The impact of plea bargaining on sexual offences in Spain: an analysis of judicial sentences

Abstract

This study examines the effect of plea bargaining in sexual offence cases in Spain, using data obtained from judicial sentences issued by the Provincial Courts. A quantitative methodology was employed, combining descriptive analyses, variance analysis with covariates, and binary logistic regression analysis. The primary objective was to assess the prevalence and impact of plea bargaining on the penalties imposed in cases of sex crimes, as well as the factors that have an influence on the decision whether to accept a plea bargain agreement. Main findings reveal that plea bargaining in sexual offences is not as widespread in Spain as in other countries. Furthermore, the effects of plea bargaining on the severity of penalties appear to be less pronounced. Additionally, using ANCOVA and binary logistic regression analysis, the study investigates both the impact of plea bargaining on the penalties imposed in sexual offence cases, and the relevant factors related to the decision of whether to accept the plea agreement. The results suggest that while plea bargaining plays a role in Spanish criminal justice and has an influence on the severity of penalties imposed in sexual crimes, it does not have a significant influence on monetary compensation to the victim. The main factors associated with the decision to accept a plea bargain agreement are legal factors which can be expected to have an effect in this regard, and the presence of a private prosecution. The implications of these findings are discussed, providing significant insights and a better understanding of the figure of the plea bargain in the Spanish context.