Riminal Justice - Term Paper Example

? Assignment In most parts of the world, women are treated as the lesser mortals and do not possess equal powers as that of men in society. This has led to men taking advantage of women as and when they feel like; they tend to treat them in a cruel and unjust manner, in the most immoral of ways and leave them mentally destitute to fend for themselves. This paper deals with two of the most fundamental problems that the criminal justice system has failed to provide a concrete solution or answer for – women as rape victims and women facing domestic abuse in the household. Women are not often able to express their views after being subject to such atrocities because they fear that their male counterparts might either view them as people without any dignity or worse, not even batter an eyelid to their problem. In many parts of the world, women do not even have an equal say in the matter and the police does not take these crimes seriously; women thus need a proper platform where they can, without any fear in their hearts, rise to the occasion and have the opportunity to be who they are instead of having people bog them down. This paper talks about the terrible life that they have to face as victims of such crimes and how the system of justice is arbitrary in their favor; the paper also provides certain solutions and is hopefully a good and knowledgeable read regarding the plight of women, both young and old, around the globe. Criminal Justice System Introduction: This paper consists of two different types of crime victims. The paper talks about the emotional, physical and mental turmoil, which the victims face due to the crimes committed, on them by the criminals. This paper shall discuss domestic violence victims and rape victims, depicting their hardship and the emotional and physical setback, which is faced by them. This paper shall be divided into two halves, the first half shall depict the state and affairs of the Domestic violence victims and the second half shall depict the state of affairs of the rape victims. Rape and domestic violence are both very pressing issues in society today; many women around the world face these problems and the news today flashes reports of women getting raped or being subject to domestic violence almost all the time. It is very important to understand the protection that women have against these ill aspects of society and how their welfare might be looked into. Women that undergo such terrible treatment are often scarred for life making it very difficult for them to go on with their daily activities. The worst part is that women of all ages are subject to such atrocities; there are thousands of reports of teenagers getting raped and killed, as well as being held ransom for money after being raped and left to suffer. Moreover, society has to have an outlet for such victims to be recognized and protected; if people living in society treat these ideas as a taboo, the victims that suffer from the two ideologies will be secluded. These issues need to be understood and address and men engaging in such violent activities need to be condemned and punished by law. Two types of victims may be understood by determining a picture of rape and domestic violence as they are different from each other to an extent as explained throughout this paper. Domestic violence victims are those victims who face physical beating and mental harassment mainly at the hands of their husbands due to conflicts in the relationship. Domestic violence amounts to physical abuse of the victim which can range anywhere in the body, apart from that it also amounts to ill treatment and sever mental pain upon the living conditions of the victim. Rape victims are defined as individuals on whom men of a stronger physical nature force upon sex. Rape is the abuse of the physical integrity of a woman whereby a man tries to forcibly have sex without the intent and participation of the woman, where the woman is forced into it without her consent or approval, and through the brute physical force the man engages into sexual intercourse and destroys the self respect of the woman through this inhumane act. Literature Review Domestic Violence Victims: Domestic violence victims are the victims who suffer from violence inflicted upon them at their residential premises. The occurrence of domestic violence is extremely pertinent and related to husbands beating uo their wives and inflicting physical pain on them. The most fundamental and crucial element of domestic abuse is the fact that physical pain is inflicted upon the victims apart from the mental hardship and turmoil they have to face by being served a third grade treatment at their residential premises. “Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.” (May & Featherstone, 2010) In a normal case of domestic violence, the husband of the woman usually indulges in the physical abuse of the woman. This arises out of problems in the relationship between the husband and the wife, along with some conflicting issues, which they are usually unable to sort out amongst themselves. Domestic abuse has ben a recurring problem in the middle class society since the beginning of time. It has ben an extremely fatal issue to deal with, and since the beginning of the 21st century many jurisdictions all around the world have enacted laws to prevent and prosecute those who indulge in this form of crime, but even after enacting so many laws and legislations and bringing more and more Acts worldwide, the problem still stands on its feet as a recurring issue for the millions of woman al around the world. (Baynes, 2010) Domestic violence is not an act, which takes place on an exclusive basis. It is a negative physical act, which takes place in periodic intervals between the members of the same family. The most crucial aspect of domestic violence is the fact that the male partner in this relationship with his wife tries to dominate his wife through acts of physical violence. It is often said that domestic abuse leads to the termination of relationship, as in most of the cases it is true for the women since they are the main victims in this form of abuse harmed on them by men. Support for Domestic Violence Victims This part of the paper shall provide an empirical analysis of the domestic violence victims and shall also give figures and databases to support the theory propounded in the research paper. Following is a quote from a research paper explaining the quantum of the domestic violence victim: “Research suggests that about 85% of the offenses subsumed under the category of domestic violence is violence between intimate partners (current or ex-husbands or boyfriends), in which the victim is typically a woman and the offender typically the man. The rest of the parties include parents, siblings, in-laws, or roommates” (Domestic Violence and Abuse: Signs of Abuse and Abusive Relationships) Understanding form the above statement, it is imperative to realize that most of the victims of domestic violence are the wives of their husbands who are living with them in the same house. It can also be in relation to live in relationships where boys and girls are in a relationship, not yet married, but they are living together by mutual consent. In the olden days ranging back to the 19th century, physical abuse on women was considered to be a normal act on the part of the husbands. The Courts of the USA and England recognized this fact and have often stated that the matter of the family are internal matters and should always remain within the confines of the boundary of the family home. (Erez, 2002) There are a large number of organizations made for women as well as civil societies looking at their upkeep; in the 1970s, one of these organizations began a wing for campaigning against physical abuse being against the law that women are subject to in households. Due to such strong advocacy there has been a change witnessed in the abuse that women face all around the world and even though the rates are high, women can be assured that there are both private and public organizations looking out for their welfare as well as protection. Reforms have taken place worldwide to prevent and control domestic abuse of women. Programs such as the Domestic Abuse Intervention Project (DAIP) in Duluth (Minnesota), the Quincy District Court (Massachusetts), and the Domestic Violence Unit have captured the imagination of the rest of the words as more and more countries have started the movement for the prevention of domestic violence abuse on women. The Domestic Violence Act 2004 of England is a classic example of the law tackling this problem of physical abuse head on. This law is formed on the fundamental basis of the criminal justice system. The United States has also passed a law, which prohibits physical abuse to women of any kind. Even though the law protects the rights of the women, there are some major issues, which have to be looked upon in order to provide even better living conditions for women in the coming years. (Hart, 1992) One of the most crucial elements that have to be addressed is the fact that the police often treat a lot of women who have been victims of domestic abuse as victims. The police are the first source of criminal justice system, which the women are engaged in, and this machinery of the law does not give the due respect to women. Until the 1960s the police did not intervene in the matters, as the pre-conceived notion was that domestic violence was a private matter. However, once the various Western countries started legislating on this are of law, then the police and other agencies of the criminal justice system took note of the fact that this was not anymore a private problem with the fact hat they need to act in such cases as it was a crime against humanity. Rape Victims: an analysis Rape, as previously defined in the paper, is a forced act of sexual intercourse by a male or more than one male upon a woman, without her consent, which leads to the woman undergoing physical abuse, mental harassment, post rape turmoil and other social stigma. Rape is a heinous crime and the Supreme Court of India has labeled it as a crime against humanity and not just only women at large. Following is the definition of sexual assault amounting to rape: “Sexual assault includes rape, attempted rape, sexual molestation (incidents that were neither completed rape or attempted rape, but included some form of actual sexual contact), attempted sexual molestation and other forms of sexual assault such as incidents of criminal sexual exposure, voyeurism or coercion rather than the use of threat of violence” (Steyn, 2005) Rape is not only the physical violation of the rights of the individual; rather it is the psychological and mental destruction of the women, which is also important to be noted in the aspect of this crime. The rate of convictions for the alleged criminals who have indulged in raping women is appalling in the UK. The following quote explains the situation in a better manner: “The rates of conviction for rape are an outrage. Nationally, less than six out of 100 rapes reported to the police end in the rapist being caught and punished. But there are also wide variations in regional conviction rates.” (Stern, 2010) The criminal justice system has a lot to do in order to get the figure on the higher level with regard to the convictions of rape victims. A study conducted by the Government of UK held that there are almost 435,000 cases of rape every year, which is an alarming figure considering the anti-rape movements, conducted by the civil societies and the general public outrage against this form of crime. Out of the 435,000 alleged crimes of rape 9 out of 10 times the criminal goes free, as the criminal justice system in its present format is too weak to handle the rape victims’ issues. It is also said that around 38% of the victim do not report the crimes committed on them to anyone else. Social stigma is a big problem with regards to the conduction of a rape trial. According to the Federal Bureau of Investigation, Rape is the second most violent crime after Murder. The Sexual Offences Act of 2003 passed in the UK is one of the foremost exclusive laws of its kind, which deals only with the crime of rape and is a solid piece of law, which the criminal justice system desires to have as of today. This Act criminalizes rape and says that the burden of proving that rape did not happen is on the criminal and not on the victim. The law takes a different tide from the usual force of criminal justice system, as usually the burden of proof is on the State to prove that the alleged criminal has committed the crime. Mental and Psychological Trauma: The biggest challenge, which is faced by activists helping in the rights of rape victims, is to overcome them from the mental and psychological trauma, which the victims have to go through after the commission of the crime. This is the biggest issue with the crime as it does not hurt as much physically as it does mentally for the victim. The Courts over the years have regularly given the harshest of punishments to the rapists, but the society has been often harsh on the rape victims by giving them negative vibes and an unwelcome feeling. Following is the definition of victimization: “Victimization is a process whereby a person suffers harm through the violations of criminal laws or of internationally recognized norms relating to human rights.” (Holder, 2001) Victimization is a big problem, which the victims have to face due to the incompetency and the legal shortcomings of the criminal justice system. There is private victimization and secondary victimization. Primary victimization is a process whereby the victim is felt left out from the entire trial and the criminal justice system puts the victim through emotional and mental trauma during the conduction of the trial. Secondary victimization is the characterization and demarcation done by the society that looks down upon the rape victim in a very cruel manner. Secondary victimization happens to the rape victims at the time of the police inquiry and all the investigation process, which goes along the conduction of the rape trial. At this stage, the Police in order to conclude their investigation try to ask uncomfortable questions to the rape victims which often are asked to recite the scene of events in order to catch the criminal. This whole process of reciting the scene of events and giving detailed information to the police with regard to the commission of the crime often puts the victim in mental trauma and the bitter memories of the victim getting raped are often flashed in front of their eyes which leads to an emotional breakdown for the victims. Rape victims are an entirely different category of victims than the domestic violence victims. The mental hardships faced by the domestic violence victims are lesser than those faced by the rape victims. There is a stark contrast with respect to the way society perceives these two victims, and it is often that the rape victim gets a worse treatment than the domestic violence victim. Conclusion The overall picture of the criminal justice system dealing with the rape victims is not in an ideal place and position. The police needs to be more careful in the approach it takes to tackle the investigation of the crime and it should not ask blatant and blunt questions to the rape victims since soon after the crime the mental condition of the victim is not ideal. There are various constitutional mandates regarding the upkeep of such people exposed to being victims in terrible situations like the ones discussed within the paper and that needs to be strengthened in society in order to keep these disturbing activities on the downside. It takes a great amount of time to catch the people responsible for subjecting women to such terrible conditions and making them victims of rape and domestic abuse however, if women report men, the matters should be taken into immediate consideration by the law. Women need to be separated from such men especially if they are married to them and not taking immediate action by the police might amount to a lot more damage and the women being even killed. Furthermore, society needs to open up and people must discuss these issues with each other; with a broader mindset it will be easier for those exposed to such circumstances to have the opportunity to heal them psychologically. Victims exposed to such atrocities need to know that they have the support of others in their communities and societies so as not to feel ashamed because they have not engaged in any wrong or immoral activities; instead they have been subject to something anyone could have. It is important for people to come together and muster their support and tell others that they care. Also, the spread of awareness regarding the same must be assisted in schools, colleges, universities as well as among people from all backgrounds to help stop such wrongdoings from taking place. References Baynes, S. (2010). The Criminal Justice response to male and female victims of domestic violence. . Retrieved from http://www.mankind.org.uk/pdfs/The%20Criminal%20Justice%20response%20to%20male%20and%20female%20victims%20of%20domestic%20violence.pdf. Domestic Violence and Abuse: Signs of Abuse and Abusive Relationships. (n.d.). Helpguide helps you help yourself and others. Retrieved November 14, 2012, from http://www.helpguide.org/mental/domestic_violence_abuse_types_signs_causes_effects.htm Erez, E. (2002). Domestic Violence and the Criminal Justice System: An Overview. Online Journal of Issues in Nursing, 7. Retrieved from http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Volume72002/No1Jan2002/DomesticViolenceandCriminalJustice.html. Hart, B. (1992). Battered Women and the Criminal Justice System. Holder, R. (2001). Domestic and Family Violence: Criminal Justice Interventions. Australian Domestic & Family Violence, (3). Retrieved from http://www.adfvc.unsw.edu.au/documents/issuespaper3.pdf. May, T., & Featherstone, L. (2010). An independent review into how rape complaints are handled by public authorities in England and Wales. The Government Response to the Stern Review. Retrieved November 14, 2012, from http://www.homeoffice.gov.uk/publications/crime/call-end-violence-women-girls/government-stern-review?view=Binary Stern, V. (2010, October). The crime of rape and justice for victims. The Crown Prosecution Service. Retrieved November 14, 2012, from http://www.cps.gov.uk/publications/others/baroness_stern_speech.html Steyn, E. (2005). Victimisation of rape victims in the criminal Justice System. MAGISTER TECHNOLOGIAE : POLICING. Retrieved from http://libserv5.tut.ac.za:7780/pls/eres/wpg_docload.download_file?p_filename=F1021706035/steyn.pdf. The criminal justice system and women victims of violence. (n.d.). fawcettsociety.org.uk -. Retrieved November 14, 2012, from http://www.fawcettsociety.org.uk/index.asp?PageID=563 Read More