Scholarly research on rape and sexual victimization underscores major weaknesses in public deliberation.
In Chicago in 1923, the question was whether ugly women as well as beautiful women deserved leniency for killing their husbands.
Sentencing bias against men can be evaluated with systematic empirical evidence. The issue is also suitable for law review articles on gender.
South Africa’s release of mothers from prison was conditioned. Sex discrimination in the conditions wasn’t necessary to prevent releasing many prisoners.
In approving releasing mothers, but not fathers, from prison, the Court focused on women’s burdens, not the full legal and social practice of child-rearing.
Only one male judge, out of the Constitutional Court’s 9 male judges and 2 female judges, found unconstitutional sex discrimination in releasing prisoners.
Both under-reporting and false reporting of relatively serious sexual victimization (prison rape) are quantitatively major issues.