Tema 6 (2016)Apunte Inglés
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Gender and Criminal Justice System
o Often experienced by rape victims
“Rape is the biggest trauma ever” In fact, it isn’t true, different studies show that rape is not the
worst experience with crime.
o Stigma the affected person is disgraced, dishonoured or otherwise tainted by the rape Negative social reactions o Victims use of alcohol at the time of assault o Victimization by acquaintances o Marital rape victims Negative reactions by formal support providers o Victim blaming responses o Disbelief Es importante cómo se pregunta a las víctimas: Si se pregunta si han sido forzadas, se obtendrá un mayor número de respuestas afirmativas que si se pregunta si han sido violadas. Causa: el fuerte estigma asociado a la violación.
En ocasiones, las preguntas a mujeres que han sido violadas se centran en la credibilidad de la víctima.
Ejemplo: policía pregunta si están mintiendo Rape prone culture: o 10 November 2011: The Supreme Court of Israel confirmed Moshe Katsav's conviction and punishment Vladimir Putin reaction: "He turned out to be a strong man, raped 10 women”. "I never would have expected it of him. He has surprised us all, we all envy him! CJS responses Main concerns (Problems): o Low reporting rates. Por el hecho de ser un crimen sexual y por el hecho de que los autores suelen ser conocidos de la víctima. Cuando el autor es desconocido, se denuncia más.
o Secondary victimization: all those behaviors that the victim of a crime are suffering just for the fact of going through the criminal process of the CJS.
o High attrition rate (lost cases). Attrition is the rate of cases that are lost, that will not end in a trial.
We have to focus in the problems of CJS in these cases.
o Sentencing and recidivism (reincidencia) Also related to rape myths 1 Gender and Criminal Justice System Low reporting rates USA: Sexual assault is one of the most under reported crimes, with 60% unreported.
UK: Only 11% of rapes are reported o Fear of disbelief, of blame / judgement (based on rape myths), of family and friends knowing/public disclosure o Distrust of the police / courts / legal process o Fear of further attack / intimidation o Divided loyalty (current / ex-intimates). According to their thought, women should have loyalty to the perpetrator because it is a family member or an acquaintance. They feel love for this person (he’s a good person).
o Language / communication issues.
Sexual violence and secondary victimization The re-traumatization of the sexual assault, abuse or rape victim, as an indirect result of assault which occurs through the responses of individuals and institutions to the victim. (Campbell et. al., 1999) Secondary victimization includes o Victim blaming (ex. related to rape myths) o Inappropriate behavior or language by legal or medical personnel and by other organizations with access to the victim post assault o Victims who suffer secondary victimization risk for developing PTSD Examples of secondary victimization (I) The refusal to recognize their experience as criminal victimization o Victim characteristics. The idea that victims are too strong/too ugly to being raped. “It is about physical force”. It is not about being attractive.
o It does not seem as “real rape” (Estrich, 1987) Committed by strangers Causing injuries or using weapons “Real rape” must be committed by strangers in a dark place and causing injuries or using weapons.
o Intrusive or inappropriate conduct by police or other criminal justice personnel Examples of secondary victimization (II) Intrusive or inappropriate investigation: o Is date rape, rape? o Consent and previous sexual behaviour of the victim o Testifying in court (cross examination). It is a difficult experience for the victims. The cross examination is very hard. They’re trying to focus on those aspects that probably talk about the bad behavior of the victim.
2 Gender and Criminal Justice System o o The victim perceives difficulties in balancing their rights with those of the accused or the offender Criminal justice processes and procedures do not take the perspective of the victim into account (directive approach / not empowerment approach) Importance of counteract secondary victimization At the individual level: o Potential psychological benefits derived from participation in legal processes o Some studies show victims may feel safer (if the perpetrator is found guilty and punished for the crime) sense of security also at community level At the CJS level: o Increase in reporting rate and decrease of attrition rate in sexual crimes Secondary victimization: consequences for the CJS Low reporting rate o Diverse reasons High attrition rate o Withdrawal, acquittal rates o Disbelief of victim’s account Attrition rate in sexual crimes Attrition rate in rape: UK data: o the highest proportion of cases is lost at the earliest stages Between 50 and 75% dropping out at the investigative stage(at the beginning). E.g. lack of evidence) Withdrawal by complainants is one of the most important elements (34%) –mostly when the perpetrator is known to the victim, and above all, when he is a partner or ex-partner Attrition rate in rape: UK data: o 12% of all reported cases reached the trial stage o Around 50% of all convictions were due to guilty pleas rather than verdicts o In cases where a full trial took place an acquittal was more likely to be the outcome than a conviction o The acquittal rate in trials involving adults was twice as high as in those involving under-16s España no tiene datos sobre attrition porque no hay información oficial.
3 Gender and Criminal Justice System There is a big difference between the cases reported and those prosecuted.
Hay quien considera que la diferencia se debe a que los datos son falsos. Esto no se sabe, se puede deber a una falta de evidencia (Lack of evidence). Por ello, es necesaria la investigación (Research).
Sentencing Prison o Treatment in prison: sex offenders are highly heterogeneous and not all of them are at high-risk for re-offending o Challenges for treatment disclosure problem Post release measures o Sex offender registration o Supervision –reduce recidivism– UK, USA, Canada Miracle village (Florida, USA) Problem: are convicted sex offenders the most “dangerous” sex offenders? Sex offender risk assessment recidivism research has to be placed in the context of attrition in the CJS o Minority of cases that secure conviction are not reflective of the most common or injurious forms of sexual violence experienced by women and children (“real rape” vs. simple rape) Strangers: social class, previous convictions or arrests, substance abuse, etc.
But women assaulted by partners are at higher risk of repeat victimization 4 Gender and Criminal Justice System SESSION 6. Gender related and sexual violence during armed conflicts Contents: Gender based violence and sexual violence in armed conflict o Historical approach Current legal framework o International Criminal Court o Definitions of crimes and rules of evidence and proceedings VAW and armed conflict Women and girls suffer armed conflict impact disproportionately o particularly vulnerable to gender-based and sexual violence o health consequences o women and children constitute the majority of the world’s refugees and IDP o availability of weapons Historical practice over the centuries o “Rights” of conquerors Masculinity and military institutions o Ex. sexual harassment cases in US military institutions International humanitarian law o The Hague Conventions (1907) protection of “family honour and rights” o The Geneva Conventions (1949) protection of women 4th Geneva Convention Art. 27 treats violence against women as a crime of honour rather than as a crime of violence: “[w]omen shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault”.
VAW and armed conflict Second World War “comfort women” (sex slaves for Japanese soldiers) Statutes of Nuremberg and Far East tribunals fail to include rape International Criminal Tribunal for the Former Yugoslavia (ICTY) and Rwanda (ICTR) listed rape among the crimes against humanity 5 Gender and Criminal Justice System VAW crimes as international crimes: Historical evolution If hope were enough (Documental) 6 ...