Feminist perspective in criminology is dedicated to examining crime in a way that acknowledges how women experience crime both as offenders and victims. Because rape is a crime that primarily victimises women, it is important to draw on the feminist perspective when analysing it.
In New Zealand legislation, rape is defined by Section 128(2) of the Crimes Act 1961 as:
“Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.” but by limiting the legal definition of rape to “intercourse without consent”, the violent nature of sexual assault is being ignored in favour of seeing it simply as illegal sex. By defining rape this way we are not acknowledging the fact that rape is used as a tool to dominate and control the victim and that prevents us from addressing the issue of rape in an appropriate way (Cook & Jones, 2007). In New Zealand we have a rape culture that comprises much more than just the physical act of rape. In order to address rape culture we must look beyond rape as a crime and examine our attitudes towards rape, towards victims of rape and towards women in general.
Buchwald, Fletcher and Roth (2005) define rape culture as “a complex set of beliefs that encourages male sexual aggression and supports violence against women” (p. vii). It is
And most of types of crime committed by women are also committed by men and to a large extent both sexes live in the same environment and are subject to the same types of peer group pressures and effects on upbringing. There are a number of different strands of feminism each of which has impacted on criminology in different ways. Liberal feminism views women as an equal part of society. It centers on rights and non-discrimination. Criminology much of the work of this group has been associated with a study of the discriminatory practices of the criminal justice system,
According to Marshall University’s Women Center, the definition of rape culture is “an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture.” (“Rape Culture.”) This can be found in ideas such as victim-blaming, trivialization of assault, and pressure for individuals to adhere to strict gender roles. This culture is
The United States criminal justice system, an outwardly fair organization of integrity and justice, is a perfect example of a seemingly equal situation, which turns out to be anything but for women. The policies imposed in the criminal justice system affect men and women in extremely dissimilar manners. I plan to examine how gender intersects with the understanding of crime and the criminal justice system. Gender plays a significant role in understanding who commits what types of crimes, why they do so, who is most often victimized, and how the criminal justice system responds to these victims and offenders. In order to understand the current state of women and the way in which gender relates to crime and criminal justice, it is first
Many individuals might wonder, what is rape culture? “Rape Culture is an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture. Rape culture is perpetuated through the use of misogynistic language, the objectification of women’s bodies, and the glamorization of sexual violence, thereby creating a society that disregards women’s rights and safety.” Most women limit their behavior because of the existence of rape. (Marshall University)
The involvement of females in crime and as the committers of crime was once a rare phenomenon but in recent years a dramatic increase has been seen all over the world. In England and Wales statistics have shown between 1994 and 2006 female crimes have steadily increased and have since continued to do so (MOJ 2009). Many sociological explanations and interpretations have arisen to coincide this surge in female offending as to understand its recent development in society. This assignment will look at different feminist explanations and critically evaluate them and their value in understanding female crime.
Female Criminality consists of several outdated statistics regarding the rise of female offending. However, in viewing the current research on the subject, it appears that the overall theme of this dissertation's discussion is still relevant despite changes in the accompanying statistics as seen in viewing the following topics: the rise in female offending; the continual rise that females are committing more crimes than men; and the types of crimes that women are committing. In viewing Bruce Gross's 2009 article, "Battle of the Sexes: The Nature of Female Delinquency," as well as Elizabeth Cauffman's 2008 article, "Understanding the Female Offender," one can begin to see where current statistics regarding the female criminal lie.
The acceptance of rape myths and sexual scripts are also major contributors to the thriving rape culture. Rape myths are the false but commonly-held beliefs about rape, and they are closely related to sexual scripts, the culturally established prototypes for how sexual encounters should proceed. Both of these elements support the act of rape and promote the victim blaming and normalization that rape culture entails. Key rape myths include: 1. Husbands can’t rape their wives, 2. Men must engage in sex once sexually aroused 3.Women ask to be raped 4. Rapist are different from most other men 5. Women enjoy rape 6. Women lie about being raped. These incorrect principles can be traced to the patriarchal system that accepts and fosters rape as an
The term ‘rape culture’ was coined by feminists in the United States in 1970. The term itself was designed to illustrate the ways in which society blamed victims of sexual assault, and how the normalization of male sexual violence was acceptable. Rape culture can stem from the acceptance of rape as a daily occurrence, manifested as a male prerogative. There is a hesitation by the authorities to go against the patriarchal cultural norms, hence linking nonconsensual sex to the cultural disposition of society. The patriarchal perspective of rape culture, embedded with gender inequality and misogyny are passed through generations which ultimately leads to the extensive institutional and social acceptance of rape. Actions which advocate sexist ideals are utilized to justify and validate normative misogynistic perceptions. Rape culture sexualizes violence inflicted upon women, as it serves as a continuum of a society which views a women’s body to be sexually available by default, deriving from the overall domination and objectification of a female. The underlying cause of rape culture is localized as it based upon the social aspects of culture. For example, countries with a prolific ‘war culture’ tend to emphasize violence and masculinity, and therefore rape is viewed as a normal facet of society. I intend to parallel the element of rape culture to the enforcement of social rules and the conditioning of gender roles. I plan on analyzing the notion that within the encompassment of
Also, “Feminist researchers have criticised the above approaches, suggesting that examining victims’ behaviour for its role in the perpetration of a crime may constitute blaming the victim, thereby holding them responsible for their plight.” (Spalek, B 2006). Feminist would also criticize the way in which the positivist approach uses victim perception to address rape victims. They would argue that this leads to victim blaming and lack of trust within the criminal justice system, this could then results in secondary victimisation.
As the most prominent charge to come here, rape was originally defined by Hume as: “the knowledge of the woman’s person forcibly and against her will”. Rape was then defined in the current edition of Gordon as: “the carnal knowledge of a female by a male person obtained by overcoming her will”. However, both definitions have been long replaced by the current definition set out in the Sexual Offences (Scotland) Act 2009, which differs quite significantly from Hume’s and Gordon’s definitions, to one of a more practical approach. In section one of the 2009 Act it defines the charge of rape as the penetration by an individual’s penis, of the vagina, anus or mouth without the consent of the second individual and without any knowledge that the second individual is consenting or is reckless to whether consent has taken place. Hume’s old law definition was gender specific and required force for the crime of rape to be
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).
“Radical Feminism offers systematic analysis of the nature of women’s oppression including the way it is sustained through law and criminal justice processes. It is not only to understand male dominance and control of women and but also to end it.”
Feminist scholarship has argued that rape ideology encourages and justifies sexual coercion, trivializes sexual violence and demeans and devalues women who have experienced sexual assault. The foundation of this argument is based on women's experiences in patriarchal societies. Due to the fact that
Rape culture is an environment in which social attitudes have the effect of normalizing sexual violence against women and excusing it in the media and other popular cultures. Rape culture attempts to rationalize a continuum of sexual violence that range from sexist remarks to unwanted sexual touching, and rape itself. Rape culture has become so desensitized by society that perpetrators may not be aware of their wrongdoings and victims may not realize they are being victimized. It is a culture in which victims are suppressed when they decide to speak up about their traumatic attack, because they are seen as being dramatic or untruthful while the perpetrator's actions are left unpunished. While the majority of victims are women, rape culture is not solemnly an issue of female oppression, it is a general disconnect between human beings. It is a culture that many of us refuse to accept exist, however there are numerous examples that normalize rape and sexual assault on a daily basis. Rape culture is not a new topic. The term was first used back in the 1970’s by a group of feminist to raise the awareness of the normalization of sexual violence in society. In recent years the topic has become a popular, controversial issue and has come to permeate virtually every aspect of our lives through media, song lyrics, and everyday jargon.
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.