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Thursday, March 05, 2015

How to teach women not to rape

Since September 29, 2014, Glenn Reynolds at Instapundit has linked stories about women accused or convicted of molesting minors or raping men under the heading TEACH WOMEN NOT TO RAPE! (CONT’D).

The entries only seem like a running gag. But no matter how hot the teacher -- or friend's mother -- may be, sexualizing an 11-year-old boy or a 12-year-old girl is wrong. It is illegal. It is rape-rape because it does lifelong damage. And yes, men can be raped. And yes, lesbians molest girls.

We know how to teach women not to rape: Imprison female rapists.

But in America, women criminals serve only 224 days in jail for every year a man does for the same crime. That includes rape.

Some caveats, as they said in Rome. I extrapolate that number from one study by Sonja B. Starr of the University of Michigan Law School, which she published in September 2012.

Using federal prison statistics (and that covers but 10% of the U.S. prison population), she reported:
This study finds dramatic unexplained gender gaps in federal criminal cases. Conditional on arrest offense, criminal history, and other pre-charge observables, men receive 63% longer sentences on average than women do. Women are also significantly likelier to avoid charges and convictions, and twice as likely to avoid incarceration if convicted. There are large unexplained gaps across the sentence distribution, and across a wide variety of specifications, subsamples, and estimation strategies. The data cannot disentangle all possible causes of these gaps, but they do suggest that certain factors (such as childcare and offense roles) are partial but not complete explanations, even combined.
These estimates are much larger than those of prior studies, which have probably substantially understated the sentence gap by filtering out the contribution of pre-sentencing discretionary decisions. In particular, this study highlights the key role of sentencing fact finding, a prosecutor-dominated stage that existing disparity research ignores. Mandatory minimums — prosecutors’ most powerful tools — are also important contributors to gender gaps in drug sentencing. Understanding the relative roles of prosecutors and judges is important. Gender disparities have been cited to support constraints on judicial discretion, including when the Sentencing Guidelines were adopted. But such constraints typically empower prosecutors, so if prosecutors drive disparities, they could backfire.
Policymakers might simply be untroubled by leniency toward women. They are a small minority of defendants, and when disparities favor traditionally disempowered groups, they might raise fewer concerns. But the gender disparity issue need not be framed in terms of how women are treated. One could ask: why are men treated so harshly, if women are (apparently) treated otherwise? It is hard to dismiss this question as trivial: over two million American men are behind bars. While males generally are not a disadvantaged group, men in the criminal justice system generally are; they are mostly poor and disproportionately nonwhite. The especially high rate of incarceration of men of color is a serious social concern, and gender disparity is one of its key dimensions.
From this perspective, one might think differently about some of the possible explanations for the gender gap. Most defendants of both genders have suffered serious hardship, have mental health or addiction issues, have minor children, and/or have “followed” others onto a criminal path. Sentencing law provides very limited formal mechanisms to account for such factors — which is probably why, with women, they appear to mostly be considered sub rosa. If prosecutors, judges, and legislators are comfortable with those factors playing a role in the sentencing of women, then perhaps it is worth explicitly reconsidering their place in criminal sentencing more generally.
The 63% difference in sentences means, based on a 365.25-day year (have to adjust for leap years) a woman would serve 224 days for every 365.25 days a man serves.

Her conclusion was a tad disingenuous, as she framed the question: "why are men treated so harshly, if women are (apparently) treated otherwise?"

No, the problem is we are not applying equal justice under the law.

Which is why so many women are molesting boys and girls; they can get away with it.


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