Are Men and Women Sentenced Equally?

If you are a defendant for a court case, it is better to be a woman than a man. This is what Professor Sonja Starr of the University of Michigan  suggested in her research paper ‘Estimating Gender Disparities in Federal Criminal Cases’ published in 2012. She examined a large amount of data of federal cases in the United States and noted significant findings. After controlling for the arrest offense, criminal history, and other prior characteristics, she points out that “men receive 63% longer sentences on average than women do”, and “women are… twice as likely to avoid incarceration if convicted.”

This appears to be an unusual inequality that men face in crime sentencing. Broadly speaking, it may not be alarming that men get longer sentences. Men are generally seen to be the rule breakers and risk takers in society. But this study indicates that for the same crime men receive a much harsher punishment. 63 percent is no small difference, it means a prison sentence can stretch to more than one and a half times longer. 

Some explanations that Starr gave as to why this gender disparity exists is that women are normally caregivers for children. Putting a woman behind bars affects her life, and that of her children as well. Another possible cause is the ‘girlfriend theory’ ‒ that women may be viewed as mere accessories to their male counterparts, says Starr. Women may also get more leniency because they are viewed as more likely to cooperate with the government. They are also viewed as less dangerous than men for the same misdeeds and so receive lesser punishments. 

What can be done about this? How can equality be achieved here? Yes, women are the primary carers for their children, but men in modern times do their share of caring too. But then again, men do not bear children. So it is inevitable that a pregnant woman would get a lighter sentence than a man, for the same crime, or at least get a deferred sentence. How can a breastfeeding mother be forced to do hard labour?