Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders

Harrison, Karen; Gill, Aisha K.

Abstract

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excessive because the judge viewed the female victims’ ethnic and religious origin as an aggravating factor. In light of a number of charities’ condemning the judgment, this article evaluates whether the Court of Appeal made the correct decision, particularly in the wider context of sentencing principles. It also considers whether causing shame to a victim and her family can be regarded as an aggravating factor when sentencing sexual offences, and discusses the circumstances where the victim’s ethnic origin should be taken into account.

Citation

Harrison, K., & Gill, A. K. (2017). Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders. Journal of Sexual Aggression, 23(3), 300-311. https://doi.org/10.1080/13552600.2016.1267271

• Acceptance Date: Nov 25, 2016
• Online Publication Date: Jan 16, 2017
• Publication Date: Sep 2, 2017
• Deposit Date: Nov 28, 2016
• Publicly Available Date: Jan 17, 2018
• Journal: Journal of sexual aggression
• Print ISSN: 1355-2600
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 23
• Issue: 3
• Pages: 300-311
• DOI: https://doi.org/10.1080/13552600.2016.1267271
• Keywords: Shame; Sentencing principles; Aggravating factors; South Asian victims
• Public URL: https://hull-repository.worktribe.com/output/445829
• Publisher URL: http://www.tandfonline.com/doi/full/10.1080/13552600.2016.1267271
• Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of sexual aggression on 16/01/2017, available online: http://wwww.tandfonline.com/10.1080/13552600.2016.1267271
• Contract Date: Jan 17, 2018