Globally, rape is an occurring crime that victimises not only women but also children and men (Starman, 2009). From the legal perspective, rape is defined as the ‘vaginal, anal or oral penetration involving force, lack of consent or threat of force’ (Marvasti, 2004: 26). Elsewhere, rape has been defined as a form of sexual intercourse against the wish or the victim or by threat of harm. From the clinical perspective, most practitioners contend to the definition that rape is any form of forced sexual contact.
Positivist
The positivist theory is offender focused and examines the trait distinctions between offenders rather than the criminal acts. This school of thought determines how these differences predispose one towards criminality (White & Haines, 2003). Positivism proposes that the root causes of crime lay in human biology. Williams and McShane (1999:32) stress that the primary characteristics of positivist criminology thought are a deterministic view of the world, a focus on criminal behaviour. Positivists believe that human behaviour is fashioned by
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Classicism views human behaviour as fundamentally rational in nature and suggests that people have the ability to choose right and wrong because they have free-will in making decisions; violators are responsible for their own actions and crime is not due to pre-destiny. The criminal is a conscious agent, not someone who is so besieged by internal and/or external forces as to lose their sense of reason. The classical theory presupposes that the major element governing a person’s choice of action is to obtain gratification and avoid pain (Bartol 1995:12; Glick 1995:71; White & Haines 2001:29). Maguire & Radosh 1999:23 summarise the core presumptions of this ideology as followed; all individuals seek to maximise what is their own interests (hedonism); rational calculation is used to achieve aims; behaviour is freely chosen; the tendency to seek pleasure often results in
Classical theory states that crime is committed when there are more benefits to committing the crime than punishments. It also states that crime is a choice and is done with free will (Beccaria, 2013). Positivist’s theory says that biological defects are what lead to crime (Lombroso, 2013). Additionally, that criminal’s had
Theorists then sought to figure out another alternative way for understanding the commission of crime, as many began to doubt this theory that crime was a simple characteristic of the human nature. In the nineteenth century the Positivist approach was introduced, which brought a whole new way of thinking about criminals and certain
“Feminism has not prepared them for this,” states Camille Paglia in her essay “Rape: A Bigger Danger than Feminists Know.” The “them” in Paglia’s statement is referring to women, and she is discussing the topic of date rape. Susan Jacoby, on the other hand, writes in her article “Common Decency,” that feminism is not responsible for the rising cases of date rape, but that it is the men who are at fault. Paglia’s argument is insightful and accurate, but Jacoby’s writing is flawed and not well-researched. Paglia includes all rhetorical appeals and persuasive techniques, while Jacoby lacks in some departments of persuasiveness and fills the gap with logical fallacies. Comparing both of these papers will help the reader see why
http://www.safehorizon.org/page/rape--sexual-assault-54.html?gclid=CMDFiLTfrswCFQmSaQodtvMEWQ "Rape & Sexual Assault. " Safe Horizon. Web. 29 Apr. 2016. This website gives you the definition of sexual assault and rape.
Rape is a crime that Americans hear very little about, yet everyone knows that such acts occur frequently. Rape is a very personal form of violence that continuously impacts the victim for years after it occurs, if not for the rest of the victim’s life. The effects of rape, short-term and long-term, can be catastrophic for the victim, causing them physical and psychological damage (Gluck, 2016). I believe that by using the Rational Choice Theory, rape can be eliminated in today’s society by the use of castration as a punishment for offenders and as a deterrence for possible future offenders.
Positivist criminology emerged in the nineteenth century after people stopped relying on pure thought and reason and started to observe and analyze to understand the way things worked. “Positive philosophy was an explicit repudiation or reaction to the critical and ‘negative’ philosophy of the Enlightenment [Classicalist] thinkers” (Bohm 21). Positivism has two main elements: One “is the belief that human behavior is a function of forces beyond a person’s control [and] the second aspect of positivism is embracing the scientific method to solve problems” (Siegel 7-8). . Positivism is known for the use of science and the scientific method in their research. Positivists such as Lombroso, whom is considered the father of criminology, set the stage for examination of external forces
Classical school of criminology is testing and designing a system of punishment that would result in the minimum occurrence of crime. The Classical school also represents the development and application to thinking about crime and the ideas. In general, the will is free, there were no limitations. Hobbes conceived that fear was an elemental drive causing men to form societies and accept the necessary restraints (1958, p. 9.) Apparently upon Hobbes’s thought, fear affected the will of an individual action to commit a crime. In addition, fear of punishment would perhaps prevent crime from occurring. Punishment was a principal method of operating to create fear, and it was necessary to influence the will and to control behavior.
The definition of rape has changed since 1927, with the new nationwide definition from the FBI’s Uniform Crime Report (UCR), the Office of the Attorney General states that, “the penetration, no matter how slight, of the vagina or anus with body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition or rape has not changed since 1927. In 2012, under this new definition, it gives a larger definition as to what facilitates the nature of rape, this includes men as well as women; notwithstanding the victims age of being unable to consent, including the victim’s mental capacity, or being in an incapacitated state due to ingestion of drugs or alcohol (U.S. Department of Justice, 2014). According, to the 2015, Criminal Victimization Report, reports that the rate of
The Positivist School of criminology began in the late 19th century and is still a part of society today. The Positivist School suggests that in order to control crime, you have to use scientific methods to look for the causes of crime. Some important developments the theory included were controlling human behavior, controlling criminal behavior, industrial revolutions, the emergence of modern science, and finally Darwin's theory of evolution. Many assumptions had been made, but a few in particular stood out to be the most important. Theorists said that human nature is determined before you are even born. Also that it is differentiated which means that criminals are different from non-criminals. The five methodologies are based on biological characteristics that may cause the criminals to commit the crimes they based on certain characteristics. The first method is physiognomy. This judges character by facial features as well as physical features. It can be traced back to Ancient Greece and Rome. The second is
As reported by, feminist criminologists, their perspective of rape and sexual assault differ between liberal and radical feminists. Liberal feminists’ viewpoint in regards of rape as a gender-neutral assault on a persons’ autonomy and mainly focusing on the harm that rape can do to an individual. In contrast, radical feminists describe rape as a subject to be recognised and understood as a major pillar of patriarchy; a social system in which men claim the positions of dominance and control of the central norms and values that are linked with masculinity (Johnson, 2005: p. 4-15). The radical feminists believe that rape is a patriarchal structure within male power, thus displaying the harms that rape can do to an individual and as a group of women. Furthermore, the radical feminists approach view rape as male have the control and authority over the use of women’s bodies, which involves the sexual and reproductive. Hence, this is the core element of patriarchy, Radical feminist believe that rape is one of many forms that connects men’s sexual exploitation and violence, as well as, reinforcing women’s oppression (Whisnant, 2013).
Most people would agree that as you grow up you learn by seeing, feeling ,touching , smelling, and hearing . Albert Bandura supports this by a theory he created called the Social Learning Theory (McLeod, 2011). Social Learning Theory is a theory that explains that behavior is learned by your social environment, interactions and observations of others. With this theory I would say it supports opinion in which I would say that rape is not something somebody just decides one day to do. I believe that rape is learned throughout time. There are many social and even media factors that sometimes may come off with the intention that rape is acceptable. In some media factors they may even perceive that being forcibly raped is pleasurable. Movies tend to do it often and sometimes movies don 't realize that what people see on television can sometimes influence people to see these acts as a norm. For instance the fact that a college kid is in a frat and he 's in a party there is a good percentage that he would reenact what television had stereotype frats boys to do. Television would label the frat boys as potential rapist and the human mind would consider that when you take on that role as a frat boy. One of the biggest media factors all the way from television to the internet that for so many years that perceive rape as acceptable is pornography.
In positivist criminology, a person commits a crime because outside factors influenced them. For example, a person is more likely to commit a crime if they live in poverty. In today’s society, it is easier for someone to rob or steal rather than to get a job and work for their money. Not to mention, it is harder for those who live in poverty to get jobs since most employers only want the best of the best working for their company. Living in poverty can also affect a person’s mentality. Trying to figure out how to overcome poverty can be stressful, and this can take a toll on people’s mental health and cause them to commit acts that they wouldn’t have committed if they were in their normal state of mind.
Classical criminology is a way of looking at rational behaviour and free will. This approach was developed in the 18th century and early 19th century and they intended to establish a clear and legitimate criminal justice system based on equality for all. Positivist criminology is based on the understanding of crime and criminology, and its basic concept is based on the decision of behaviour. There are two types of positivists who seek to explain crimes and misinterpretations: biologics and psychological positivism. The origins of positivism and the two interrelated developments started in the nineteenth century.
Webster’s Dictionary describes rape as the crime of forcing another person to submit to sex acts, especially sexual intercourse. Rape is a crime in which most women cannot defend themselves. The fear of rape plagues every woman at some point or another in her life. The traumatic effects of rape vary from mild to severe, from psychological to physical. This paper will evaluate rape, as well as the effects it has on women, the theory behind male dominance and patriarchy, and differences in demographics.
Criminology is the scientific study of crime as an individual and social phenomenon. Criminological research areas include the incidence of crime as well as its causes and consequences. They also include social and governmental regulations and reactions to crime. Nation master.com (2013) highlights that “in criminology the positivist school has attempted to find scientific objectivity for the measurement and quantification of criminal behaviour”. The Positivist School of thought presumes that criminal behaviour is caused by various internal and external factors which are outside of the individual 's control. The scientific method was introduced and applied to the study of human behaviour. Positivism can be broken up into three segments which include biological, psychological and social positivism Nation master (2013)