Does the sex of judges matter? Analysis of sentencing in sex crimes in Spain.

This article examines the influence of judges' sex on sentencing outcomes in sexual assault and sexual abuse cases adjudicated by Spanish Provincial Courts between 2019 and 2020. Using a quantitative analysis of 2,239 cases, the study finds that panels with female judges, particularly when women serve as the judge rapporteur or presiding judge, tend to impose longer prison sentences compared to all-male panels, even after controlling for legal factors such as crime severity and victim characteristics. While the number of women on a panel shows a marginal effect on conviction rates, the roles of female rapporteurs and presidents significantly impact sentencing severity. The findings highlight the importance of extra-legal factors, such as judge sex and panel composition, in judicial decision-making within a civil law system and call for further research to understand these dynamics across different crime types and judicial contexts.