What is the deterrent effect of a statute that prohibits sexual assault on a minor?

California, United States of America


The following excerpt is from Hubbart v. Superior Court, 50 Cal.App.4th 1155, 58 Cal.Rptr.2d 268 (Cal. App. 1996):

Further, we believe petitioner may have misconstrued the "deterrent" effect of a statute as that term is understood in the law. Certainly confining petitioner for treatment will have a deterrent effect upon him personally, as he will be unable to commit sexually violent crimes upon women in the community. A deterrent measure, however, is one which serves as a threat of negative repercussions to discourage other people from engaging in certain behavior. (See, e.g., Artway v. Attorney General of State of N.J. (1996) 81 F.3d 1235, 1255.)

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