Gendered Boundaries between Offender and Victim - Research Paper Example

Gendered Boundaries between Offender and Victim Research Question: Despite a blurring of the boundaries between the ‘offender’ and the ‘victim’, there continues to be a gendered distinction between them. Discuss the implications of this for both women and men. Contents Introduction 2 Blurred lines 2 Gendered distinctions and stereotypes 3 Rape law 7 Domestic law 9 Realigning law 12 Impacts of gendered distinctions 13 Female criminals 13 Male victims 14 Collective implications 15 Conclusion 16 Introduction At one time, the victim and the offender existed in discrete categories, with the offender being the individual who had committed the crime. Under this definition, the complexities of a crime were not considered, and perpetrators were considered to be offenders regardless of mitigating factors. However, in recent years, there has been an increased blurring of the boundaries between offenders and victims, with many cases where a perpetrator is considered to fall into both categories. Despite the blurring of these categories, the distinction of offender and victim remains strongly associated with gender. There is an increased tendency for males to be perceived as offenders, and females to be considered victims. The aim of this paper is to discuss the way that these boundaries have blurred, specific areas in law where gendered differences in these boundaries are common and what implications this has for both men and women. Blurred lines For many crimes, boundaries between the victim and the offender are no longer clear, and individuals may occupy both roles. One of the strongest examples of blurred lines between offenders and victims comes in the area of domestic violence. People who are victims of domestic violence for an extended period of time often turn to violence themselves as a method of fighting back or because they do not want to be hurt any more. This perception was presented by Marika Guggisbery at a conference on Violence and the Contexts of Hostility, and is representative of the perceptions of many authors . In this situation, even though the individual is an offender, they are also a victim. Many authors argue that a different approach is needed for offenders who commit crimes as a result of victimisation. One strong writer supports this perspective is Baroness Jean Corston, who wrote The Corston Report, which argues that females are vulnerable within the criminal justice system. She considers that many offenders who were once victims end up in prison as a result of their crimes, even though they pose no threat to society and instead need help . Consequently, it is important to determine how to manage people who are not simply an offender or not simply a victim. Should there be a uniform approach to such cases? On the other hand, would a case-by-case approach be more beneficial? To determine how to approach these boundaries it is important to understand what effect gender has on them. Many authors, particularly feminists, argue that most female criminals turn to crime as the result of extenuating circumstances and need help not punishment. The report by Corston (2007) is an example of the strong focus that has been placed on the rights and needs of females. However, is it reasonable to place females under a different set of guidelines than males, and if this is done, what would this mean for males? To understand this, the first step is to consider the gender distinctions and stereotypes that are present in popular belief and in law. Gendered distinctions and stereotypes While the blurred lines between victims and offenders are beginning to be more widely recognised, there is a significant gender bias in this argument. A large number of authors consider women do not generally commit crimes. If they do so, it is almost always the result of a history of abuse, violence and coercion by males. This perspective is strongly forwarded by Corston (2007), although she is not alone in her perspective. This line of thinking is problematic, as it does not consider the times where violent woman criminals really do exist, and times where men can be victimized offenders. For example, although domestic violence tends to be considered a crime that predominantly affects women, many authors and advocates recognise that males are often the subject of abuse from their partner, which is not spurred on by actions on the part of the male. Most crime stereotypes focus on the way that men behave in the criminal world, and suggest that men are more likely to be criminals and to be intentionally involved in the criminal world. According to a paper published in the Annual Review of Sociology, statistics support this assumption, as there are significantly more male criminals than there are female ones . Indeed, according to Corston, research shows that most women are not involved in crime, and when they do it is often the result of relationship problems, coercion, addition or other similar problems. Such information has strongly driven the perception that female criminals do not exist, or where they do, they are as much victims as they are perpetrators . In contrast, men tend to be viewed as having a criminal nature and highly likely to commit crime. These distinctions have been strongly embedded into social thinking and have resulted in the prevalence of many presumptions and stereotypes. These influence the way that society considers offenders and victims and in some cases, also how they are treated in law. One consequence of these stereotypes is that when a man is accused of a sex crime, it is always taken very seriously, even when the only evidence of criminal activity is the woman’s word versus the man’s. Examples of this can be commonly seen in local newspapers, such as a case in Cowlitz County that recently hit the news. In this situation, an 11-year old girl reported that her father had sexually assaulted her. Despite a lack of evidence, the girl’s father was imprisoned for almost ten years, out of a sentence of 15. He was released in 2012 when guilt prompted his daughter to confess that all the charges were fabricated, as she had felt let down by her father after him and her mother divorced. A highly significant fact about the case is that despite the girl admitting that her father did nothing to her, and all charges against him being dropped, she will not face any charges herself. This is because the prosecutor considers that if the girl, now a 23-year-old woman, was charged; it may discourage girls who had genuinely been assaulted from reporting it . This ruling could also have the effect of encouraging false reporting, as it shows that it is possible for a girl to report rape or molestation due to dislike of an individual and not face any negative repercussions from this. This trend is not limited to children, and there are many cases where teenage or adult women accuse males of rape or molestation when it is not true. The stereotype of women as victims and men as offenders makes this form of accusation easy, and means that innocent males can frequently be ostracised or sent to prison for crimes that they did not commit based on scant or no evidence. In the United States, this is common due to the lack of repercussions for those who falsely cry rape, regardless of their age and intention. However, the United Kingdom takes a different approach to this problem, and women who claim that they have been raped when they have not, can spend time in prison as a result. Such a case occurred in 2010 when a 16 year-old girl claimed that she was abducted and sexually assaulted after a night on town by three 20-year-old men. For those three men, the next few months were terrifying, but their ordeal ended when police detectives found video evidence from the night. The footage showed that the woman voluntarily got in a taxi with the men, and was kissing one of them . Both of these reports were given in newspapers, yet give a significantly different perception of the woman who falsely cried rape, and imply a significantly different treatment. This law can be considered in two ways. Firstly, it allows men who were falsely accused some vindication and is likely to decrease the level of false accusations as there is now a potential punishment. On the other hand, this law is likely to reduce the likelihood of females to report rape, as there may be concern that they have no evidence about what happened. This is concerning, as rape is already significantly under-reported according to a study at the University of Massachusetts . Indeed, studies on crime statistics in the United Kingdom show that most crimes are underreported . This example shows males are stereotyped as offenders in the case of rape cases. As discussed above, this effect is so strong that males in this situation often end up imprisoned without ever having committing a crime, and with little to no evidence suggesting that they did. While the British law allowing false accusers to be prosecuted is a significant step in reducing the effects of these assumptions, this does not address the underlying problem, which is that law can be highly biased in terms of gender. A male and female committing the same crime may be given different sentences, different contributing factors may be taken into account and in some cases, the definition of the crime may differ between males and females. Rape law Rape law is perhaps the most prominent example of gendered law. Rape is a violent crime that results in long prison sentences for those who are convicted, and the stigma of being a sex offender which remains with perpetrators for the rest of their lives. In terms of sentencing guidelines, rape cases are second only to homicide in the length of sentences, and sometimes convicted rapists are given longer sentences than those involved in homicide . Despite the large number of rapes that are thought to occur every year, it is estimated that between two thirds and three quarters of all rapes go unreported . While these statistics are from the United States, similar trends are also present in the United Kingdom. Many women are terrified of reporting rape and feel that the process is painful and ultimately gives little benefit. In 2003, only 7% of all reported cases of rape resulted in a conviction . As discussed above, the perception of males as offenders in terms of rape is strongly established. However, there is also a strong bias against males in terms of law. Rape is often considered to be a crime where females are the victims and males the perpetrators. However, this is not always the case. As discussed above, it is easy for a woman to say that they have been raped due to this stereotype. There is a strong stigma attached to any man who is accused of rape, even when there is no evidence and the accusation is later withdrawn. The focus of modern society on females as the victims of rape has been so strong that it is often accepted that rape can only apply to females. Traditionally in the United States, rape is defined as “carnal knowledge of a female forcibly and against her will”. However, after significant pressure from advocate groups, the FBI has changed its definition of rape to include a number of different forms of penetration. The repercussion of this change is that now both males and females are able to be victims of rape . While this is a change in classification for the purposes of classification under the FBI, state-by-state law differs on what does, and does not constitute rape. In Idaho, rape is defined as occurring when the perpetrator’s penis enters the vaginal, oral or anal opening of a female under specific circumstances . This definition eliminates rape occurring by a male raping a male, or by a female raping a male. In the United Kingdom, consideration of male rape has been present for longer. A newspaper report from 2009 shows that two 17-year-old girls were charged with raping a man .This shows that the United Kingdom law is further advanced in terms of male rape than law in the United States to the point that convictions male rape are possible and do occur. It also shows that United Kingdom law considers the possibility of a woman raping a man, which is possible, as females are able to involuntarily arouse a man. In contrast, the change in United States definition of rape focuses on penetration, thus, it is likely that a female would still be considered unable to rape a male. Indeed, the change in law that recognised male rape as being possible occurred in 1994 according to a report in The Guardian . Male rape tends to be underreported and often not considered in detail. This change in definition has the potential to greatly increase understanding of rape and particularly male rape. There is currently not much information on the prevalence of males as victims of rape. One study estimates the prevalence at 1.4% of men in the United States, while another report suggests this may be as high as 3% . In the United Kingdom, males are the victims of approximately 8% of recording rape, and it is estimated that approximately three out of every 20 males are the victims of some form of sexual violence . Both sets of statistics exclude male prison rape, which is considered to be a different issue. An issue at the heart of males as victims of rape is that they can feel that their masculinity has been attacked, making it very difficult for them to report an incident of rape, even when the psychological effects are significant . It is likely that this stigma towards male rape affects the ability of men to report when they have been assaulted, resulting in lower statistics for male rape. Consequently, the prevalence of male rape may be significantly higher than current estimates. Thus, rape law is highly gendered, with males being treated as perpetrators even in the absence of evidence and females being considered victims in most circumstances where they accuse a man. However, although law and stereotypes perceive rape as being gendered, male rape does occur, with either females or males as a perpetrator. The decision by the FBI to redefine rape is a significant step to changing stereotyped perceptions; however, it is likely that the rate of males who report will remain low due to the strong stigma that is associated with male rape. Domestic law Like rape, domestic violence is an offence that is thought to have a disproportionately high impact on females compared to males. Approximately 25% of women will experience some degree of domestic violence during their lifetime. Many women live in highly abusive relationships, where they regularly experience either verbal or physical abuse .Many female criminals offend within the domestic or family setting, and it has been suggested that on many occasions such offences occur because the female is trying to protect herself or her family from potential or actual victimization . In this case, it is difficult to consider the woman a criminal, as if she did not need to protect herself, then it is likely that she would not have chosen that path. Another difficulty with law in domestic violence cases is that domestic violence often goes unreported. One prevalent reason for this is that women fear retribution against either their children or themselves. Another factor is that many women expect to be blamed for staying with the man, or fear that their complaint will be considered an exaggeration . Cases on domestic violence, for either gender, tend not to take context into account. An example of this was a woman convicted of domestic violence for throwing a knife. She was considered to be an ‘initiator of violence’, and ended up spending more than seven months in prison as a consequence. However, prior to the event the woman had been a victim of both physical and verbal domestic violence for 13 years . While abuse from men is commonly accepted, there is much less understanding for men that experience abuse from their partners on a regular basis. Battered husband syndrome, also known as husband abuse, is a phenomenon that is often underestimated or dismissed. This term applies to males who are abused on a regular basis by their partner, and is not limited to husbands. Many men who are abused within their households do not report it, and studies on the prevalence of males as victims of domestic violence is minimal . Most reports on domestic crime focus on females as victims, and statistics suggest that this is indeed more prevalent. A report in The Guardian showed that in The British Crime Survey of 2001 to 2002, the same percentage of males and females had experienced domestic violence, but while 81% of the women reported this, only 19% of the men did . One study considering police call outs found that females were the victims in 80% of the cases. Furthermore, more women report the use of severe violence or injury . However, there is the potential for significant reporting bias in results such as this. Examining call out data or the rate of reported violence assumes that there is no difference in reporting rates between males and females. However, this is unlikely to be the case, as a male being domestically abused may be unlikely to report this as could have a negative effect on his masculinity. Such information also does not distinguish between males who were attacked once by a women who had been abused by him for a significant period (victim became offender) and cases where the male had been abused by the woman for a long time. Consequently, the prevalence of abuse against males is not known. Creating a gendered approach to domestic violence can make it difficult to determine how to respond to cases of reported violence and to determine who is really the ‘victim’ and who is the ‘offender’. For example, if a man has been continually abused by his spouse for many years and reacts violently one day, how would this be perceived by the law? There has been a strong focus on how women are abused, so it is likely that this man would be treated harshly under the law, and would also be ostracised for ‘abusing’ his wife. In contrast, if the situation was revered, it is possible that while the woman would be charged under the law for abuse, there would be significantly more help available to her. Realigning law Opinions vary concerning whether law should become uniform for both genders regardless of the circumstances. One strong proponent of the woman-centred approach is Jean Corston. Corston argues that there are a large number of women in prison for crimes that do not fit a prison sentence, or who were influenced into committing crimes through factors as abuse, addiction, coercion or a mental disorder. She argues that women experience prison in a very different way than men do, and consequently, the same length prison time given to a male and a female can have a significantly stronger effect on the female than on the male . This approach would provide more support for women and could potentially decrease the prevalence of female crime. However, one downside of this approach is that it would amplify the current trend of females as victims, and males as criminals. It would potentially lead to an increased focus on trying to determine why females committed crimes and what would be most suitable as a means of helping them, but a similar approach would not be applied to males. This would enhance the gendered distinction between victims and offenders, and it would also make it much harder for males who had been victimised to seek justice or help. Impacts of gendered distinctions In this report, two examples of gendered boundaries between the offender and the victim have been discussed, rape and domestic violence. These situations are areas that are perceived as being highly gendered, however, they are not the only examples where there is a gendered distinction between who the offender is and who the victim is. The role of females as child raisers, and the perception that they are physically weaker than males are likely to contribute to the belief that females are most often victims. These distinctions have significant implications for both women and men. Female criminals In the period of 1993 to 1997 there were approximately 13.1 million males perpetrating crimes, and 2.1 million females, a ratio of approximately six to one . Stereotypes suggest that female crime is very rare, and occurs only when females are desperate or have no other options. This fuels the perception that women are victims and men offenders, even when the crimes are similar or identical . Research shows that when criminal activities of females and males are directly compared to one another, it can be seen that crimes committed by females are less serious than those commented by males. However, the crimes are of equal severity when females are offending with males . However, this is not always the case. While fewer females commit violent crimes, this does not mean that no females are criminals, and likewise, many female perpetrators commit crimes for the same reason that their male counterparts do . According to a report in The Guardian, in the United Kingdom, the prevalence of females as criminals have been rising, suggesting the gap between males and females in crime may not be as strong as previously . While studies of male criminals are prevalent throughout the literature, female criminals are subject to significantly less attention, a study in the journal Feminist Criminology reports . This is strongly related to the perception that females do not commit crimes. This is highly detrimental to the understanding of females as criminals as a whole, and means that the drivers of career female criminals are poorly understood. Male victims Stereotypes suggest that females are much more likely to be the victim of crime than males, however this is not the case. In violent crime, the victims are significantly more likely to be male, although this prevalence changes depending on the type of crime. Sexual assault tends to be intrasexual, although not exclusively, and consequently it is the only violent crime where females are more often the victim than males . Both rape and domestic assault are perceived as crimes against females, and legislation is only recently recognising that this is not always the case. Policies and practices in these areas focus mainly on reducing the prevalence of rape and domestic assault on women, and consequently it can be difficult for men to report about these crimes, and for them to be taken seriously. Most studies and recommendations at improving the system for convicting people in rape and domestic cases, for ensuring the protection of the victim and providing aid are focused on the perspective of females. Many such studies do not take into account the male perspective at all. For example, a study on the blurred boundaries of domestic violence considered men as perpetrators of domestic violence, and examined how women could turn to violence as a defence mechanism after significant victimisation. However, the author of the study did not consider males as victims of domestic violence . Collective implications Restorative justice is the process of helping victims to heal, repairing relationships and assisting offenders in returning to their lives. This process often requires extensive mediation between the two parties, where they can begin to accept what has happened and to determine how to move forward. In many cases of restorative justice, the boundaries between the offender and victim are clear, such as when a man stole a woman’s purse. However, in many cases, such as domestic violence, the distinctions are not clear. The creation of a gendered distinction between offenders and victims can significantly complicate this process, and may make it untenable in many situations. For example, in a situation of domestic violence, the use of a gendered distinction would result in the woman being considered the victim and the male as the offender. Consequently, all mediation might focus at the male making amends to the female. However, this is likely to leave underlying resentment, especially if both parties were at fault. The gendered distinction of who is an offender and who is a victim creates and environment which encourages research and policy making in one direction, and discourages it in another direction. The widely accepted categories of males as criminals and females as victims has resulted in a significant amount of research in each of these areas, but as discussed above, little research for males as victims and females as offenders. This lack of research leads to few policies that consider these areas, and consequently the needs of these groups are overlooked. Conclusion For both men and women, the prevalence of a gendered distinction between offenders and victims has a significant impact. This is strongest in the areas of sexual assault and domestic violence, where females are strongly perceived as being the victims while males are considered to be offenders, even in cases where the boundaries between victim and offender are very blurred. This distinction means that there are strong stereotypes about the roles that males and females play. Additionally, policies and research are strongly related to the stereotypes of male offenders and female victims. Further research needs to consider the way in which this gendered distinction affects justice, and whether policies should be different for males and females or treat both the same. References Read More