Examining the Implications of Lenient Punishments for Sex Crimes Against Women

Author: Nadia Nasri

August 4, 2026

[Image credit: Katrin Bolovtsova via Pexels]

One of the most long-standing human rights issues is the violence subjected against women and girls (WHO, 2025). It continues to permeate our world, with progress to reduce the incidence of it remaining stagnant, evidenced by the data reports from the World Health Organization between 2000 and 2023. It is estimated that 1 in 3 women globally has endured sexual or partner violence (WHO, 2025). This statistic translates to almost 840 million women. The Centers for Disease Control and Prevention (CDC) estimates that almost half of the women in the United States have experienced some type of sexual violence (2025). Alarmingly, the Rape, Abuse, & Incest National Network (RAINN) reports that someone is sexually assaulted almost every minute in the United States (2025b). It is important to note that these statistics may not reflect the exact frequency given that sexual crimes are severely underreported, as only 1 in 3 report the crime to the police (RAINN, 2025a). 

Victims of sex crimes may choose not to report for various reasons. They may be fearful that the perpetrator may retaliate against them, or they may not want the perpetrator to be punished, especially if it is someone close to them (Keith & Skidmore, 2024). Some may feel it is too personal to report (RAINN, 2025a) or they may feel they are to blame for what happened to them (Keith & Skidmore, 2024). Many feel that their reports will not be taken seriously, or that law enforcement will not do anything (RAINN, 2025a). Unfortunately, the data reflects some of the assumptions that victims may have. According to RAINN (2025b), 98% of the perpetrators of sex crimes never face consequences. Out of 1000 sexual assaults, only 25 of the perpetrators will be jailed (RAINN, 2025b). 

When some perpetrators are brought to justice, the punishment can be very lenient. In some cases, the punishments have been so light that they have evoked public uproar. One such case was People v. Brock Turner. Brock Turner was a student at Stanford University who was accused of sexually assaulting an unconscious woman after they had been partying at a fraternity (EBSCO, 2020). Two witnesses saw Turner sexually assaulting the woman behind a dumpster, and that she was not conscious nor responsive. Turner was arrested by police and charged with five counts of felony sexual assault.The judge eventually reduced it to three, dismissing the charges of rape of an unconscious person and rape of an intoxicated person due to lack of evidence. Despite compelling witness and victim impact testimonies, Turner was sentenced to only six months in prison and three years of probation. He also only served three months of the six-month sentence he was originally given. 

A similar case, the State of New Hampshire v. Owen Labrie, involved an 18-year-old preparatory school student who was accused of raping his 15-year-old female classmate while at school (Shapiro & Benitez, 2015). Labrie had lured the classmate through a series of emails and Facebook messages, asking her to meet in a vacant building on the school’s campus where the assault eventually took place (Lewontin, 2015). The act was allegedly inspired by an apparent “tradition” of senior students competing against one another for sexual encounters with younger students (Shapiro & Benitez, 2015). He was ultimately found guilty of one felony and four misdemeanors, with the felony stemming from having used a computer to “seduce, solicit, lure or entice a child under the age of 16” given he lured the victim via Facebook. The other four charges were related to sexual assault and endangerment of a child. Labrie was sentenced to only a year in jail, and was granted freedom on bail whilst appealing his sentence (Ortiz & Johnson, 2015). 

These two cases are certainly not isolated incidents, and they speak to a wider theme of lenient sentences for sex crimes committed against women and girls. Several other cases have involved similar circumstances and subsequent lenient sentences from the judges, like State v. Stacey Dean Rambold and State v. Austin Wilkerson (Blackburn Center, 2016). These types of cases are also still occurring, with another as recent as this year in the United Kingdom. In May of 2026, three teenage boys in London were convicted of the rape of two girls (Boyd, 2026). The rapes occurred on separate occassions, and both were filmed and posted online by the boys. Although the boys were convicted on all charges of rape, none of them were sentenced to imprisonment. Instead, they were given youth rehabilitation orders, with two receiving a 3-year order, and one receiving an 18-month order. 

In all of the aforementioned cases, the punishments were disproportionate to the crimes committed. Instead of consideration being given for the victims in these cases, the judges considered the futures of the perpetrators, even offering sympathy for how a prison sentence and record would affect them. This “phenemonon” is what philosopher Kate Manne refers to as “himpathy”, which she defines as “the disproportionate or inappropriate sympathy extended to a male perpetrator over his similarly or less privileged female targets or victims, in cases of sexual assault, harassment, and other misogynistic behavior” (2020). In Brock Turner’s case, the judge avoided imposing a long-term prison sentence given it would interfere with his swimming career (Tierney, 2018). In the case of the three teenage boys in the UK, the judge justified ordering rehabilitation instead of imprisonment because he wanted to “avoid criminalising these children unnecessarily and understand the effects of their behaviour and support their reintegration into society” (Boyd, 2026).

Lenient punishments for sex crimes can pose many harms, one of which is that they could present a potential public safety issue (Harvard Law Review, 2019). When offenders receive no imprisonment time or are released back into the community too soon, they are given access to the public to potentially harm again. Leniency may also give the offenders the impression that they can essentially “get away with” these types of crimes if the consequences are minimal (Keneally, 2018). These lenient punishments could also increase the likelihood of perpetrators reoffending in the future (Tierney, 2018). One case highlights all of these concerns: in 2021, 20-year-old Tyler Erickson was sentenced to only 20 days in jail and 10 years of probation after raping a 12-year-old girl (McGurk, 2022). Within a year after his sentence, he was arrested for another sex crime, in which he attempted to solicit a 16-year-old girl for sex. While some data shows that recidivism among sex offenders is low (Przybylski, 2015), it is difficult to assess the true risk given that sex crimes are seriously underreported. A study by Prentky et al. found that those convicted of rape and child molestation are at risk of re-offending 15 to 20 years following their release from prison (1997). Thus, given that some offenders remain at risk of reoffending, lenient sentences warrant careful consideration. 

When judges issue lenient sentences for sex crimes, it can minimize the severity of these types of crimes. It can almost imply that these crimes are not that serious, especially when the actions of these perpetrators are reduced to being “mistakes” or the focus is on the victim having drank too much, suggesting responsibility (Rogalin & Addison, 2023). This can normalize the occurrence of sexual violence in society, and reinforce attitudes of victim-blaming, when there are already misconceptions for what constitutes consent and appropriate sexual behavior (Blackburn Center, 2016). When these crimes are not taken seriously enough to issue adequate punishments for, it can be re-traumatizing to the victim, who has not only experienced trauma from the sexual assault itself, but also from having to relive it during the trial when attempting to receive justice (Keneally, 2018). 

When perpetrators are not brought to proper justice in these cases, it can diminish faith in public officials and the justice system. It can also deter victims from reporting assaults, as they may fear there will be no recourse, and they would rather avoid revictimization (Freccero, et al., 2011). The data from the United Kingdom’s Annual Victims’ Survey appears to reflect these fears. Of those surveyed regarding their confidence in the criminal justice system, only 51% felt it was fair, 46% felt it was effective, and 42% felt they would receive justice if they reported a crime committed against them (Murray, et al., 2025). Forty-one percent of the respondents did not report their sexual assault or rape to the authorities (Murray, et al., 2025). Those that did report the crimes against them, mentioned that they felt compelled to withdraw from the investigations due to the impact it was having on their well-being. Some felt “unheard” and “isolated” during the process. 

A Gallup poll taken in 2024 to measure Americans’ confidence in their judicial system showed that only 35% had confidence in the courts (Vigers & Saad, 2024). Given this overwhelming distrust of the legal system, it can be inferred that crime victims could be less likely to come forward and report because they may feel the courts will not do what they are in place to do. Data reported from the United States’ National Crime Victimization Survey (NCVS) in 2024 showed that of the violent crimes reported to the police, 24% of them were rapes/sexual assaults, a number which decreased from 46% in 2023 (Tapp & Coen, 2025). While some data shows that less violent crimes are being committed (Morales, 2026), reporting from The Marshall Project reflects that many law enforcement agencies are failing to report crime data to the FBI, with close to one-third of them in 2022 (Li et al., 2023). With all of these factors considered, one thing is abundantly clear: victims of crime are being failed universally. 

When lenient punishments are given to perpetrators of sex crimes, it ignores the rights of the victims to have proper redress for what they have endured, which is outlined in The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted in 1985 by the United Nations General Assembly. Section 4 affirms: “Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.” Far too often judges have taken into consideration the potential careers, futures, and livelihoods of the perpetrators who commit sex crimes, and neglect to consider the impact the crime has had on the victim and the trauma that they will have to live with. In some cases, the victim’s trauma appears to be secondary. Judges also neglect to recognize that by excusing these actions as "mistakes" or asserting that "boys will be boys” (Smith, 2021), they are wrongly suggesting that men inherently lack self control. 

While many intricacies are involved in assessing the impact of a crime and imposing a fitting punishment, we must require responsibility that demonstrates the upholding and value of the law, and respect for victims and what they have experienced. In not doing so, it does a disservice to women and girls everywhere, and perpetuates the human rights crisis of violence against women and girls. We must demand accountability. When perpetrators are not held responsible, it is the victims who pay the price.

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Glossary

• Centers for Disease Control and Prevention (CDC): The branch of the U.S. Public Health Service under the Department of Health and Human Services charged with the investigation and control of contagious disease in the nation.

• Perpetrator: Someone who has committed a crime or a violent or harmful act.

• Rape, Abuse & Incest National Network (RAINN): The nation’s largest anti-sexual violence organization and operator of the National Sexual Assault Hotline.

• Redress: The setting right of what is wrong.

• Sexual Assault: Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

• Sexual Violence: Any sexual act, attempt to obtain a sexual act, or other act directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting.

• World Health Organization (WHO): The United Nations agency dedicated to global health and safety.

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References

1. Blackburn Center. (2016, September 21). Why are judges giving light sentences to rapists? Blackburn Center. https://www.blackburncenter.org/post/2016/09/14/why-are-judges-giving-light-sentences-to-rapists

2. Boyd, R. (2026, May 24). UK judge’s decision not to jail boys for rape like a “rock in my face”, says victim, 16. The Guardian. https://www.theguardian.com/uk-news/2026/may/24/uk-judge-decision-rape-girls-hampshire

3. Centers for Disease Control and Prevention. (2025, December 17). About sexual violence. CDC. https://www.cdc.gov/sexual-violence/about/index.html

4. EBSCO. (2020). People v. Turner. EBSCO. https://www.ebsco.com/research-starters/law/people-v-turner

5. Freccero, J., Harris, L., Carnay, M., & Taylor, C. (2011). Responding to sexual violence: Community approaches. Human Rights Center, UC Berkeley. https://www.law.berkeley.edu/wp-content/uploads/2015/04/Responding-to-Sexual-Violence_-Community-Approaches-SV-Working-Paper.pdf

6. Keith, J., & Skidmore, C. (2024, February 7). Sexual assault experienced as an adult. National Center for PTSD - U.S. Department of Veterans Affairs. https://www.ptsd.va.gov/professional/treat/type/sexual_assault_adult.asp

7. Keneally, M. (2018, December 20). “Inappropriately light sentences” in sexual assault cases can hurt reporting of future crimes: Experts. ABC News. https://abcnews.com/US/inappropriately-light-sentences-sexual-assault-cases-hurt-reporting/story?id=59748226

8. Harvard Law Review. (2019, February 8). California judge recalled for sentence in sexual assault case. Harvard Law Review. https://harvardlawreview.org/print/vol-132/california-judge-recalled-for-sentence-in-sexual-assault-case/

9. Lewontin, M. (2015, October 28). How social media played a key role in Owen Labrie’s sexual assault case. The Christian Science Monitor. https://www.csmonitor.com/Technology/2015/1028/How-social-media-played-a-key-role-in-Owen-Labrie-s-sexual-assault-case

10. Li, W., Calderón, A. R., & Eads, D. (2023, August 3). See if police in your state reported crime data to the FBI. The Marshall Project. https://www.themarshallproject.org/2022/08/15/see-if-police-in-your-state-reported-crime-data-to-the-fbi

11. Manne, Kate. (2020). Entitled: How male privilege hurts women. Crown.

12. McGurk, N. (2022, May 19). Convicted rapist re-offends less than 1 year after sentencing, police say. ABC4 Utah. https://www.abc4.com/news/local-news/convicted-rapist-re-offends-less-than-1-year-after-sentencing-police-say/

13. Morales, M. (2026, February 11). Steep drop in violent crime in major US cities, data analysis shows. CNN. https://www.cnn.com/2026/02/11/us/violent-crime-us-cities-report

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15. Ortiz, E., & Johnson, A. (2015, October 29). St. Paul’s school rape trial: Owen Labrie sentenced to year in prison. NBC News. https://www.nbcnews.com/news/us-news/st-pauls-school-rape-trial-owen-labrie-sentenced-year-prison-n452386

16. Prentky, R. A., Lee, A. F., Knight, R. A., & Cerce, D. (1997, December). Recidivism rates among child molesters and rapists: a methodological analysis. Law and Human Behavior, 21(6), 635–659. https://doi.org/10.1023/a:1024860714738

17. Przybylski, R. (2015, July). Recidivism of adult sexual offenders. U.S. Department of Justice - Office of Justice Programs. https://www.ojp.gov/library/publications/recidivism-adult-sexual-offenders

18. RAINN. (2025a). Statistics: The criminal justice system. RAINN. https://rainn.org/facts-statistics-the-scope-of-the-problem/statistics-the-criminal-justice-system/

19. RAINN. (2025b). Facts and statistics: The scope of the problem. RAINN. https://rainn.org/get-informed/facts-statistics-the-scope-of-the-problem/

20. Rogalin, C., & Addison, S. (2023). “He is not a monster”: himpathy and sexual assault. Midwest Social Sciences Journal, 26(1). https://doi.org/10.22543/2766-0796.1115

21. Shapiro, E., & Benitez, G. (2015, August 28). Owen Labrie found not guilty of felony sexual assault in prep school trial. ABC News. https://abcnews.com/US/prep-school-rape-trial-jury-reaches-verdict-owen/story?id=33381054

22. Smith, C. B. (2021, February 8). How “boys will be boys” still poisons our legal system. MEL Magazine. https://melmagazine.com/en-us/story/boys-will-be-boys-legal-defense

23. Tapp, S., & Coen, E. (2025, September 28). Criminal victimization, 2024. Bureau of Justice Statistics. https://bjs.ojp.gov/library/publications/criminal-victimization-2024

24. Tierney, K. (2018). The “leniency epidemic”: A study of leniency granted to convicted rapists in America and Australia. Penn State Journal of Law & International Affairs, 6(1). https://insight.dickinsonlaw.psu.edu/jlia/vol6/iss1/14/

25. United Nations. (1985, November 29). Declaration of basic principles of justice for victims of crime and abuse of power. OHCHR. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-basic-principles-justice-victims-crime-and-abuse

26. Vigers, B., & Saad, L. (2024, December 17). Americans pass judgment on their courts. Gallup. https://news.gallup.com/poll/653897/americans-pass-judgment-courts.aspx

27. WHO. (2025, November 19). Lifetime toll: 840 million women faced partner or sexual violence. World Health Organization. https://www.who.int/news/item/19-11-2025-lifetime-toll--840-million-women-faced-partner-or-sexual-violence