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In this chapter, the author analyzes sentencing and incarceration practices in South Africa during the last 20 years, a period which saw the country transforming into a fully flexed democracy.

The concepts of sentencing, mandatory minimum sentencing, sentencing of children and incarceration are discussed. The past 20 years of democracy serve as a point of departure for this discussion. The retrospective nature of the adopted approach necessitates a heavy reliance on existing literature, but a statistical analysis is also relied upon. The author also reflects on research conducted during the last 20 years.

While it is almost impossible to duly consider all sentencing-related developments in democratic South Africa, important advances have been made but they were not always systematically followed through. Well-intended policies have at times been poorly executed. Specially, the correctional system destroyed all types of staff motivation through poor human resource practices.

Few scholars have considered the influence of sentencing practices on the South African inmate population, more particularly during the period of democracy that has been running for 20 years. This influence in the South African criminal justice system will be highlighted. The contribution of sentencing in the democratization of the country may be drawn from this discussion. The study may contribute to policy implementation for decades to come and through that, strengthen the South African democracy. At the same time, lessons from South Africa may serve as a roadmap for other young and established democracies.

This chapter is based on an ethnographic study of an English medium-security prison housing men convicted of sex offences. It argues that victims haunted (Gordon, 2008) both the prison and the narratives of the men it held: they were ever-present in discourse, but depersonalised and lacking in agency. How prisoners described their victims said a great deal about how they sought to portray themselves, and the chapter makes this point by outlining three basic ‘types’ of story. In the first, the prisoner knew the victim well and deliberately sought to remember their suffering; at the same time, they themselves hoped not to be defined by their status as an offender. In the second, the victim was largely missing from the narrative, either because the prisoners barely remembered them or because the prisoners did not really consider them to be a victim. In the third type of story, the prisoners considered themselves to be the real victim, and considered the official victim as well as the criminal justice system to be responsible for their suffering. The chapter concludes by arguing victims were ghosts because the prison only allowed them to appear in certain ways. It suggests that narrative criminologists consider the relationship between narratives and justice, and that one way of doing this is to think about what stories don't communicate as well as what they do.

Purpose – The crime of child sex offending or child sexual abuse is a serious social problem. Since the 1990s, it has been popularly conceptualised as a ‘paedophile threat’ and has become one of the most high-profile crimes of our times. This chapter examines the social construction of paedophiles in UK newspapers and its impact on official regulation of child sex offenders.

Methodology/approach – Discourse analysis is used to establish how newspaper language produces common discourses around child sex offenders. Documentary research of government legislation and law enforcement helps analyse the ways in which official regulation is informed by media discourses.

Findings – Newspaper discourses around child sex offenders construct the paedophile as a distinct and dangerous category of person. This media figure informs government legislation and law enforcement in several ways. For example, discourses around paedophiles necessitate and legitimate punitive legal trends regarding child sex offenders and facilitate the conceptualisation of specific laws.

The conceptual shift towards understanding child sexual abuse through the figure of the paedophile has several detrimental consequences. This chapter offers a critique of contemporary media and governmental/legal discourses, pointing to misrepresentation, sensationalism, demonisation and insufficient child protection.

Value – This research indicates that discourses and conceptual shifts around child sex offenders are driven by the media but have come to be accepted and perpetuated by the government and the law. This dynamic not only illustrates the power of the media to set agendas but raises questions regarding the adequacy of official governance informed by media discourses.

This chapter explores the challenges associated with proving an absence of consent in rape cases involving non-violent sexual coercion. It is argued that the continuing influence of the ‘real rape’ stereotype perpetuates an expectation in jurors’ minds that a ‘real rape’ will be attended by significant levels of physical violence and/or serious injury. The chapter considers rape law in Ireland and England and Wales to examine how existing law might be reformed to improve the potential of appropriately punishing experiences of non-consensual sexual intercourse which might be categorized as sexual coercion.

The need to revisit the current law in this area is particularly pronounced now that domestic abuse law has been reformed to recognize coercive control. This leads to the incongruous situation where coercive and controlling behaviour is recognized in the context of domestic abuse but it remains very difficult to successfully prosecute offences involving sexual coercion. The chapter discusses a number of reforms which would improve the prevailing law in this area and better align the approach to coercion in domestic abuse and sexual abuse contexts. Reforms proposed include: further developing legislative and non-legislative guidance on consent, introducing a specific offence of sexual coercion, and exploring the potential of prosecuting sexual coercion within intimate partner relationships as domestic abuse, rather than as a sexual offence.

In May 2012, nine men from the Rochdale area of Manchester were found guilty of sexually exploiting a number of underage girls. Reporting on the trial, the media focussed on the fact that eight of the nine men were of Pakistani origin, while the girls were all white. It also framed similar cases in Preston, Rotherham, Derby, Shropshire, Oxford, Telford and Middlesbrough as ethnically motivated, thus creating a moral panic centred on South Asian grooming gangs preying on white girls. Despite the lack of evidence that the abuse perpetrated by some Asian men is distinct from male violence against women generally, the media focus on the grooming gang cases has constructed a narrative in which South Asian men pose a unique sexual threat to white girls. This process of ‘othering’ South Asian men in terms of abusive behaviour masks the fact that in the United Kingdom, the majority of sexual and physical abuse is perpetrated by white men; it simultaneously marginalises the sexual and domestic violence experienced by black and minority ethnic women. Indeed, the sexual abuse of South Asian women and girls is invisibilised within this binary discourse, despite growing concerns and evidence that the men who groomed the young girls in the aforementioned cases had also perpetrated domestic and sexual violence in their homes against their wives/partners. Through discourse analysis of newspaper coverage of these cases for the period 2012‒2018, this paper examines the British media's portrayal of South Asian men – particularly Pakistani men – in relation to child-grooming offences and explores the conditions under which ‘South Asian men’ have been constructed as ‘folk devils’. It also highlights the comparatively limited newspaper coverage of the abuse experiences and perspectives of Asian women and girls from the same communities to emphasise that violence against women and girls remains an ongoing problem across the nation.

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.

In our chapter we describe the analysis of categorisations as an important part of narrative criminology. Categorisations of people (as offenders, victims, witnesses, etc.) are a central component of the communicative construction and processing of crime. Categories are associated with assumptions about actions and personal characteristics. Therefore, categorisations play a prominent role in the question of whether and how someone should be dealt with or punished. Narratives essentially consist of categorisations as well as the representation of a temporal course of interactions and actions. Analysing categorisations can therefore provide decisive insights for narrative criminology. With the research method of ‘Membership Categorisation Analysis’, categorisations can be reconstructed in detail. We describe this potential by reconstructing how the defendant ‘Dave’ categorised himself in the context of his main trial and how he was categorised by others in order to justify a judgement against him. Our analysis shows that categorisations, which are socially impactful and often controversial, must be established by particular narrative manoeuvres.