8 Sentencing for Sexual Violence Crimes

Subject(s):

Right to fair trial — Rape and sexual violence — Armed conflict

This chapter evaluates the experience of the Office of the Prosecutor (OTP) in relation to sentencing for crimes involving sexual violence at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Sentencing is a component of OTP practice that has received comparatively limited attention, with the main focus instead being on establishing the guilt of the accused for the crimes charged. One of the key reasons for this has been the ICTY’s practice of addressing sentencing matters as part of the main trial proceedings, rather than holding a separate sentencing hearing once a conviction has been entered. Moreover, after examining the lengths of sentences imposed for sexual violence crimes, this chapter also addresses the considerations relevant to individualizing a sentence—gravity of the criminal conduct, aggravating circumstances, and mitigation and, where possible, the focus will be on those aspects most relevant to crimes of sexual violence.