantiated truism.
Proper debate is impossible until the moral panic subsides.
Mark Dalt, thanks for the phrase “female lemmings”. Such a painful “what about teh menz” argument.
False claims exist I’m sure, but the extent of violence and threats women get from partners and ex-partners is, quite frankly, huge. It’s no secret, I see it happen on the streets, shelters are full to bursting, my mother who is a social worker tells me all the time the level of violence against women from partners is rising and it was already high to begin with. Plenty of news reports about ex partners killing women and children too, not easy to ignore. Reason I’m not talking about men here is that you exclusively blame women for false claims.
And please “Under the current system a woman’s rape claim is nearly always believed initially” …you obviously have no idea what actually happens in reality. This goes ESPECIALLY for men who I’d imagine would be laughed at for reporting they were raped.
Your comment about prostitution is also very ignorant. Trust me, those organisations are concerned for the women who they believe are being exploited by the sex industry – they care that women are being exploited. Personally I think they’re going about it the wrong way and some have ulterior motives, but it’s amazing to see how you’d think they’re only in it to hurt you.
The phrase “what about teh menz” is a particularly snide little remark used in a calculating fashion to denigrate and render worthless another’s point of view.
Really now, you can do better than that.
I think Mark does a pretty good job rendering his point of view worthless on his own.
I would doubt false claims are common however they do happen and there’s been a number of them in the media recently. We need to be careful about presuming guilt and that’s my problem with a lot of the debate around this. There’s plenty of anecdotes and personal opinions but rather scant fact.
Things are being taken as given around this issue with nothing other than a personal opinion to back them up. We’re awful for this kind of thing in Ireland. They become accepted as true without any kind of proper investigation or research. Take two examples:
1) We are in the midst of a serious crime epidemic
- We aren’t. We have one of the lowest crime rates in the developed word. There are issues and crime will always be with us but we are no where near the level that would require the kind of extrajudicial proceedings that are constantly being shouted for here and on other sites. Crime was much worse in the 80s with terrorism and the fallout from that.
2) Criminals get away scot free
- As this and other research demonstrates, we jail more people for longer. Substances that are decriminalised in much of europe will still land you in jail here.
These are just to examples. Moral panics fed by populist opinion are grabbed on by eager politicians and lead to bad legislation and in many cases make the original problems worse. We went through several of these in the 90s. Remember the panic around video games? Goth subculture? Video nasties? We’re now being led to believe we are in a “rape culture” worse than the third world. If we are, give me facts and I’ll support whatever is needed to deal with it.
What about teh menz is legitimate here, I stand by it, because it sounds like an angry rant against women, not a proper debate on the subject. The arguments he’s making are inaccurate and his tone insulting and offensive (“many female lemmings”, “he had already gotten gay raped” ???).
Rape isn’t taken seriously in this country, it is painfully obvious to survivors that the bare minimum is being done to protect them or support them. The numbers of people who have been raped are very high, it’s a very common crime. By all means false claims should be brought up, but they should be brought up in context of the whole situation and since it is such a sensitive subject, it should be done with careful language – especially when women who speak up are almost always accused of lying, often very vindictively.
“What about teh menz” is on the same intellectual level as “go make me a sammich”. I think it’s out of place on a topic this serious.
It depends. Reading the above article it looks like it is taken seriously, although there will always be those who would like to see longer sentences. However, Saudi Arabia and Iran have the death penalty for rape and outside of a minority of individuals I don’t think many would want Ireland to take it that “seriously”. But there is certainly two separate elements to your comment, the first is proving a crime and the second is punishing it. Rape is, unfortunately, notoriously hard to prove and, again, very few would want to see the principle of ‘innocent until proven guilty’ suspended for even a heinous crime.
As for punishment it’s hard to say – the victim does not have her suffering undone or have her dignity back no matter how long the sentence, and there may truly be no length of time she can feel safe and secure knowing the assailant is locked up. One way might be to allow rape crisis groups have a greater say in sentencing. RCNI agrees that sentencing is ‘robust’ but are concerned about consistency, and it is certainly true that the length of the sentence may be less important in the public’s mind than the firm belief that what ever happens in court, the perpetrator is dragged straight to a cell without exception.
Go make me a sammich is an insult though. Saying he’s making a “what about teh menz” argument is not the same thing, especially when “what about the menz” is a commonly used phrase to describe a particular type of argument made in a particular type of context. It’s not a very delicate phrase, but it sums up perfectly this type of comment and since it is widely used and popular, it makes sense to use it.
If we take the lower bound of this ‘average’ sentence as five years – then it is very confusing as to why in the Fiona Doyle case after ten years of rape her father only received three years – considerably below average for a such a severe case.
5-7 with chemical castration or life,let the victim decide which punishment criminal is given
We’re in the European Union… We cannot allow mob rule or populism to skew the right to a fair trial.
Rape is THE most horrible and damageing crime and in my not-so-humble opinion it’s often worst then murder. Off with their head!!! Either one … or both.
We’re in the European Union… We cannot allow mob rule or populism to skew the right to a fair trial. Also, we voted to abolish capital punishment by our referendum and EU membership.
Ireland has one of the lowest crime levels in western Europe.
Castration is the best thing for them no amount of jail will fix them
Castration won’t stop those who rape because they want power over their victim
Rubbish research. Rapists typically face a sentence of at least nine years in jail, new research shows. The findings, published on a website of the Irish Sentencing Information System (ISIS) under the committee of the Court Service yesterday verified that Ireland deals with sex offenders as least as severely and maybe more so than any other country in Europe.
Do you have a link for that, Mark? Can’t seem to find it myself, but Prof. O’Malley would be the leading expert on this and I’d tend to think he’d be correct, with all due respect to Kathrina Ó’Cathaoir.
http://www.independent.ie/national-news/rape-sentences-here-not-too-lenient-study-finds-3367836.html
Our system of sentencing by its nature leads to inconsistent results – sentence reflects both offence and offender, neither of which are the same from case to case, and can be markedly different within the same category of offence, leading to markedly different results. I think there’s something very dangerous about concentrating exclusively on the exceptional cases rather than the average.
There’s an interesting piece about the use of reparations / compensation in child abuse and pornography cases in the New York Times, not the easiest of reads, but it might be something to consider:
Anyone lays a hand on my kids won’t see the inside of a court room.
What leads up to sentencing is just as important as the sentencing. When a victim comes forward to acknowledge rape has happened. Seldom does our system place affective measures to protect the accuser and the accused from each other. Instead of placing restraining orders on both… The accused cab e permitted to intimidate and harass. Or a person falsely accused can be openly black mailed.
When a rape is reported… A number of actions should fall in place to protect both parties until trial.
Agree 100% with this.
So one life trumps another again. Each person is entitled to their dignity, and when that dignity is stripped from a person in the case of rape, each perpetrator should be dealt with the same severity in relation to sentencing. A person is a person regardless of age, gender etc. and each should be treated with equal dignity.
It can’t be enforced because of the Supreme Court, but in many US states, it’s the death penalty.
have your say