Sentencing trends for Rape in Victoria

Infographics

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Earlier this month Brock Turner’s lenient sentencing and early release sent shockwaves around the world. The case raised a very important question – is justice unlikely for rape or sexual assault victims?

Turner’s case initially garnered worldwide attention after Turner, who was convicted of sexual assaulting an unconscious woman, was handed down a six-month prison sentence. He was then released on September 2, having served only half of his sentence. People saw his punishment as lenient, with newspaper San Jose Mercury News describing the jail sentence as a “slap on the wrist”.

Turner’s sentence may seem abnormal at first. However, judges in Victoria have issued similar punishments for comparable crimes, especially when it comes to sexual assault.

Data released by the Victorian Sentencing Advisory Council revealed between July 2010 and June 2015 in Victoria only 89.3% of rape offenders were sentenced to prison. Of those, the average stay was between four to five years, with 13.6% of criminals having sentences of less than four years.

As we see a rise in rape offences, the percentage of those who receive imprisonment is, however, increasing. Through 2003 to 2007 only 81% of rapists received a period of imprisonment in Victoria, compared to 89.3% between 2010 and 2015.

Despite the rise in imprisonment, prison sentences have stayed largely the same. Between 2003 and 2007 the most common range of imprisonment length imposed was between four to five years, the same as the average stay for 2010-2015.

Victoria is not alone in its seemingly short sentences. Between 2009 and 2010 in NSW 85.5% of convicted rapists were sentenced to imprisonment, according to data collected by the NSW Bureau of Crime Statistics and Research. Of those, the average sentence was between six and seven years, with a minimum sentence of 19 months.

As prison sentences for rape are not uniform, it is interesting to note the difference in punishment for rape worldwide. Although the maximum sentence for rape in Victoria is 25 years, rape is punishable by death in at least ten countries today: China, Afghanistan, United Arab Emirates, Egypt, Bangladesh, Iran, Saudi Arabia, India, Pakistan and North Korea.

Furthermore, an annual study conducted by the Justice Department shows Turner in fact served more jail time than 97% of rapists in the US.

Here’s why.

Out of every 1000 rapes, only 344 are reported to police. 63 reports lead to arrest, 13 cases get referred to prosecutors and 7 cases will lead to a felony conviction. That leaves only 6 rapists who will spend even a single day in prison.

The new data gathered by RAINN of Justice Department is based on the most recent available Justice Department data, using an average over the previous five years figures. Despite being American data, Donna Chung, a professor of social work at Curtin University, told news.com.au that the statistics are similar to those in Australia.

“One of the ways we compare the two countries is with population surveys asking the same questions. When we do that, we see that rates are pretty similar around rape and sex assault.”

Rape is a serious crime and issue in Victoria, with offences having risen since the start of the decade. In 2010 Victoria Police recorded 1828 offences of rape, increasing to 2044 offences in 2011. In 2013, there were 2144 offences recorded, a 3.7% increase from the previous year.

Data tells a clear picture – the number of rape incidents are rising; however sentences are not increasing. The statistics raise an important question of whether current sentencing practices are adequate, and are they reflecting Victoria’s maximum 25-year penalty for rape?