Rape case plea has ‘little bearing’ on sentence

Pleading guilty or not guilty in rape cases has little or no bearing on the length of the sentence handed down, research has shown.

An analysis of sentencing in recent cases, published today, also shows that where the accused pleads not guilty a sentence of nine years “might not be inappropriate”.

The findings are among a number made to link in with new initiatives from the Committee of the Courts Service, aimed at providing the public with more information on sentencing.

Katharina Ó Cathaoir of the Judicial Researchers’ Office analysed the DPP v WD case from 2007, and then recent sentences for rape since 2007.

She found that:

* In three “exceptional” cases, sentences of two years or less were handed down

* No cases led to a suspended sentence

* A non-custodial sentence is wholly exceptional

* 17 cases resulted in sentences of between three and eight years

* 23 cases had sentences of nine to 14 years

* 12 cases ranged from 15 years to life imprisonment — of the nine cases that did not impose a life sentence, six involved child rape.

The report found: “Cases with not guilty pleas did not necessarily impose strikingly different sentences to cases with similar facts where a guilty plea was entered.

“Variability in the factors should be noted in the context of this statement. While the accused cannot be penalised for contesting the case, he loses the biggest mitigating factor by not pleading guilty. Sometimes a plea of guilty will be in the face of very persuasive evidence and this can be taken into account as well.”

Overall, the majority of reviewed cases imposed sentences of between five and seven years. The report also analysed aggravating and mitigating factors. The strongest mitigating factor commonly present was an early admission of guilt.

The aggravating factors included a serious list of previous convictions and the length of time over which abuse was carried out, while consumption of drink and drugs and a dysfunctional upbringing were listed as “possibly not mitigation”.

Based on the decisions analysed, the conduct of the victim was not relevant.

The information has been collated for the Irish Sentencing Information System and can be viewed on www.irishsentencing.ie