Magistrates’ Attitudes to Domestic Violence and Sentencing Options

Abstract

This study explored the sentencing decisions made by magistrates for perpetrators of domestic violence versus perpetrators of stranger violence. Sixty–seven magistrates considered six vignettes involving violent incidents and suggested a sentence. More magistrates suggested prison for cases where the victim of the assault was a stranger rather than the perpetrator’s partner, but this was not statistically significant. Significant differences in sentencing were found where the vignettes featured alcohol, or the necessity of medical attention. Magistrates’ reasoning reflected the themes of denying, minimising, justifying and victim blaming. The article discusses the need for training to dispel myths about domestic violence.

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