The Concept Of Sex As Crime - Essay Example

Is the concept of 'sex as crime' important Focus on a critical analysis of rape and domestic violence to explain your argument. Introduction Sexual crimes in the contemporary world have been rising and the modern age has been rightly called as the age of sex crime by several academics, researchers and practitioners. A profound analysis of sex as crime, especially with regard to sex work, domestic violence and rape and sexual assault etc, confirms that these practices have risen up tremendously in the recent years. Therefore, it is essential to comprehend the various factors that fundamentally bring about such a situation and a critical analysis of rape and domestic violence can be most useful. Domestic violence, which is a kind of abuse within family between its members, gives a typical example of sex as crime and the violence within the family is often practiced against the females. Similarly, sex as crime becomes highly obvious in a critical analysis of rape which is another type of sexual assault against females and it is more regular a practice in the modern society. Therefore, a reflective analysis of rape and domestic violence in relation to sex as crime assumes several themes and values such as humanist, minimalist, tolerant, responsible, and pro-feminist. Such an analysis also includes an investigation of the advantages and disadvantages of legislation and government control in the areas of rape and sexual violence. Significantly, "it remains the case that 'sex crime' (defined in its broadest sense to include issues such as soliciting, violence against sex workers, rape in war, internet grooming) is often considered to be less important, both legally and academically, than issues such as policing, community safety, white-collar crime and imprisonment. It is also fair to say that, given the current backlash against feminism, these issues are further marginalised. Critical study in this area challenges both the workings of the criminal justice system and definitions of 'traditional' criminology." (Letherby, 5) Therefore, a pro-feminist and gender-sensitive approach to these issues highlights the problems with the stereotypical definitions of genderless 'sex crime'. A reflective analysis of rape and domestic violence in the contemporary world emphasises that the concept of 'sex as crime' is an essential one which covers several areas of criminal justice system and social issues. The concept of 'sex as crime' and rape and domestic violence The concept of 'sex as crime' in relation to rape and domestic violence assumes prominent role in the criminal justice system as well as policy matter. Significantly, rape and domestic violence against women became one of the most crucial policy priorities in the UK by the year 2000 as a result of the tree-decades long feminist campaigning. Contemporary investigations and researches reveal that the issues of rape and domestic violence have increased tremendously and there is poor handling of these issues in the criminal justice system. In fact, there is no other crime than rape which is handled more defectively by the criminal justice system and it is also under-reported crime. Whereas the vast majority of rape victims do not report the sexual attacks on them, it is also significant that the prosecution rate of rape cases is also much lower than other serious crimes. In fact, rape is a special type of sex crime where the case of the victim is much more serious than what is commonly perceived. "As a crime, rape is in a class by itself; in the experience of the crime, in people's response to the victim and in the law enforcement skills needed to investigate and prosecute the crime Unlike victims of any other crime, rape victims are often subject to concerted ostracizing, disbelief, and blame. Hostilities against the victim quickly gather steam. These hostilities are frequently bolstered by powerful (male dominated) institutions such as schools, churches, businesses, families, and authorities." (Sex Crimes: Police Response and Investigation) Therefore, the issue of rape, just as domestic violence, provides an important case of sex as crime and it is important to have a critical theoretical perspective of the issues of rape and violence. An overview of the social and theoretical issues concerning the sexual offence of rape helps one in identifying rape as an important element in the concept of 'sex as crime'. Many people, both within and outside the legal profession, regard the crime of rape as one of the most serious of all offences and, obviously, as the most serious sexual offence. Rape is one of the most feared and controversial crimes due to the very personal nature of the requisite physical act, along with the inevitable violation of the victim. The controversy regarding rape as a crime is made even worse by the generally held view that the law itself - in terms of the legal definition as such, procedure, evidence, attitude of the relevant authorities, etc - is biased in favour of the males against the victims. In classifying rape, it is normal tendency to understand it as a crime of violence by males on females. However, it is also important to make the connection between rape and cultural images of male and female sexuality. "In other words, the particular acts and circumstances which constitute the legal definition of rape, together with the judicial interpretation of those definitions, are linked inexorably to more widely held attitudes (social and cultural, as well as legal or judicial) concerning the sexual relationship between males and females. It would be better, therefore, to regard rape as neither solely 'sexual' (as many rapes involve other acts of violence and sexual degradation over and above the act of intercourse itself), nor as merely 'violent' (because the act may often amount to the man exercising (or imposing) his 'right' of sexual domination upon the victim)." (Selfe and Burke, 61-2) Therefore, the offence of rape needs to be comprehended in a wider perspective than the general understanding of the crime and it is often the cultural and social elements of the crime which dominates, in the question of rape, more than mere act of violence or sexual assault against females. In a theoretical understanding of the issue of rape, the cultural and social factors dominate in this act of physical and sexual violation of an individual. The feminist perspective of rape and domestic violence is essential to consider as it provides a very critical explanation of the concept of 'sex as crime'. According to the feminists, rape and the institution of patriarchy are closely connected as the physical and sexual act of violence against females can be perceived as a result of the ongoing struggles of the females and the superiority of males over females. The attitudes concerning the act of rape as well as the law relating to rape have, traditionally, been created and interpreted with a purpose of maintaining the family structure. Therefore, the economic and social significance of the family relating to the act of rape cannot be questioned. The content and the procedure of rape law emphasise the paradigmatic rape as an act of violence committed by a stranger. There is also the purpose of control over females by males in the act of rape. "If the law were to recognise that 'other forms' of rape (acquaintance rape, date rape, and especially rape within the family environment) were more common than traditionally accepted, then the central role of the family unit would be threatened. In particular, the comfortable male, authoritative view of rape as a 'violence-by-stranger' offence would be subjected to challenge The purpose of sexual violence, and its official 'condonation', is perceived often to involve the punishment and control of women in order to maintain male dominance and female subordination." (Selfe and Burke, 62) Therefore, according to the feminist perspectives, all patriarchal societies are seen as utilising sexual violence as a form of gender control. Accordingly, sexual violence is often used by males, irrespective of race, class, or status, and it is supported by the state in terms of the legal criteria adopted for offences and in sentencing policy. It is also important to have a clear understanding of the general attitudes and responses to the act of rape and domestic violence. Most often it is commonly agreed that the cases of rape and domestic violence are underreported and there are obvious reasons for such a case. "A number of studies support clearly the general consensus of opinion that all sexual offences, and especially rape, are generally under-reported. There are several obvious, but nonetheless important, explanations for such under-reporting, including, for example, unsympathetic treatment of the complaint, the trauma of the trial, the likelihood of eventual acquittal, shame and embarrassment, and inversion of guilt etc." (Selfe and Burke, 63) However, the seriousness of rape is often highly acknowledged and it is often regarded as one of the most serious non-fatal criminal offences. In practice, rape is not given much seriousness and there is an important perception that it is not treated as being so serious. According to the feminist perspective, the main reason for the failure of the various agencies such as social services, medical and legal professions, the police, etc which deal with rape processes, in handling the cases of women victims, is the essential patriarchal nature of these agencies. In a reflective analysis of the crime of rape in relation to domestic violence, it becomes lucid that these are basically acts of violence done against the female sex. Domestic violence may be comprehended as the various kinds of abuse which occur within the family, between the members or couples and the typical image of domestic violence involves an adult male executor and a female victim. It is also important to recognise that there are also women perpetrators of domestic violence where men become the victims. Rape is a kind of forced sexual activity and it involves sexual violence against the victim. A common characteristic of both these practices is that it is often offences done against the sexually weaker section, i.e. females. "Domestic violence may take many forms. Destruction of property, psychological and emotional abuse, and physical and sexual assault are all common forms Rape is a crime involving forced sexual activity, usually including sexual penetration, against the will of the victim. Rape can occur in the context of ongoing domestic violence (where a partner sexually assaults another partner against that partner's will), but it may also be perpetrated by acquaintances (e.g., date rape) or by strangers. Domestic violence and rape are serious societal problems disproportionately focused on women." (Patricelli and Dombeck) Therefore, both domestic violence and rape can be perceived as essential practices of violence directed against the females and they suggest the importance of the concept of sex as crime. In this background, it is also essential to reflect on some of the major consequences of the offences of domestic violence and rape. Thus, there are obvious financial and social adjustment difficulties which are often associated with these offences. However, according to the psychological perspectives, the consequences of the sexual assault as well as domestic violence are several and they are far-reaching. Thus, the "survivors of domestic violence or rape can develop emotional and psychological concerns that last well after the physical injuries have healed. Memories of victimisation may be overwhelming, and return again and again, unbidden, to torture the victim long after actual victimization has passed. Victimisation removes any illusion of safety that victims might have previously enjoyed. Self esteem and self-worth may have been damaged as well." (Patricelli and Dombeck) Although a psychological or emotional disorder is not resulted when one become a victim of violence, it is obvious that people who are victimized are more vulnerable to developing psychological disorders including post traumatic stress disorder, depression, and other anxiety disorders etc. In the case of a child who becomes the victim of such violence, these psychological disorders are more possible. People react differently to situations of victimisation, although there are common characteristics with such people. "Just as there is not any definitive disorder that a victim of domestic violence or rape will develop, there is also not any definitive way that victims should respond to having been hurt. Most all means of grieving and coping with having been victimised are okay, except for ways that might result in self-harm or harm towards other." (Patricelli and Dombeck) Therefore, the emotional, psychological and social consequences of the offence of rape and domestic violence are numerous and the victims are greatly affected by the results. It is also important to note that the theoretical perspectives of these crimes have influenced the general understanding of the idea of sex as crime. Thus, the role of feminist theory along with several other social theories in limiting the impact of sexual assault against females cannot be questioned. Feminist theory in relation to domestic violence and other types of violence including rape has been a determining force in the understanding of the concept of sex as crime. "Crimes such as sexual assault, stalking, marital rape, and domestic violence have two key underlying similarities. The perpetrator is most often male and the victim is most often female. In addition, all of these crimes serve to exploit and/or control sexual and social freedom of women to have lifestyle of equality both inside and outside home." (Jackson, 326) Conclusion In conclusion, a critical analysis of the offences of rape and domestic violence in relation to crime asserts that the concept of 'sex as crime' is an essential idea in the social justice system and various theoretical and social perspectives of these issues have influenced the overall perception of 'sex as crime'. The practices of rape and domestic violence have several elements in common and it is obvious that sex is a matter of crime in this so called 'age of sex crime'. Rape and domestic violence should also be perceived in connection with the cultural and social factors determining the sex. Therefore, the patriarchal dominance of the males is one of the most essential reasons of rape and domestic violence. In short, the concept of 'sex as crime' is an important concept in the contemporary age of sex crime and a profound understanding of the practices of rape and domestic violence substantiates this view. Works Cited Domestic Violence and Rape. Mental Help.Net 30 Jun, 2009. . Jackson, Nicky Ali. Encyclopaedia of domestic violence. CRC Press. 2007. P 326. Letherby, Gayle et al. (Ed). Sex as Crime. London: Willan Publishing. 2008. P 5. Patricelli, Kathryn and Mark Dombeck. "Introduction to Domestic Violence and Rape." Selfe, David W. and Vincent Burke. Perspectives on sex, crime and society. London: Routledge Cavendish. 2001. P 61-62. "Sex Crimes: Police Response and Investigation." Part II: First Line Criminal Justice Advocacy. Women's Justice Centre. 30 Jun, 2009. . Read More