Same-Sex Statutory Rape Is Punished Far More Severely than the Heterosexual Variety

A wooden judge’s gavel resting on a block beside a set of golden justice scales in a courtroom setting. In the background, the blurred image of the U.S. flag and a courtroom wall suggests an American legal environment, symbolizing justice and the legal system.

Prior theoretical and empirical research examining the influence of sex on sentencing has been primarily concerned with the sex of the offender, as opposed to the victim. A team of scholars associated with the Percy Foundation drew on a convenience sample of males (n=1,190) in state and federal correctional facilities across the country drawn from our Insiders’ Bookstore project, examining minimum sentences in relation to crime type. The analysis focused on individuals convicted of contact or enticement sexual offenses against minors (n = 380), finding that adult male offenders were sentenced to longer sentences when involved with male versus female victims. When victims were aged 14-17, male victims yielded a median minimum sentence of 30 years, twice that for female victims (15 years). For younger age groups, the difference narrowed. These findings suggest that prejudicial sentencing is not limited to race/ethnicity but also includes sexual orientation. Future research should continue to examine victim sex in sex offense punishment. Policy implications are discussed.

     Read our open access article published in Behavioral Sciences & the Law (2025):

https://onlinelibrary.wiley.com/doi/full/10.1002/bsl.2720