Does the sex of judges matter? Analysis of sentencing in sex crimes in Spain

Abstract

More women are increasingly joining the judiciary, especially during the last four decades. This has led to more research on the influence of sex on judicial decisions. Judge’s sex is a non-legal factor whose importance lies in the generally acknowledged historical difference between male and female roles in society, which may generate significantly different points of view and differences in the outcome of judicial proceedings, especially in cases related to sexual violence. However, there is no consensus regarding the effect of sex on sentencing. Indeed, findings to date vary widely, making a more profound study of this topic even more necessary. This study is based on a quantitative analysis of court sentences dictated by Provincial Courts in Spain (i.e. panels made up of men, women, or both) issued between 2019 and 2020.