Analyzing Sex as Crime - Essay Example

? Sex as Crime Sexual violence is any unwelcome activities, suggestions or comments of a sexual nature directed towards a man or woman. There are many forms of sexual violence including rape, sexual harassment, and rape within marriage, female genital mutilation, and sexual abuse of children, sex trafficking, and sexual exploitation. Perpetrators of the forms of sexual violence could be strangers, known people such as trusted family members and friends (Bill, 2008). This essay seeks to explore the issues affecting the women involved in the various forms of sexual violence with a keen look at rape. The essay will also explore the different situations in which women might find themselves in which predispose them to rape. The sex industry is a large sector where acts of rape are perpetrated and the victims have no means of seeking legal action. In this regard, the essay seeks to bring into perspective the policies that have been put in place to combat sexual offences such as rape. In the essay, challenges that the government, the law enforcement officers and social services officers encounter in assisting victims of sexual violence are explored. Rape is forced sex. It involves forcing an individual to engage in sexual activity without their consent. It may involve penetration through various body openings and using various objects. Rape mostly occurs because of the social inequalities between men and women, or the inequalities related to age and position at the workplace. The most type of rape is date rape, which is done by a familiar person. Marital rape also occurs in marriage-like settings. Sexual violence allows men to control women (Brown miller, 1975). In her analysis of rape, Miller points out that rape is not a crime of irrational impulse or an uncontrollable act, but a deliberate violent, hostile act of degradation possessions on the part of the would be conqueror. According to Miller, rape is designed to intimidate and inspire fear. This explains why many rape cases go unreported and are tolerated in silence by victims. The silence of the society is equated as the silence of the victims. According to a 2005 report by the Sanders, many people believe that a woman bears the responsibility of her rape, either partially or completely, in case she demonstrated flirty behavior. A small percentage of the people interviewed expressed the opinion that a woman is partly to blame if she is raped and she has worn revealing attire or is under the influence of drugs (Sanders, 2005). These reasons do little to shed light on the low number of convicted criminals of sexual violence. Around 14% of the reported cases find their way in a court house, while almost 10% of these are termed as faulty allegations on the suspects. Majority of these are cases that involve women and girls from the age of 16 to 25. Some of these cases are later withdrawn for the victims fear that they are not believed, while others are dismissed on the grounds of insufficient evidence. The above mentioned reasons explain why very few cases are reported by rape victims. The public exudes no confidence in the justice system when it comes to handling sexual violence victims. Vulnerability of rape victims varies with different people. Different situations expose individuals to sexual assault. Adolescents make up the largest and most vulnerable group of individuals most susceptible to rape. They are most vulnerable because of their age. Assailants instill fear in them and they do not report cases of sexual assault until it is too late. On the other hand, teenagers are easily manipulated but their assailants as they are offered gifts and money in return for their sexual services (Phoenix, 2001). These are gifts that are very appealing to the teens as they make them stand out from their peers. Another group that is very vulnerable to rape is that of individuals whose mental health is problematic or unstable. Sexual violence also occurs as part of domestic violence. Studies show that almost 50% of women and 35% of men have experienced violence of a sexual nature in their relationships. Persons with little or limited knowledge on their rights and freedoms are also very vulnerable to rape and sexual assaults as their assailants are confident that their victims will not report that they have been violated. The sex industry is highly diversified and has seen a lot of developments in the last two decades. It has taken many forms all around the world and in many countries; it is not a new phenomenon. As the world becomes globalized economically, the sex industry also gains from this globalization. Various forms of sexual exploitation have acquired different names to suit their clientele. Erotica is the new term used to refer to pornography while prostitution is largely referred to as sex work (Coy et al 67). Clubs that provide sex and sexual services have earned the title gentlemen entertainment spots. These change of names and constant renaming within the sex industry has ensured that the industry thrives and continues to gain worldwide attention. A very important aspect of this industry is the people who are involved. As the saying goes, that it takes two to tango, both men and women are involved in this business. Majority of the women provide the services while a greater percentage of the men are the recipients. The features of the sex trade, such as strip clubs, pornography, companion services and massage salons, are present frequently in abandoned capitals and settlements throughout the country. The prostitution that goes with these showbiz spots is perceived as a victimless crime, and so is hardly regulated then time and again stomached. It is quite surprising that majority of men held soliciting sex from sex workers, either in the back chamber of a strip club or else on the highways, are hardly under arrest. This scheme makes our beliefs look as if to suggest that it is normal or satisfactory to pay for sex and, thus, that it is acceptable for men to pay women for sex. Several men tend to consider that it is their right to look for sex by all means, as well as the culture allows their discerning thoughts by permitting them to do so with few, if any, penalties. This has led to an arcade for the trade of commercial sex, as well as an avenue for women to be bought and traded as sexual substances, hence leading to a continually growing sex trade in Britain. Every year, a wide range of people especially women and children from other countries are trafficked into the British sex profession, into sites of prostitution, pornography as well as/or stripping. Many factors push women to be involved in the sex industry. Human trafficking for instance is a huge method of acquiring innocent women and children and delivering them for sexual exploitation purposes. People who are eager to improve their quality of living and people from poverty stricken backgrounds are most vulnerable to believe in the false promises of sex traffickers who convince them that they will assist in finding jobs. Unfortunately, these women find themselves raped and forced into sexual activities. Out of poverty, parents sometimes offer to send their children to seek jobs in the belief that they will be better off in more developed countries or towns, where there are more opportunities for development. These children are raped and forced into sexual activities by their employers while others end up sold into prostitution and slavery (Segrave, 2009). A lack of educational and economic opportunities caused by poverty may cause women to move from their countries, and they are unwillingly trafficked into sex work. With globalization opening up national borders for exchange of goods and capital, migration of labor has also been on the rise. The economic impact of globalization has thus made people make decisions of migrating and make them vulnerable to trafficking. Global poverty is the author of suffering, death and diseases. It also fosters the practice of rape, sexual exploitation, torture, and other forms of human exploitation. Prostitution is probably the world’s oldest form of violence against women by men. Men have for years sexually exploited and abused women and girls and the society has come to accept this as normal. This explains why it is very common to find prostitutes on the streets soliciting for paid sex, and find men going to hunt down women who they can offer money in exchange of sexual favors. Prostitution continues to reflect women and girls as sexual objects and commodities that can be bought to perform any acts that the men have sexualized. Many girls have been involved in prostitution by force even before they reach the age of fifteen. In Africa and Asia, many young girls have been sexually harassed by men in the belief that young girls are free of HIV. This causes a very high demand for the young girls. Majority of young girls find themselves in prostitution after relatives sell them away (Territo & George, 2010). The few who manage to run away are often recruited by pimps. A significant number of women opt to engage in prostitution after enduring sexual exploitation and harassment from relatives and close family members. These could be as a result of incest and rape by people known to the victim. The sexual exploitation of women and girls is not only a global problem, but also a global crisis. Women and girls who have undergone sexual exploitation and rape, experience psychological trauma apart from contracting diseases like tuberculosis and sexually transmitted diseases. Depression may set in for severe cases, while others suffer anxiety. Escape from forced prostitution is very hard as the women are closely monitored (Wilcox, 2008). When attempts to escape fail, the women have no option but to cooperate with their masters in the hope that they will earn enough money to buy their freedom. In the process, they become heavy drug users. They consume large amounts of alcohol and become involved in use of illegal drugs so as to numb themselves from the emotional and psychological distress that they are exposed to. Unfortunately for these women, once they are hooked to drug use, it becomes very expensive to maintain their supply. This forces them to do all they can so as to be able to access the drugs. Some women and girls are drugged and raped without their knowledge. Apart from causing harm to the individual women involved in the sex trade, prostitution and trafficking are activities that thrive where criminal activities and corruption have taken root. As a result, this threatens the security and the stability of nations in the world as they are exposed to dangerous criminals. Increase in crime rates means that women and girls are in constant danger of rape and murder. Many criminals use rape as a weapon against women and instill fear in them. The sex industry also thrives due to the low risks and high profits that are associated with the trade (Earle, 2008). It is no surprise therefore that the trade of women and girls is slowly but surely replacing the trade in drugs and arms as the most preferred transnational illegal trade. Governments the world over can play a very big role in helping to put an end to sexual violence against women. Illegalizing or criminalizing prostitution would drastically reduce the number of people engaged in human trafficking for sexual exploitation. Giving financial assistance to persons in poverty-stricken areas, who are most at risk of trafficking, will help to curb this thriving business of sex trafficking. Governments should also play a crucial role to end human trafficking by legislative efforts and direct action against human trafficking. Legalization of prostitution has to be opposed and criminalized. Laws that legalize prostitution, promote pimping, buying and trafficking of women into prostitution against their will (Brooks, 2006). This can only be achieved by ensuring that criminalization of prostitution is legislated so that women are no longer punished for being exploited and abused. Services that provide social support to women and girls that have been victims of prostitution and sex trafficking should be funded by governments. Assistance should be offered to women and girls in form of shelters, hotlines, medical care and advocates who can offer legal advice and also represent them in a court of law. The legislation that is put in place should ensure that the criminals and perpetrators accountable for women trafficking are accountable for their crimes. On 1st May 2004, the Sexual Offences Act of 2003 became law in Britain. The Act reinforces and brings a sense of modernity to the existing law on sexual offences. It is important to note that the law is improved in areas such as the protection of individuals and victims from sexual offenders and assailants. According to the Act, rape definition includes the forceful penetration of the male sexual organ into the body openings of another individual (Kelly, 2008). The term ‘consent’ is clearly explained in the Act in reference to rape offences. An individual consents if he or she agrees by choice, and has the capability to come to that choice. The main aim of the Act in this definition is for one to agree by choice. In this law, the victim does not need to have shown resistance physically in order to prove lack of consent. As everyone sets his or her mind on the strategic vision to curb sexual violence against women and girls, it is important to note that to having an effective response to rape and sexual violence is not an easy task. This vision is not achievable unless the government and the people cooperate to assist in curbing sexual violence. It is important to know the roles that one can play in supporting sexual violence victims in the national level and also at the local level in the community. Different people can participate at various levels such as in the criminal justice system, while others can involve themselves in counseling and advocacy of the rights of rape victims (Kelly, 2005). This method allows different community members and stakeholders to involve themselves in working towards punishment of sex offenders and advocating for a safer environment for women and girls. It is equally crucial for the victims to receive help which is coordinated, has a high level of consistency and whose main focus is the victim. Despite all these efforts that individuals may try to put in, it would be futile if the response from the criminal justice was ineffective. This forms a very crucial element of how the victims view their prospects of obtaining justice. For any victim, they expect that the justice system tries to understand the physical, psychological and emotional harm that their assailants did to them. As a result, they expect proper punishment for the offenders as a way of enforcing the law. Other expectations of the victims include that they will receive full protection from their assailants and other people who may want to harm them (Stanko, 1990). Victims also seek protection for their family members and other members of the society. It is the hope of any victim of rape that their report is handled with seriousness from the time that they disclose their ordeal. They also expect that they are treated with dignity and that officers will demonstrate professionalism when dealing with their cases. The government of Great Britain has made many attempts in protecting their citizens from sex offenders. This has been made possible through the application of some procedures that include the registration of sex offenders. Measures have also been put in place to regulate and manage the risks and dangers that sex offenders might find themselves in. This is known as the preventive state where a former offender is made to deal with his or her past offences by receiving their penal sanction (Matravers, 2008). In addition, it places certain restrictions on persons previously accused of a sexual offence and at the same time it demands certain things of former offenders. These sanctions have been successfully achieved by legislations that ensure strict follow-up on former offenders to gauge if they have reformed or not. The preventive state is also responsible for the regulation of people who committed sex offences in the past on the grounds of fright, doubt, intuition, distrust, apprehension, and foreboding. Taking such steps is only possible with the involvement of an administrative officer as too much reliance on expert knowledge or statistics is avoided. As the government and other stake holders try to curb rape and other forms of sexual exploitation against women and men, a lot of challenges have been examined. One notable challenge is lack of proper incorporation of this crime into national legislation by use of proper advice and explanation. Without proper legislation, it is hard to implement legal action against the traffickers. It is vital to incorporate all elements of sexual abuse into criminal law together with proper definition. When there are definitional issues, the police, prosecutor and judiciary will have a hard time to act on the sex offenders (William, 2004). It is also crystal clear that some elements of sexual offences are not comprehensible and require additional training and interpretation in civil law. Such elements may include rape in a matrimonial union. It is also difficult to take legal action against a suspected sexual offender if the victim apparently voluntarily entered or stayed in that situation or condition. Majority of the women that are trafficked they are forced into prostitution. It is very hard to protect such women in countries where prostitution is currently not prohibited. Another formidable challenge is the ignorance that is portrayed by the police officers and border guards who have little knowledge about sex trafficking (Territo & George, 2010). This makes it troublesome for the officers to get the right evidence to prove the crime and to identify and secure the arrest of the suspects. There is also the problem of obtaining evidence and interviewing witnesses located in other areas. According to Gordon, a community can by no means be justly the same if a segment of its populace is experiencing sexual exploitation. Individuals who support the sex trade refute women their opinions. This is due to the fact that they spend so much money, time and resources in supporting a business that makes its money from violence and exploitation of women. It is true that some people enter prostitution and it empowers them economically (Gordon, 2006). However, a large majority of the women in the sex industry are not doing the business out of choice but because they have to or because they have been forced to it. Sometimes, the media tends to refuse to listen to the stories of individuals whose lives have been damaged by the sex industry. In so doing, the pro sex lobbies are only doing a great disfavor to men and women who feel or have been confined and made speechless, as their bodies are traded to be exploited for the sexual desire of other people. We live in a society where individuals spend a lot of money buying sex. Adult entertainment shops and joints are common in many towns all over the world in their competition for a larger share of the leisure economy. Big hotels offer erotic films to its customers as part of the package, while millions of women all over the world have adult toys delivered to their doorsteps. It is no secret that the business of prostitution is thriving now more than ever before and has evolved over the years. The legal system has also made efforts to curb this lucrative business in the sex industry as it poses many dangers to women and girls of all ages. This is because of the harassment and abuse that millions of women and girls all over the world endure. In Britain, many girls, women and men fall victims to rape and sexual abuse. This leaves the victim traumatized and hurt physically as well as emotionally. The introduction of the Sexual Offences Act in 2004 marked a great step towards achieving justice and the protection of rape victims in Britain. It is the responsibility of the community members to look out for each other and especially be of help to victims of rape by offering support and encouragement to the victims. Bibliography: Bill Hebenton (2008) ‘Sexual offenders and public protection in an uncertain age’ in Letherby, G, Williams, K, Birch, P & Cain. Brooks Gordon, B (2006). The Price of Sex: Prostitution, Policy and Society Devon: Willan Publishing. Brown miller, Susan. Against our will: men, women, and rape. New York: Bantam Books, 1975. Print. Earle, S & Sharp, K (2008) ‘Intimacy, pleasure and the men who pay for sex’ in Letherby, G, Williams, K, Birch, P & Cain, M (Eds) Sex as Crime Devon: Willan Publishing. Gordon, B. 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