The studies collectively reveal significant gender disparities in sentencing outcomes within the criminal justice system. One study by Starr (2015) identifies a substantial unexplained gender gap, with men receiving 63% longer sentences on average than women, even after controlling for various factors. Women were also twice as likely to avoid incarceration if convicted. Goulette et al. (2015) and Doerner and Demuth (2014) support these findings, indicating that females generally experience more lenient treatment in terms of bond amounts, pre-trial detention, and sentencing outcomes compared to their male counterparts. Mustard (2001) underscores that departures from sentencing guidelines contribute significantly to disparities, with women receiving even shorter sentences relative to men than whites relative to blacks. Embry and Lyons (2012) challenge the reverse chivalry theory, asserting that women are not sentenced more harshly than men and, in fact, receive more lenient treatment, especially in sex offense cases, reflecting a protective stance by the justice system toward women.

This study finds very large unexplained gender gaps across the sentence distribution, and across a wide range of specifications, subsamples, and estimation strategies. Conditional on arrest offense, criminal history, and other pre-charge observables, men receive 63% longer sentences on average than women do; women are also significantly likelier to avoid charges and convictions, and twice as likely to avoid incarceration if convicted. (pg.154)

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Starr, S. B. (2015). Estimating gender disparities in federal criminal cases. American Law and Economics Review, 17(1), 127–159. https://doi.org/10.1093/aler/ahu010

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Consistent with prior research, females were treated more leniently than males for multiple outcomes. Females received lower bond amounts and were less likely to be held before trial in comparison to males (Demuth & Steffensmeier, 2004; Turner & Johnson, 2006). Additionally, convicted females were less likely to be sentenced to prison.4 (pg.414)

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Goulette, N., Wooldredge, J., Frank, J., & Travis, L., III. (2015). From initial appearance to sentencing: Do female defendants experience disparate treatment? Journal of Criminal Justice, 43(5), 406–417. https://doi.org/10.1016/j.jcrimjus.2015.07.003

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As expected in our first hypothesis, female defendants received more lenient sentence outcomes than their similarly situated male counterparts. Second, legal factors accounted for a considerable portion of the gender gap in sentencing. However, even after accounting for these legal factors, a sizeable gender gap remained in that male defendants continued to be sentenced more harshly than their female counterparts (pg.261)

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Doerner, J. K., & Demuth, S. (2014). Gender and Sentencing in the Federal Courts: Are Women Treated More Leniently? Criminal Justice Policy Review, 25(2), 242–269. https://doi.org/10.1177/0887403412466877

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disparities are primarily generated by departures from the guidelines, rather than differential sentencing within the guidelines. Departures produce about 55 percent of the black-white difference and 70 percent of the male-female difference. (pg.285)

One important result from Table 6 is that females receive even shorter sentences relative to men than whites relative to blacks. The discrimination literature generally argues that females are objects of discrimination and receive worse outcomes. In sentencing, however, women receive better outcomes, consistent with women’s being treated paternalistically in court. Although some contend that the sentencing guidelines harm women,58 studies have usually concluded that females are sentenced more leniently than males.59 (pg.302)

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Mustard, D. B. (2001). Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. The Journal of Law & Economics, 44(1), 285–314. https://doi.org/10.1086/320276

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Data for the current study do not support the theory of reverse chivalry. Women are not sentenced any more harshly than men, and in fact, it appears as if the criminal justice system actually treats women more leniently than men. Although there is no support in the current study for the evil woman hypothesis, it can be argued that the current study reveals evidence lending support to the chivalry hypothesis. When all variables, sex, sentence length, and offense category, were considered, a significant difference was recognized in sentence length, and mean sentence length for men was longer, indicating a harsher penalty for the same or similar offense. Standardized scores for length of sentence with regard to sex offenses in general showed a mean of 8.42 for men as opposed to 7.92 for women. In addition, those specific offenses, which found a significant difference in sentence length, rape, child sexual assault, and forcible sodomy, showed a mean standardized sentence length of 9.38, 7.88, and 9.04 for men, as opposed to 8.83, 7.41, and most notably, 6.23, respectively (Table 2). In no instance were women sentenced to longer or more severe sentences with regard to any sex offense. Furthermore, not all sex offenses are the same… Even after the implementation of sentencing guidelines to ensure equality in sentencing regardless of demographic characteristics, men continue to receive disproportionately higher sentences for a variety of offenses, including sex offenses. This leads to the supposition that women, regardless of the departure from social and gender norms committed in concurrence with the offense for which they are being sentenced, continue to be viewed as individuals who should be protected by the justice system. Obviously, as a social institution, the criminal justice system is reluctant to break those social norms and gender roles in response to atypical gendered behavior. (pg.158)

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Embry, R., & Lyons, P. M. (2012). Sex-Based Sentencing: Sentencing Discrepancies Between Male and Female Sex Offenders. Feminist Criminology, 7(2), 146-162. https://doi.org/10.1177/1557085111430214