Rolf Harris and the Celebrity Justice System

The CJS: Criminal Celebrity Justice System.

 It has probably not escaped most people’s attention that there is a debate raging on about whether or not the sentence handed down to Rolf Harris is appropriate. Some are of the opinion that the sentence is not long enough, or too lenient in proportion to the offences he was convicted of. Some believe that as a man of 84, there is little benefit to putting him in jail, and some going so far as to believe that a man of this age is incapable of being a further danger to women (whether or not the offending stopped in later life this view genuinely frightens me). In my own opinion, I have several problems with the sentences passed down on Rolf Harris last week.

 Firstly, in the sentencing comments by Mr Justice Sweeney he spoke of considering that Mr Harris be enabled to spend his 'twilight years' with his family. My major contention with this issue is the length of time that his abusing went undetected, unreported, and I suppose more to the point unpunished. Whilst it may seem pointless to some; sending a man who probably won't live to fulfil his full sentence to prison, I would ask those people to consider the effect that the abuse has had on the victim(s), the knowledge and anguish they have held for lengthy periods of time knowing that their abuser has been afforded the freedom to live peacefully in a way that was taken from them. I would also suggest that this be reason to not consider his age a mitigating factor, he has, for decades been able to spend time with his family, I seriously wonder why this luxury should be granted to him now just because he has been discovered so late in his life.

 My second issue is with whether his celebrity status was a factor in a lower sentence length, as his other 'contributions to society through entertainment and charity work' also seem to have been considered. Teachers and care home workers are all in the position to make great contributions, but when these positions are manipulated to enable sexual offending, it is considered to be a gross breach of trust, and therefore, I have to wonder the extent to which their contributions are considered mitigating factors. If a teacher whom abused several children was also supporting many others towards achieving good grades etc, would this be considered a worthy enough contribution to society to warrant a lowered sentence in the same way that the charity work of a popular entertainer may be? Somehow the scales feel tipped, though on research, sentence lengths for so called non-celebrity historic abuse cases still seem lenient in my eyes anyway; the reason behind this brings me on to my third point:

 Concurrent sentences. Under guidelines for concurrent sentencing, when several charges are pursued, if a person were to be sentenced consecutively this may result in an overall sentence length considered disproportionate to the crimes committed, and therefore concurrent sentencing is used to consider the offences as a whole. While I see some sense to this, in this case along with those of Stuart Hall and Max Clifford I feel it has been grossly miscalculated to the benefit of the convicted party.  According to the sentencing council guidelines, when multiple sentences are to be served concurrently, it may be that some are increased in length through the consideration of aggravating factors to reflect the overall criminality and the amount of harm caused to the victims.  With this in mind, receiving 12-15 month sentences for offences which even under the 1956 act carry a maximum sentence of 2 years, does not reflect the purpose set out in these guidelines. 

I understand the sensibility behind concurrent sentencing, however, with this case it seems that whilst the mitigating circumstances have been taken into account, there is a distinct lack of consideration for the aggravating factors that should have been applied to the sentences of the six sexual offences to be served concurrently.  As I’ve previously said, each of these carry at lowest, a maximum sentence of 2 years (and for the most recent charges, up to 10 years). It is astounding that it appears the psychological effect on his victims has been disregarded with the knowledge Rolf Harris is likely to serve just half of his sentence in prison.

 

J. Ison

B.A. (Hons) Crime & Investigative Studies

Sexual Offender who has been sentenced for 12 counts of abuse and victimized at least 4 young girls will spend less than 3 years in Prison: Rolf Harris

By A. Neaverson

If you were to read the headline without the celebrity name attached, you would be absolutely appalled by the seemingly lenient sentence. However, in today’s society we have become more accepting of responses such as ‘Yeah, that’s what I expected because he is so famous’. Since when did we fall back into the pre-classical approaches to criminal justice and have one set of laws for the rich and another for the poor? 

 

Rolf Harris has been sentenced to 5 years and 9 months in prison, meaning he is likely to spend less than 3 years physically behind bars. Furthermore, he will not be ordered to pay compensation to his victims. According to the BBC, Rolf showed no emotion while his sentence was being read out; maybe he didn’t know if he should cry or smile.

As described within the Sentencing Remarks of Mr Justice Sweeney found here, Rolf Harris was sentenced for 12 counts of indecent assault on 4 victims who were aged between 8 and 19 at the time. He received the following sentences for each count:

Count 1: 9 months’ imprisonment.

Count 2: 6 months’ imprisonment consecutive.

Count 3: 15 months’ imprisonment consecutive

Count 4: 15 months’ imprisonment concurrent

Count 5: 15 months’ imprisonment concurrent

Count 6: 12 months imprisonment concurrent

Count 7: 15 months’ imprisonment consecutive

Count 8: 12 months’ imprisonment concurrent

Count 9: 12 months’ imprisonment consecutive

Count 10: 9 months’ imprisonment concurrent

Count 11: 9 months imprisonment concurrent.

Count 12: 12 months’ imprisonment consecutive.

 
 Some people are asking “But what did he do?”, “Didn’t he just grope a few girls? Back in the day that wasn’t uncommon”. Well let me help you to get a better picture of what Rolf Harris did to innocent children.

You indecently assaulted ‘A’ in 1969 (when she was aged 8 and you were aged 39). You did so when you made an appearance at the Leigh Park Community Centre in Havant, and she approached you for your autograph. Others were present. Taking advantage of your celebrity status, you twice put your hand up her skirt between her legs and touched her vagina over her clothing.

Victim 'C' - Age 13, took her on holiday and indecently assaulted her; and again when she was 15. You left your wife and ‘C’’s parents downstairs and you went up to ‘C’’s bedroom on the top floor of the house....."

 
Ill stop there, but if you want to know "what did he do" the judge summarises it here.

So why did he only get less than 6 years... or 6 months per offence? Because of his Mitigating Factors (which are factors that work in favour of the defendant and can result in a lesser sentence). According to the sentencing remarks, the judge considered the following mitigating factors as part of his sentencing decision:

“On your behalf I am asked to take into account a number of matters in mitigation, including the following:

(1) With the exception of ‘C’ the offences were brief and opportunistic. 

(2) The fact that you have no previous convictions and have led an upright life since 1994 ‐albeit it is accepted that that must be tempered by the reality, underlined in the Attorney General’s Reference (above), that you got away with your offending for years. 

(3) The fact that you have a good side, that there are many people who know you who speak well of you, and that over many years you have dedicated yourself to a number of charitable causes.

(4) The fact that you are not in the best of health, as attested to in the report of Dr Fertleman, and that therefore, although capable of serving a prison sentence, it will be particularly tough on you. 

(5) The fact that your wife, who you help in looking after, has various health problems, as attested to in the report of Dr Mitchell‐Fox. 

(6) That you should be enabled to spend your twilight years with your family.”

I’m sorry, but that’s just not good enough for me. The mitigating factor that I think we especially need to reconsider is the last one, “That you should be enabled to spend your twilight years with your family”. What about the young women’s right to spend their childhood without having it ruined by a sexual predator. Forget about their childhood; the events that took place have ruined their adolescents and impacted their adult years as well, not to mention the outcome that this trial will now have on them. They have been suffering for over 30 years, yet the judge says that Rolf Harris should be enabled to spend his last few years within the safe comfort of his family. It appears that the Mitigating factors are being put before the negative outcomes that his victims have been dealing with for their entire lives.  

Rolf Harris was sentenced based on ‘sentencing historic sexual offences set out in Annex B of the current Sentencing Council Definitive Guideline” which means that the “maximum sentence on Count 1 is one of 5 years imprisonment, on each counts 2-9 it is one of 2 years imprisonment, and on each of counts 10-12 it is one of 10 years”. Today, these offences attract significantly higher maximum sentences, but regardless, as stated “on each of Counts 10-12 it is one of 10 years” for a maximum sentence meaning he could have received more time in prison.

Perhaps this is why, according to the BBC “the sentence of five years and nine months has already been referred to the Attorney General's Office under the ‘unduly lenient sentence scheme’". To read more about the unduly lenient sentence, click here

It would be interesting to look at a comparison of this ‘celebrity status’ with a normal ‘citizen status’ case to see if the types of sentences are similar, or if they have been impacted by his celebrity status.

A.Neaverson

criminologyonthestreets@gmail.com