Tema 5 (2016)

Apunte Inglés
Universidad Universidad Pompeu Fabra (UPF)
Grado Criminología y Políticas Públicas de Prevención - 3º curso
Asignatura Gender and Criminal Justice System
Año del apunte 2016
Páginas 8
Fecha de subida 13/04/2016
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SEXUAL VIOLENCE 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” (World Health Organization, WHO).
SEXUAL VIOLENCE AS GBV It can occur to anybody at any age, but most of victims of sexual violence are women and girls.
- Sexual violence against LGBT people (Ex: ‘corrective rape’).
Perpetrators include parents, caregivers, acquaintances (ex. teachers, religious authorities) and strangers, as well as intimate partners.
CRIMINOLOGICAL EXPLANATIONS Biological theories - sexuality and reproduction - Hetero-normative (=of, relating to, or based on the attitude that heterosexuality is the only normal and natural expression of sexuality) Sociological theories - Learnt behavior (child abuse) - Strong patriarchal family structures - Normative environments (social and legal) Feminist theories: Dominance approach (radical feminists): - Discrimination by men against women (men and women are treated differently on the basis of their sex) - Power dynamics in society.
- Harassing behavior and sexual violence are based on sex stereotypes: women as passive / stereotypes about women’s competence.
- 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): - sexual harassment or abuse - rape - forced marriage - forced prostitution, etc.
SEXUAL HARRASSMENT Is a social practice that for centuries had no name: “We can’t expect men to DO right until women dress right” -1890’s 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” Most frequent types are: - street harassment or public transportation - in the workplace –recently more regulated - on line (cyber harassment) Very recently known as “sexual harassment” (1970)2ndwave feminists SEXUAL HARASSMENT IN THE FUNDAMENTAL RIGHT AGENCY (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.
STREET HARASSMENT Limited statistical and academic research We don’t have much information - Formal and informal surveys suggest that the majority of women have undergone some form of street harassment Often excused as a cultural practice - Survey in Ottawa, 2013: only 6% of respondents who had undergone street harassment said that bystanders intervened to help them - Not recognized as an unlawful behavior - Social trivialization women ‘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 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 Street harassment may include other forms of sexual abuse / sexual assault, as groping - Prevention campaigns, ex: UK - Situational crime prevention measures: Ex: women-only passengers cars (Japan 1stcountry, 1912-, Egypt, Brazil, Mexico, Indonesia, etc.) CRITICISM OF SEGREGATED TRANSPORTATION Emphasizes women’s responsibility - Women must take care of themselves by avoiding contact with men >> victim blaming o 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 o It may come from legal, medical, and mental health professionals, from the media, immediate family members and other acquaintances o Victim blaming can be attributed to the misconceptionsabout victims, perpetrators, and the nature of violent acts Victim blaming is frequent in sexual crimes and GBVAW in general IMPORTANCE OF THE STUDY OF STREET HARASSMENT / VIOLENCE As street harassment is often repetitive(and not treated as a serious offense), it may lead to an increased sense of vulnerability That vulnerability probably explains women’s fear of crime - 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 - The standard approach from analyzing GBVAW as episodic and deviant incidents of extreme cruelty and harm - 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 - “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) SEXUAL HARASSMENT IN THE WORKPLACE Workplace is (another) space where historically women have been excluded.
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 EUROFOUNDAND 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: - by fear, threats of harm, and/or actual physical force - 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) SEXUAL VIOLENCE? Historically: - Crimes against honour male honour (private property?) - Value of women related to virginity Traditional criminal regulation: - Victim had to be virgin or a married woman attacked by a stranger - 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: - less severe: women servants or low-class - Droitde seigneur: rights allowing the lord to spend a night and have sexual relations with a subordinate woman. “Ius primaenoctis” 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: - Rape: “carnal knowledge” of a woman when achieved by force by a man other than her husband.
- 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.
It was necessary: - Evidence of physical injuries to prove resistance - 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 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 - 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.
VICTIMS OF RAPE - Mostly women and girls - Rape against LGBT people: Ex. Brandon Teenacase (USA, 1993): transgender man (woman to man) raped by his “friends” when they discovered he wasn’t “really” a man - Corrective rape: aimed at “curing” lesbians or gays of their sexual orientation 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): - Rape-free cultures (ex. Tuareg, Mbutii Ashanti)/ rape-prone cultures - 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.
SOCIAL PERCEPTIONS The Stigma associated with rape is strong.
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 - 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 SOCIAL PERCEPTIONS Stigmatization It’s not the prejudice what we should face but the source where it’s born.
- Often experienced by rape victims - Stigma the affected person is disgraced, dishonoured or otherwise tainted by the rape Negative social reactions - Victims use of alcohol at the time of assault - Victimization by acquaintances - Marital rape victims Negative reactions by formal support providers - Victim blaming responses - Disbelief CJS RESPONSES Main concerns - Low reporting rates - Secondary victimization - High attrition rate (lost cases) - Sentencing and recidivism (=reincidencia) LOW REPORTING RATES USA: Sexual assault is one of the most under reported crimes, with 60% unreported UK: Only 11% of rapes are reported People don’t report because of: - fear of disbelief, of blame/judgment (based on rape myths), of family and friends knowing/public disclosure - distrust of the police/courts/legal process - fear of further attack/intimidation divided loyalty (current/ex-intimates) 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 - victim blaming (ex. related to rape myths) - inappropriate behavior or language by legal or medical personnel and by other organizations with access to the victim post assault Victims who suffer secondary victimization risk for developing PTSD EXAMPLES OF SECONDARY VICTIMIZATION The refusal to recognize their experience as criminal victimization - victims characteristics - it does not seems as “real rape” (Estrich, 1987) - committed by strangers Real rape must be committed by strangers and using weapons - causing injuries or using weapons Intrusive or inappropriate conduct by police or other criminal justice personnel Intrusive or inappropriate investigation: - Is date rape, rape? - Consent and previous sexual behaviour of the victim - Testifying in court (cross examination) - 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: - Potential psychological benefits derived from participation in legal processes - 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: - Increase in reporting rate and decrease of attrition rate in sexual crimes SECONDARY VICTIMIZATION: CONSEQUENCES FOR THE CJS Low reporting rate - Diverse reasons High attrition rate - Withdrawal, acquittal rates - Disbelief of victim’s account ATTRITION RATE IN SEXUAL CRIMES Attrition rate in rape: UK data: The highest proportion of cases is lost at the earliest stages - Between 50 and 75% dropping out at the investigative stage (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 - 12% of all reported cases reached the trial stage - Around 50% of all convictions were due to guilty pleas rather than verdicts - In cases where a full trial took place an acquittal was more likely to be the outcome than a conviction - The acquittal rate in trials involving adults was twice as high as in those involving under16s SENTENCING Prison - Treatment in prison: sex offenders are highly heterogeneous and not all of them are at high-risk for re-offending - Challenges for treatmentdisclosure problem Post release measures - Sex offender registration - Supervision –reduce recidivism–UK, USA, Canada - Miracle village (Florida, USA) Problem: are convicted sex offenders the most Sex offender risk assessmentrecidivism research has to be placed in the context of attrition in the CJS - 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) o Strangers: social class, previous convictions or arrests, substance abuse, etc.
o But women assaulted by partners are at higher risk of repeat victimization ...