Rape sentences rise over last decade to an average of 10 years

Analysis of sentencing data suggests that non-custodial rape sentences, such as that imposed upon Mangus Meyer Husveit, a man who regularly raped his girlfriend while she slept, a sentence which was reversed later in the year, remains the exception, while completely suspended terms remain entirely rare.

The average sentence for an individual convicted of rape is now 10 years, compared to the shorter sentence of 9 years and 3 months found in 2005.

In comparison to findings set out by Rape Crisis Network Ireland (RCNI), which previously carried out the only large-scale survey examining rape sentencing, the data shows a small but gradual increase in the severity of rape sentences over the past 10 years.

This falls in line with the trend seen in the UK, with the average effective sentence there now standing at around 8 years.

Cliona Siadlear, RCNI spokeswoman, said although the organisation is generally wholly happy with the increase in length of rape sentencing in Ireland, there is still a cause for concern in some circumstances.

She said: “The most serious issues around sentencing is where there are inconsistent or inexplicable sentences. These threaten to bring the justice system into disrepute and put survivors off reporting or following through. However, the DPP and the Court of Criminal Appeal have a strong record in examining lenient sentences.”

Senior counsel Sean Gillane noted that the figures coincide with his personal experience in the Central Criminal Court.

He said: “My personal feel on it would be that sentences are going up. I know when I’m advising people I would say to them if you please you might get eight or nine years and if you fight it you may get eleven or twelve.”

Research which was carried out by The Irish Times, analysed every rape offence conviction in the Central Criminal Court between 2013 and 2015, and showed the vast majority (70 per cent) of offenders received a partially suspended sentence. Out of the 85 offenders, 65 had their sentences discounted by some amount.

In general, only those who refused to admit a plea of guilt after conviction received non-discounted sentences. However, in particularly heinous crimes, a suspended sentence was refused, even when alongside a guilty plea.

For example, a 77-year-old man convicted of abusing both his daughter and his grand-daughter was jailed for a full seven years despite pleas from his defence about his guilty plea and his advanced age.

Despite the fact that fully suspended sentences, where the offender walks free completely from court, are extremely rare, the case of Huseveit attracted much public outcry when he received a fully suspended sentence from Mr Justice Patrick McCarthy last year.

However, figures show that Husveit was only one of three people to receive fully suspended terms for rape offences.

Furthermore, two of the three, including Husveit, later had their sentences overturned by the Court of Appeal and were sent to prison.

The appeal court’s decisions in these cases were in line with DPP v Tiernan 1988, which saw the chief justice state that it was difficult to imagine circumstances which would justify a non-custodial sentence for rape.

Sean Gillane, a regular prosecutor and defender on rape cases, said “the door is almost shut” on fully suspended sentences for rape, concluding that it “seems to be gone as a concept”.

In contrast, although rape offences can receive life sentences, this is just as rare. A man who lured two very young girls off the street in Westmeath before raping them is the only person to have received a full life term for a rape charge.

Previously it was standard for life sentences handed out for sex crimes to be overturned, however the appeal against the sentencing of the Westmeath rapist was rejected, showing that this concept seems to have changed in recent years.

The courts are not opposed to issuing sentences which match what an offender would likely serve is they were sentenced to life – usually between 17 to 20 years. One serial rapist received a 17 year sentence while many others have been issued 15 years terms.

This analysis further gives insight into the type of rape offences coming to the courts, contrary to popular belief, 80 per cent of rapes are committed by someone known to the victim. Nearly all involve family members who have regular access to the victims.

Additionally, rape tends to have a low recidivism rate, compared to other crimes with the data showing just 13 per cent of those who are convicted have previous convictions for sex crimes.

Most rapists are not named in media reports, someone accused of rape is entitled to anonymity unless convicted. However, many retain this anonymity post conviction because identifying them would also lead to the identification of the victim.

In the 37 cases where the offender was named, the victims either waived their right to anonymity or the rapist was sufficiently removed from them that the victims would not be inadvertently identified.

The figures also show that over the three years, 29 offenders were charged with rape but later had the charge dropped or replaced with less serious offences.

Most of these involved plea deals, with the DPP accepting a plea to a lesser offence to avoid the uncertainties of a trial. One senior counsel said the DPP might accept a plea deal where a case turns out to be weaker than it initially appeared.