Do Children Receive Equal Justice Under the Law? A Comparison of Sentence Severity for Crimes with Child and Adult Victims.

Abstract

This study examines the differences in sentencing for offenses involving child victims versus adult victims within a statewide population of adults convicted of physical and sexual assault. Crimes against children are often viewed as particularly heinous and may consequently receive harsher sentences. However, children may be unreliable witnesses or unable to testify, leading to more lenient sentencing through plea agreements. This study investigates the disparities in sentencing for physical and sexual violence against children in comparison to adults. We utilize data from the Pennsylvania Commission on Sentencing, which includes 47,288 adults convicted of physical and sexual assaults between 2014 and 2019. The sentencing outcomes encompass sentence type (incarceration versus noncustodial penalty) and severity (in relation to the presumptive sentence under guidelines). Logistic and linear regression models are employed to adjust for offender demographics and case characteristics. The findings indicate that physical assaults against children are punished less severely than those against adults, while sexual assaults against children receive harsher penalties than sexual assaults against adults. The implications for policy and practice are discussed.

Supplementary information: The online version contains supplementary material available at 10.1007/s42448-025-00234-2.