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Title: How criminal is it to rape a partner according to the justice system? Analysis of sentences in Spain (2015-2022)
Author: Tamarit Sumalla, Maria Rosa  
Romero Seseña, Pablo  
Arantegui, Laura  
Aizpitarte, Alazne  
Citation: Tamarit-Sumalla, J.M. [Maria Rosa], Romero Seseña, P. [Pablo], Arantegui Arràez, L. [Laura] & Aizpitarte, A. [Alazne]. (2023). How Criminal Is It to Rape a Partner According to the Justice System? Analysis of Sentences in Spain (2015-2022). European Journal on Criminal Policy and Research, null. doi: 10.1007/s10610-023-09537-x
Abstract: Sexual violence in an intimate relationship is a less studied phenomenon than other forms of intimate partner violence, despite data pointing to a high prevalence. Studies on how the cases are sentenced are scarce. Until recently, many laws did not allow marital rape to be punished as a crime of rape, and some studies showed a tendency for the courts to punish these cases less severely. The present study is based on an analysis of 964 rape cases of adult women in Spain. All the information was extracted from sentences of the Provincial Courts issued between 2015 and 2022. Results showed that significantly lower conviction rates and less severe penalties were imposed when the rape was committed by the intimate partner compared to other rape cases where the offenders were not partners (family members, acquaintances, or unknown strangers). The practical implications of these results in several areas are discussed.
Keywords: sexual offenses
criminal justice system
intimate partner sexual violence
judicial decision
sexual assault
Document type: info:eu-repo/semantics/article
Version: info:eu-repo/semantics/publishedVersion
Issue Date: 29-Mar-2023
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Appears in Collections:Articles cientÍfics

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