Author: Tammie Rebecca Foster
Foster, Tammie Rebecca, 2025 The Intersection of Autism and Law: Remorse Assessments and Diagnosis Considerations in Sentencing, Flinders University, College of Education, Psychology and Social Work
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A key concern in the legal evaluation of autistic offenders is the potential impact of autism-related characteristics on assessments of remorse. Research shows that differences in social communication, central to autism, can lead to misconceptions about emotional expressions (Allely, 2015; Hepworth, 2017). Such misconceptions may negatively affect evaluations of an individual’s mental state and moral character due to a lack of understanding of autism (Gardner et al., 2019; Maras et al., 2017). This issue is particularly significant when behavioural evidence is used to assess remorse, which is crucial in sentencing. Many jurisdictions in Australia and abroad encourage courts to consider an offender’s conduct during the trial as an indication of remorse (e.g., Sentencing Act 1991, Vic).
In this thesis, I explore the interplay between autism, social perception, and judicial sentencing, illuminating how these factors converge to shape legal outcomes. Chapter 2 consists of an analysis of the social interaction challenges faced by autistic individuals, focusing on how misconceptions about their behaviour impact their acceptance in high-stakes environments like the criminal justice system. Through a systematic review and meta- analysis, I reveal the detrimental effects of these misconceptions on impression formation, social context, and the ramifications of diagnostic disclosure.
Chapter 3 presents a study on custodial sentences for autistic offenders, uncovering potential biases and disparities in sentencing compared to the general population, particularly in sexual assault cases. Chapter 4 conducts a detailed examination of sentencing cases involving offenders with autism to assess the influence of perceived remorse on judicial decisions. Findings indicated significant variability in the interpretation of remorse and its implications for sentencing length. Chapter 5 further analyses factors influencing judicial assessments in the same sentencing cases, revealing the critical role of perceived remorse and the often-unclear distinction between mitigating and aggravating factors.
Finally, Chapter 6 investigates evaluations of autistic and non-autistic individuals portraying offenders in a mock sentencing scenario. Autistic offenders are rated less favourably on measures of remorse, moral culpability, rehabilitation, and offence severity, receiving longer sentences. This study pilots the Offender Remorse Evaluation (ORE) measure to understand the mechanisms behind remorse evaluations. Comprising 17 items across four dimensions, the ORE aims to shed light on why individuals with autism are perceived as less remorseful. Factor analysis and qualitative responses from participants provide valuable insights into how autistic testimonies differ from those of their non-autistic counterparts.
Overall, this thesis highlights the profound impact of societal perceptions of autism on legal outcomes, emphasising the need for judicial awareness and education to ensure fair treatment of autistic offenders in the legal system. By identifying biases and misconceptions, I advocate for the development of tailored evaluation tools and guidelines that consider the unique communication styles of autistic individuals, ultimately promoting more equitable sentencing practices.
Keywords: Autism, Remorse, Sentencing, Criminal Justice
Subject: Criminal Justice thesis
Thesis type: Doctor of Philosophy
Completed: 2025
School: College of Education, Psychology and Social Work
Supervisor: Robyn Young