Sentencing/Post Conviction

Convicted rapists in Massachusetts received no prison time about 14 percent of the time

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A judge who imposed a six-month jail term on a champion Stanford University swimmer was subjected to criticism and a recall effort for the low sentence. But some judges in Massachusetts have been even more lenient, a newspaper investigation has found.

The Boston Globe examined statistics on 305 rape convictions in the state over a 12-year period, and found that convicted rapists received no prison time about 14 percent of the time.

Among those who escaped prison time were two convicted rapists with records of either repeated criminal convictions or violent convictions, and two rapists with serious criminal records, the newspaper found.

The newspaper looked at data for rape, which is defined as nonconsensual sex through force or the threat of bodily injury. The statistics covered a 12-year period ending in June 2013, the latest year for which statistics were available.

State sentencing guidelines recommend a minimum five-year sentence for rape, but judges don’t have to follow them.

Experts said the most likely reason for the lack of prison time was plea bargaining. Prosecutors might be willing to settle for probation in exchange for a guilty plea in a weak case. Or the victim may ask the judge to spare the rapist any jail time, especially in cases where the victim and perpetrator know each other.

Hat tip to the Marshall Project.

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