Tema 5 (2016)Apunte Inglés
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Gender and Criminal Justice System
SESSION 5. Sexual violence
Sexual crime as GBV
o Criminological explanations
o Forms of sexual violence
o Sexual harassment
Definition, types, examples, data
Responses and main criminological concerns
Definition, types, examples, data
Main criminological concerns
Nowadays… Sexual violence:
“Any sexual act or attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to
traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of
their relationship to the victim, in any setting, including but not limited to home and work” (WHO)
Sexual violence as GBV
It can occur to anybody at any age, but most of victims of sexual violence are women and girls.
o Sexual violence against LGTB people (Ex: “corrective rape”) Perpetrators include parents, caregivers, acquaintances (Ex. Teachers, religious authorities) and strangers, as well as intimate partners.
Incarcerated population, sexual crimes, 2014, (Spain) (Población reclusa por delitos contra la libertad sexual, 2014, por sexo).
1 Gender and Criminal Justice System Criminological explanations Biological theories o Sexuality and reproduction o Hetero-normative Sociological theories o Learnt behavior (child abuse). They learnt to abuse by their own experience of abuse.
o Strong patriarchal family structures. They promote a certain view of sex and sexual relations.
o Normative environments (social and legal). After a rape, the marriage repairs it.
Feminist theories Feminist theories Dominance approach (radical feminists): o Discrimination by men against women (men and women are treated differently on the basis of their sex) o Power dynamics in society The problem is basically that discrimination against women is caused because men have the power. Sexual violence as a form to express power and dominance to the victim.
o Harassing behavior and sexual violence are based on sex stereotypes: women as passive / stereotypes about women’s competence.
We live in patriarchal societies where men are strong and women don’t have this strength (they are passive).
Sexual crimes are rarely “crimes of passion”, and are rather aggressive acts that frequently aim to express power and dominance over the victim.
Sexual violence Many crimes are considered forms of sexual violence (but not all forms of sexual violence are considered crimes): o Sexual harassment o Sexual abuse o Rape o Forced marriage o Forced prostitution, etc.
Sexual harassment Is a social practice, that for centuries had no name: o “We can’t expect men to DO right until women dress right” – 1890’s 2 Gender and Criminal Justice System o There is a responsibility on women: they have to behave in a certain way to avoid sexual harassment.
Women’s use of public space: restricted Women should be kept in their place They should be accompanied by someone (a man or a chaperone) / “streetwalker” Single women didn’t have to walk alone in streets, they had to be protected. If women walk alone in the street, seems that they are prostitutes, or mad / insane. It is not normal.
Most frequent types are: o Street harassment or public transportation Sexual harassment has influence in the way that women act.
o In the workplace –recently more regulated o On line (cyber harassment) Internet is a new space where we are finding the same problems that women found some years ago in the public spaces. The added problem is that cyber harassment is anonymous.
Very recently known as “sexual harassment” (1970) 2nd wave feminists Sexual harassment in the FRA survey (EU, 2014) Up to 55% of women have been sexually harassed in the EU.
32% of all victims in the EU said the perpetrator was a boss, colleague or customer.
75% of women in qualified professions or top management jobs have been sexually harassed.
61% of women employed in the services sector have been subjected to sexual harassment 20% of young women (18-29) in EU-28 have experienced cyber-harassment.
We don’t’ have much information about harassment. It is often excused as a cultural practice. When sexual harassment occurs in the streets, no one reacts.
Street harassment Limited statistical and academic research o Formal and informal surveys suggest that the majority of women have undergone some form of street harassment.
Often excused as a cultural practice o Survey in Ottawa, 2013: only 6% of respondents who had undergone street harassment said that bystanders intervened to help them o Not recognized as an unlawful behavior o Social trivialization it is not sexual harassment, it is a women’s ‘lack of humor’ Continuum of GBVAW Violence against women is not the result of random, individual acts of misconduct, but rather is deeply rooted in structural relationships of inequality between women and men…Violence constitutes a 3 Gender and Criminal Justice System continuum across the lifespan of women, from before birth to old age. It cuts across both the public and the private spheres” (Ending Violence Against Women: from Words to Action, UN Secretary General’s Report, 2006) Groping and crime prevention Somehow, touching some women Street harassment may include other forms of sexual abuse / sexual assault, as groping o Prevention campaigns, ex: UK st o Situational crime prevention measures: Ex. Women-only passengers cars (Japan – 1 country, 1912-, Egypt, Brazil, México, Indonesia, etc.) Criticism of segregated transportation Emphasizes women’s responsibility o Women must take care of themselves by avoiding contact with men >> victim blaming The victim of a crime or any type of abusive maltreatment is held as wholly or partially responsible for the wrongful conduct committed against her It may come from legal, medical, and mental health professionals, from the media, immediate family members and other acquaintances Victim blaming can be attributed to the misconceptions about victims, perpetrators, and the nature of violent acts o Victim blaming is frequent in sexual crimes and GBVAW in general Importance… As street harassment is often repetitive (and not treated as a serious offense), it may lead to an increased sense of vulnerability (the feeling that, as a women, you are exposed to this).
That vulnerability probably explains women’s fear of crime o Although traditional victimization surveys demonstrate that young men are at the highest risk for victimization, women consistently report, on average, fear of crime that is three times higher than males (Stanko,1992) Women’s fear of crime This “fear of crime paradox” may fail to capture the lived experiences of women’s physical and sexual violence o The standard approach from analyzing GBVAW as episodic and deviant incidents of extreme cruelty and harm o GBVAW is normative and functional: an everyday context for the lives and experiences of women and girls all over the world In general, different forms of GBVAW (continuum) produce insecurity and fear Women alter their routines to avoid or manage risky situations 4 Gender and Criminal Justice System “The past experiences that women have had with strangers (being followed, receiving unwanted attention, and having received obscene phone calls)and the daily protective routines women engage in, are more salient predictors of fear than more basic demographic variables” (Scott, 2003) FRA Survey (EU, 2014) Paradox Women are affected much less by crime but they have 3x more fear than men.
Sexual harassment in the workplace Workplace is (another) space where historically women have been excluded.
Women have been historically excluded of job market and for this reason; sexual harassment in the workplace is a new issue. It becomes an issue when higher class women join the job market, but previously, women of lower class were already suffering this problem.
Until recently, sexual harassment had not been recognised as a form of “discrimination” or a form of “unlawful” behaviour, but rather was seen as a “private issue”.
EU Equal Treatment Directive Directive 2006/54/EC of 5 July 2006 (Equal opportunities and treatment...) Sexual harassment, Article 2(2): Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment It’s a binding directive for member states Sexual Harassment is conceived as a form of sex discrimination and a violation of dignity employers are encouraged to take preventive measures against sexual harassment and to provide employees with appropriate information on equal treatment for women and men in the workplace Eurofound and European Agency for Safety and Health at Work (EU-OSHA) research Sexual harassment is reported by three times as many women as men.
Employees whose jobs are customer-oriented are more likely to experience sexual harassment (third party violence). There is a concentration of women in these sectors.
Women on fixed-term contracts or temporary agency workers report higher levels than those on indefinite contracts.
Younger employees are more exposed than older ones.
Women in male-dominated sectors are more likely to be harassed.
Rape Rape sexual intercourse or other forms of sexual penetration perpetrated against a person without that person's consent Rape may be accomplished o by fear, threats of harm, and/or actual physical force 5 Gender and Criminal Justice System when the victim is unable to give consent, or is prevented from resisting, due to being intoxicated, drugged, unconscious, or asleep.
Statutory Rape is a sexual relation with a partner who is below the age required to legally consent to engage in sexual intercourse (Spain: 16 years old) o Sexual violence? Historically: o crimes against honour male honour (private property?) o value of women related to virginity Traditional criminal regulation: o Victim had to be virgin or a married woman attacked by a stranger o Marriage after rape was the “resolution” to the rape of an unmarried woman(biblical origin) in criminal law, criminal prosecution would end (“reparatory marriage”) Historical factors Within marriage, there was no rape o Less severe: women servants or low-class o Droit de seigneur: rights allowing the lord to spend a night and have sexual relations with a subordinate woman. “Ius primae noctis” the notion of "first night".
It was a legal right allowing the lord of a medieval estate to take the virginity of his serfs' maiden daughters Sexual violence? Historically: o Rape: “carnal knowledge” of a woman when achieved by force by a man other than her husband.
o Married women could not withhold sex from their husbands. Similarly, enslaved women could not refuse sex with their masters or testify against them in court.
(Historically?) it was necessary: o Evidence of physical injuries to prove resistance o Corroborative testimony that a woman had cried out Factors involved: woman’s reputation and behaviour, social class or race of suspect, etc.
Data on rape Victimization Surveys o Ex: USA, Data from the National Crime Victimization Survey (NCVS), 2005-2010: Women age 34 or younger, who lived in lower income households, and who lived in rural areas highest rates of sexual violence 6 Gender and Criminal Justice System o o o USA (2015) nearly 1 in 4 women on campuses are sexually assaulted before graduation.
78% of sexual violence involved an offender who was a family member, intimate partner, friend, or acquaintance.
FRA, EU 2014: 5% of all women have been raped.
Almost one in 10 women who have experienced sexual violence by a non-partner, indicate that more than one perpetrator was involved in the most serious incident.
12% had childhood experiences of sexual violence, of which half were from men they did not know.
Who’s the perpetrator? Perpetrator o Stranger o Gang rape o Acquaintance Date rape o Partner Marital rape Recently recognized as rape The traditional stereotype on rape is that it is committed by strangers.
Victims of rape Mostly women and girls Rape against LGBT people: o Ex. Brandon Teena case (USA, 1993): transgender man (woman to man) raped by his “friends” when they discovered he wasn’t “really” a man o Corrective rape: aimed at “curing” lesbians or gays of their sexual orientation Men in prison.
Women’s prisons are less violent than men’s.
Social factors Social learning theory / Stereotypes: cultural traditions (imitation), rape myths (e.g., “women secretly desire to be raped”, women lie, “no means yes”, women’s provoke men, etc.) Sanday(1981): o Rape-free cultures (ex. Tuareg, Mbutii Ashanti)/ rape-prone cultures o In rape-prone cultures men use rape to dominate or punish women Western societies depict rape as a sexually violent act performed by a stranger, often in the dark at a secluded location that is not the reality of most rapes 7 Gender and Criminal Justice System Social perceptions Myths on rape “Attitudes and beliefs that are generally false but are widely and persistently held, and that serve to deny and justify male sexual aggression against women” (Lonsway & Fitzgerald, 1994) Several studies show that men have more rape myth supportive beliefs than women Rape myth scale (RMS, Burt, 1980) A woman who goes to the home or apartment of a man on their first date implies that she is willing to have sex.
One reason women falsely report rape is that they frequently have a need to call attention to themselves.
Any healthy woman can successfully resist a rapist if she really wants to.
When women go around braless or wearing short skirts and tight tops, they are just asking for trouble.
In the majority of rapes, the victim is promiscuous or has a bad reputation.
If a girl engages in necking or petting and she lets things get out of hand, it is her own fault if her partner forces sex on her.
Women who get raped while hitchhiking get what they deserve.
Many women have an unconscious wish to be raped, and may then unconsciously set up a situation in which they are likely to be attacked.
If a woman gets drunk at a party and has intercourse with a man she’s just met there, she should be considered ‘fair game’ to other men at the party who want to have sex with her too, whether she wants to or not.
If the victim of sexual assault was drinking alcohol (or willingly took drugs) at the time of the incident, it is partially his or her fault that the sexual assault occurred.
Rape myths acceptance Ward, 1995 In Canada, USA, Mexico, Turkey, Israel less than 50% of students believed that male perpetrators are responsible for occurrences of rape 60% of USA university students agreed that women who go out alone are placing themselves at risk of rape Several studies show that men have more rape myth supportive beliefs than women Consequence disbelief on women 8 ...