by Kayla M. Gaw & Julian A. C. Gojer

Abstract
Legal and health systems consider female sexual offending to be less serious than that perpetrated by males. Mental health professionals generally show more lenient attitudes towards female sexual offenders (FSOs) than they do towards male sexual offenders (MSOs), and typically consider victims who have been sexually abused by females to be less ‘harmed’ than those who have been sexually victimized by men. This paper reviews the extant literature on differential sentencing for female sex offenders, providing a theoretical rationale for possible discrepancies in treatment. This review also highlights the social structures and assumptions about gender, sexual agency, and perceived dangerousness that facilitate lenient treatment of FSOs.

Some research suggests that FSOs, compared to MSOs, are significantly more likely to receive non-custodial sentences rather than incarceration, including fines, conditional release, and probation. A Florida study that examined sentencing outcomes for more than 10,000 sexual offenders, found that FSOs were less likely to be given a prison sentence than MSOs. Whereas 58% of the male sample received a prison sentence, only 35% of the female sample received a prison term.

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09/01/2026