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Sentencing Rape


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An original comparative work looking at the sentencing practice for rape in six important common wealth jurisdictions, England and Wales, Scotland, Northern Ireland, the Republic of Ireland, Victoria in Australia and New Zealand.

Table of Contents

1. Sentencing Rape: An Introduction to the Study 2. The Seriousness of Rape and the Victim's Role in Sentencing 3. Technology-Facilitated Sexual Violence and Image-Based Sexual Abuse: The Filming of Rape and Sexual Assault 4. From Guidance to Guidelines: Rape Sentencing in England and Wales 5. A 'Radically Different' Approach: Rape Sentencing in Scotland 6. Proportionality and Individualised Justice: Rape Sentencing in the Republic of Ireland 7. 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm': Rape Sentencing in New Zealand and South Africa 8. Principled Discretion in Rape Sentencing

About the Author

Graeme Brown is a solicitor and Assistant Professor in Criminal Law at Durham Law School, Durham University. He was formerly a professional support lawyer to the Court of Criminal Appeal in Edinburgh, and an Honorary Fellow in Law at the University of Edinburgh.


Sentencing Rape: A Comparative Analysis is a scholarly work, incorporating a very extensive review of comparative case law and academic commentary. It comprises an immensely valuable analysis of the different ways in which guidance has been deployed to sentencing judges in rape cases in the jurisdictions surveyed, and the author's comparative analysis of the differing sentencing policy positions in those jurisdictions is erudite and impressive. The author's writing style is clear and easily accessible, and without hesitation, I commend this work to anyone interested in sentencing law and policy generally, and specifically with respect to rape offences -- Mr Justice John Edwards, Senior Ordinary Judge, Court of Appeal (Republic of Ireland) * Irish Judicial Studies Journal *

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