Sexual offence is a serious crime in the society, according to Krug et al. (2002, cited in Burgess, Regehr & Roberts 2013: p.359), sexual offence is “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or by any person, regardless of their relationship to the victim, in any setting, including but not limed to home and work”. When a crime happens, victim always shares an important role in it. In some cases such as rape, victim is the major element of the crime. However, not every victim shares the equal status through the investigation and receives same response from the public even there are clear-cut statements to define what is sexual offence and the rights of victim. There are subjective opinions and …show more content…
Who should or should not suffer from the crime is socially conceptualize regarding to victim’s background and the social morality. These concepts largely influence the norm of thinking and the criminal justice system.
Refer to the news article of an impaired 10 years old girl raped by a taxi driver, the case and the accuse are very valid. And rape case which involve child victim will more likely to be draw public attention and sympathy because children are supposed to be protected and treated differently compare with adults. Children are believed to be immature. Therefore adults can utilize their benefits on their immaturity and can abuse the child physically, socially, sexually and emotionally (Groth, 1979, cited in Burgess, Regehr & Roberts:
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With regard to the ‘ideal victim’ theory, the victim role and character is built by the police, victims themselves and the general public, which the victim portfolio should be acceptable and satisfy by the norm. The location, time of crime and relationship between the offender and the victim are considered to judge the right and wrong of the victim. Furthermore, victim’s background and his or her personal life have become accountable for their attack. Sexual offense no longer becomes a straightforward, clear-cut assault between offenders and victims; many variables are now accounted when the public or even the criminal justice system deal with sexual offence. According to Temkin (2002: p.6), “complaints involving prostitutes, women with little injury to show or who have delayed reporting, are likely to be considered unconvincing cases and victims”. Due to the victims ‘ jobs and their response, they become the clear candidates for dismissal by the police. Moreover, women of low intelligence or who are severely socially disadvantaged are least likely to be able to withstand a forceful police interrogation. All these unfairness happens just because they do not fit the ‘ideal victim’
The documentary, “Crips and Bloods: Made in America” talks about many social concerns. In the documentary, both discrimination and economics are the main factors for the problems in Southern California. The gangs started because of discrimination. By denying people because of their skin color to join social activities such as the boy/girl scouts is what led to the formation of groups that later turned into gangs. Apart from that, hatred and threats escalated the situations that then turned the gangs into what they are today. According to the documentary, because of the gang rivalry there exists an invisible line that separates the territories of both the Crips and the Bloods. Not only is that the only factor, but also
This essay will explore reasons why females such as Vanessa George turn to the crime of sex offending. Demonstrating my knowledge and understanding of classical criminological theory, exploring biological theories such as penis envy and more contemporary views such as liberation theory within feminism. The essay will then go on to look at the inequalities female sex offenders face within the criminal justice system in comparison with males, using chivalry theory and evil woman theory to explain this.
Gender is predominating in the criminal justice system and sexual assault exemplifies the contrast found between the traditional and non-traditional justice systems employed over time. Sexual assault poses a social threat to all aspects of community, spreading insecurity in 43400 victims across Australia and 13300 victims in NSW alone as indicated in the recent Australian Bureau of Statistics Crime Victimisation Report. (ABS 2011, p. 40) There has also been an increase of sexual assault by 51% since 1995 with an average of 4% every year. (ABS 2010) Another major issue within the boundaries of sexual assault is that it holds one...
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
Sociological Analysis of Sexual Assault This essay will examine the social and cultural conditions, within the macro-diachronic and micro-synchronic theoretical models, that intensify or perpetuate sexual assault. I have chosen only one concept from each model because these are the only concepts that I feel that I can use to most accurately and comprehensively depict causes and reasons for why sexual assault is deeply entrenched in our social structure. I will thus explore, from these ideological viewpoints, some of the motivations and circumstances that lead offenders to sexual assault. I will also fuse some of the historical attitudes from which today's concepts have evolved into our contemporary understanding of these social phenomena. However, it’s important that we look beyond both offenders' motivations and history, and to the greater sociological view, if we are to correctly reconstruct acts of violence such as sexual assault.
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
To conclude, this chapter review promotes 'human rights' and enforcement of new laws in order to make positive changes towards victims of sexual assault and social changes within todays society. Thus, gaining an understanding of rethinking rape law, through an international and comparative perspective.
When the victim does not fit the ideal victim attributes which society has familiarised themselves with, it can cause complications and confusion. Experts have noticed there is already a significant presence of victim blaming, especially for cases involving both genders. The fear of being blamed and rejected by the public is prominent in all victims. Victim blaming proclaims the victim also played a role in the crime by allowing the crime to occur through their actions (Kilmartin and Allison, 2017, p.21). Agarin (2014, p.173) underlines the problem of victim blaming is due to the mass of social problems and misconceptions within society. The offender can have “an edge in court of public opinion” if victim blaming exists, resulting in the prevention of the case accomplishing an effective deduction in court (Humphries, 2009, p.27). Thus, victims will become more reluctant to report offences because of their decrease in trust in the police and criminal justice system, leading to the dark figure of
When the criminal justice system was established, one of the goals was to create neutrality and fairness between the sexes. However, during those times, women were not known for behaving in such manners. If a woman did in fact take part in any criminal activities, those crimes would have been blames on an individual that could of not fought for themselves. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being looked down upon because of their sex. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can behave like men. Society stereotypes women; and, the criminal justice system is no different. When it comes to the stereotyping of women in the criminal justice system, society presents women who are indeed capable of committing such crimes as victims because by doing do they can achieve a lesser sentence or if necessary a longer sentence that will protect them from any harm.
When the criminal justice system was established, the main objective was to create neutrality and fairness between the sexes. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being looked down upon because of their sexuality. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can be strong and courageous just like men. Society stereotypes about women and the criminal justice system are no different. Throughout history, certain crimes have been separated into different categories based on their prevalence.
The question this essay addresses is the difficulty, in convicting rapists and understanding why the conviction level for rape is so low. Proving a rape happened is easier said than done, there are many factors that are critical to contributing to a conviction. Why is the conviction level for rape as low as 6.5%? To comprehend the underlying levels of conviction there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having an non-custodial sentence or being acquitted of a rape charge.
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
The US Military has been one of the most powerful and respected fighting forces in the world; it is also a hotbed for sexual assault. Each year, thousands of men and women take an oath to serve and protect their country and each thousands of military service members are sexually assaulted. “Earlier this week, Pentagon officials released a new report which estimated more than 70 sexual assaults occur in the military each day.”(Shane III) Fear of retaliation, both personal and professional, and humiliation stop many service members from reporting their sexual assaults. Those few that make the bold choice to report incidents of sexual assault often finds themselves disappointed by the outcome; assaults that do get reported have an incredibly low rate of conviction of the offender. The US Military has proven over time that they are incapable of effectively dealing with the sexual assault problem that it faces.
Sexual assault is a worldwide epidemic that has long lasting and devastating effects on the victims. The terms sexual abuse and sexual assault are often used interchangeably. Most often the term “sexual abuse” is used when the victim is under the age of 18 and “sexual assault” is used when the victim is over the age of 18. For the purposes of this paper, “sexual assault” will be most often used as this provides a better description of the impact it has on the victims. Women are more often the victim than men; however, all races, cultures, and societies are affected by sexual assault and child sexual abuse (Davies and Jones, 2013). It is nearly impossible to determine exactly how many women have been victimized. There are two primary reasons that make such estimates difficult. First, there are so many different definitions and terms used to describe sexual abuse and assault and definitions vary from state to state (Holcomb and Holcomb, 2011). According to Holcomb and Holcomb (2011, p 27), sexual assault is used as an overarching term, encompassing a large number of sexual behaviors – physical, verbal, and psychological – that violate the health and well-being of an individual. Holcomb and Holcomb (2011) provides their own definition of sexual assault as “any type of sexual behavior or contact where consent is not freely given or obtained and is accomplished through force, intimidation, violence, coercion, manipulation, threat, deception, or abuse of authority” (p. 28). In contrast to Holcomb and Holcomb’s broad definition of sexual assault, many researchers advocate for a more narrow interpretation to prevent over reporting, thus inflating statistics (Holcomb and Holcomb, 2011). The Lancashire Sexu...
As we entered the emergency room, I could smell alcoholic based cleaning fluid and sterile, latex gloves. We made our way over to the counter. I was dragging my feet. When the woman at the reception desk asked me what was wrong I broke down. I couldn’t answer. Ami stepped in and whispered to the woman that I had been “sexually assaulted.” Paleness took the healthy glow from the woman’s face.