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

Harrison, Karen; Gill, Aisha K.

Authors

Karen Harrison

Aisha K. Gill



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
Electronic ISSN 1742-6545
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
Copyright Statement ©2018 University of Hull
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

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