The effects of gender on criminal justice sentencing decisions in cases of intimate partner homicide

Gender disparity in sentencing is a well-documented phenomenon. An offence that may be especially susceptible to gendered disparity is intimate partner homicide (IPH), where legislation combined with stereotyping and differential gendered risk factors have the potential to amplify disparate processes, such as differences in the type and duration of sentences. This study analyzed 177 cases of IPH involving male and female defendants across Canada between 1995-2022. Using quantitative modelling, this study analyzes patterns of sentencing IPH in Canada and whether these patterns indicate gender disparity in sentencing. Overall, across all variable controlled analyses, male defendants are sentenced more severely than other groups, while Indigenous female defendants received the least severe sentences. The findings suggest that Canadian sentencing may act in a discriminatory manner towards male defendants, especially Indigenous male defendants. The research shows that a greater understanding of IPH and gender is needed for the courts to maximize equal sentencing.