SOC/CJ 4515- Sexual Offenses & Offenders

Intersectoonality

All oppression is linked and compounded by multiple marginalities

Developed as a result of the erasure of Black women’s experiences in the feminist and anti-racist movements

Describe how race, class, gender, and other individual characteristics intersect with one another & overlap

We risk compounding inequality by overlooking intersectionality

Social structure and human agency

Social structure- Social patterns through which a society is organized

• A complex and interconnected set of social forces, relationships, institutions, and elements of social structure that work together to shape the thoughts, behavior, experiences, choices, and overall life courses of people

Human agency- Our ability to act on our free will to make rational choices

• Refers to the thoughts and actions taken by people that express their individual power

Structure is the framework of society, it influences/ limits the choices given while agency is when an individual has some sort of freedom of choices

Norms, folkways, mores, taboos

Norms- Rules set by society

Folkways- Breaking a norm but not serious informal

More- A more serious norm, could change our presumption of someone

Feminism and Patriarchy

Feminism- Study of the world through a gendered lens

-Devotion to ending inequality on the basis of gender

• Can approach any social phenomenon and apply a gendered approach to study

Patriarchy- System in which men hold power and women are excluded from this power

- What feminism seeks to dismantle

-Patriarchy is hierarchical- not all men benefit in the same way

Heteronormativity

the assumption, in individuals and/or in
institutions, that everyone is heterosexual and that heterosexuality is
superior to all other sexualities. Leads to invisibility and stigmatizing of other
sexualities: when learning a woman is married, asking her what her
husband’s name is. Heteronormativity also leads us to assume that only
masculine men and feminine women are straigh

Sex vs gender

Sex- a medical term used to refer to the chromosomal,
hormonal and anatomical characteristics that are used to classify an individual as
female or male or intersex. Often referred to as simply “sex,” “physical sex,”
“anatomical sex,” or specifically as “sex assigned at birth.

Gender- refers to the characteristics of women, men, girls and boys that are socially constructed. This includes norms, behaviors and roles associated with being a woman, man, girl or boy, as well as relationships with each other. As a
social construct, gender varies from society to society and can change over time

Gender identity and gender expression

Gender identity- the internal perception of one’s gender, and how they label themselves, based on how much they align or don’t align with what they understand their options for gender to be. Often conflated with biological sex, or sex
assigned at birth

Gender expression- the external display of one’s gender, through a combination of clothing, grooming, demeanor, social behavior, and other factors, generally made sense of on scales of masculinity and femininity. Also referred to as “gender presentation.

Cisgender and transgender

Cisgender- a gender description for when someone’s sex assigned at birth
and gender identity correspond in the expected way (e.g., someone who was
assigned male at birth, and identifies as a man). A simple way to think about it is if
a person is not transgender, they are cisgender. The word cisgender can also be
shortened to “cis.”

Transgender- a gender description for someone who has transitioned (or
is transitioning) from living as one gender to another. 2 adj. : an umbrella term for
anyone whose sex assigned at birth and gender identity do not correspond in the
expected way (e.g., someone who was assigned male at birth, but does not identify
as a man)

4 classes of sex offenses

Contact, no-contact, csa imagery, trafficking exploitation

Sex acts w contact- Includes the majority of sex offenses, touching of intimate body parts, either under or over clothes without consent, without consent or when the victim in incapacitated/unable to consent

Noncontact sexual behavior- No contact is made with the victim, Ex. Exposure of genitals, voyeurism, etc.

CSA Imagery- Engaging with any material of children that is for the purpose of sexual gratification of an adult

Sexual Solicitation/ Trafficking- Services involving sex that are exchanged for compensation (either money or something else) Ex. prostitution, Trafficking- lured into performing sexual services

What may increased reporting rates signal, aside from an increase in offending?

Provide an avenue for reporting

Social constructionism

How people acknowledge the world in a social context

Involves how gender, race, class, etc., affect the construct of society

Communicate with others, cultures, and other time periods

Mom, dad, kid- family could be a blended family

Definition of sexual violence

any kind of sexual activity or act (including online) that was unwanted or involved one or more of the following: pressure. manipulation. bullying. intimidation

Consent- what is it? How do we ensure we have consent

- An agreement between participants to engage in sexual activity

-Communication is key

1. Clearly and freely communicated enthusiastic yes.

2. It is an ongoing process that can be revoked anytime

3. A way to communicate boundaries

Only 25 of every 1,000 perpetrators will go to prison for their crimes

Most sexual assaults happen at or near the victim’s home

Majority of victims of sexual assault are under age 30

1 in 6 women have been victim to attempted or completed rape

Theory- what is it? How is it used?

• “Road map” to see patterns in DV, rather than a series of \n isolated events. \n • Aids in examining the cause/effect relationship \n • May inform policymakers and program designers \n • No one theory will adequately explain the complexity of the \n situation. \n • Think of each theory as a lens or pair of glasses• Many are micro-level theories \n • Inferences made from individual interactions and applied to larger social groups to form theory. \n • Meso & macro- inferences made \n regarding larger collectives and applied \n to individual families. \n • Many rooted in crim theory, \n psych/individual pathology, family-based \n theory.

Early theories rooted in psychology have a model which focuses on individuals

3 main sociological paradigms

SL,FUNCTIONALISM, CONFLICT

What is an integrated theory

Blend of family violence and feminist \n perspectives \n • Example: Resource theory should take \n gender into account \n • Low resources may affect men and \n women differently \n • If gender is a social construct, and violence \n is a way to construct masculinity, use of \n violence will have a different meaning for \n women

How we take research from multiple fields and how we combine them

Two of those branches from psych and sociology

What was the focus of early theory

-Was not integrated

-Examining forces beyond our consciousness to explain offending behavior

-Strong link to childhood, shapes personality later in life

-Hormone and androgen levels adversely affect sexual behavior

Feminist theory- how is sexual violence viewed from this perspective?

Rape and other sex offense are a cultural problem, rather than individual problem. This links to seeing sex offenses as a social problem rather than a personal trouble. Sex crimes are result of patriarchy

Queer theory, critical race theory, strain theory, Slt, rat, social control, resource theory

Queer Theory

• Challenge to normative, heterosexist assumptions that structure society

• Recall heteronormativity

• Queer- umbrella terms for a variety of culturally marginalized identities surrounding gender and sexuality

• Word itself was used to marginalize, queer theorists reclaim the word

Critical race theory

• 1970s and 1980s

• Race as central focus for analysis

• Racism is “normal” because it is so deeply embedded in society. Racism is everywhere, but can be hard to see, this makes it nearly impossible to dismantle

Strain Theory

• Anomie- state of normlessness

• Societal pressures to achieve certain goals/ success exist but not all have the legitimate means to achieve these goals. This leads to a disconnect between goal and means

• May lead to frustration/ strain to achieve the culturally appropriate goal-sex crime may result

Social Learning Theory

• We learn through observation, imitation, and reinforcement

• These social interactions guide our behaviors

• Sex offenses are learned much like other crimes (or even normative behaviors)

• Observation- acquiring knowledge/skills by watching others

• Modeling- role models. We want to emulate their behavior

• Reinforcement- Positive or negative. Determines whether a learned behavior will be repeated

  -Can come from external or intrinsic sources

• Imitation- Key for social learning. Replicating behaviors we have observed

Routine Activities Theory

• Convergence of three elements will enable a crime to occur:

  1. Motivated Offender

  2. Suitable Target

  3. Lack of a capable guardian

Social Control Theory

• Bonds to normative society constrain our behavior

• Explains why we don’t engage in crime

• The stronger the bonds, the less likely we are to engage in crime

• 4 ELEMENTS- ATTACHMENT, COMMITMENT,INVOLVEMENT, BELIEF

Resource Theory

• We all have a list of available resources to achieve goals

• Violence is one of these resources

• We typically rely on our other resources first

• When all resources depleted, we may resort to violence

• One low in resources may be more likely to use violence to achieve the goal of dominance because it is only resource available

History of sex sexuality. Brief history

How was sex viewed in ancient Greece, Rome, and Egypt. Who engaged in sexual behavior? View of children and their sexuality in these cultures

sexuality was not linked to marriage, and sexual pleasure could be received outside of marriage.
• Women in the time were viewed as “mad, hysterical, and possibly dangerous and destructive to men”
(Breiner 1990)
• Most sexual behavior was male-centered. Most same-sex depictions were those of men.
• Boys could be sold into slavery and used for the sexual satisfaction of older male “owners”
• Sappho was one prominent exception. Wrote love poems to other women. From Lesbos- the origin of the term
lesbian
Marriage is viewed as a necessity for procreation.
• Sappho was one prominent exception. Wrote love poems to other women. From lesbos- the origin of the term lesbian

Rome

• Romans believed that sexual relationships with young boys would aid in their mental development.
  • Boys were often enslaved and subjected to severe sexual abuse.

Egypt

• • Homosexual behaviors endorsed.
  • Polygamy, incest, and sexual play among children.
  • Would teach/ prepare children for adulthood
  • Brother/sister marriages common
  • Public performance of sex acts is common.
  • Intercourse with children was taboo. Oral sex was seen as a preparation for adulthood

How was sex viewed in Europe during the 18^th century? Sodomy laws? Treatment of children? Crimes against state vs. crimes against church (criminal and moral courts)

18th century- Many children were sent to brothels, victims of rape, other assaults, and murder.

-Despite this, the most dangerous place for a child at this time was within their own homes

-Incest was outlawed, viewed as a crime against the church

Sodomy- was used as a catch-all- all phrase for all “unnatural” sex acts.

• Mastubation, bestiality, oral sex, etc.

• Masturbation-considered either premarital sex (illegal) or adultery

• Illegal by the 14th c throughout Europe. They could be sentenced to death

Two distinct courts- criminal and moral. Church was the leader in the moral court

• Ex- Masturbation- moral court/ court of the church

• Ex- Incest- criminal court. Marriages were often invalidated. They could be sentenced to death

Impact of the Industrial Revolution Medicalization of sex offenders

Rise of the sexual psychopath link to moral panics

Forced sterilization laws as a part of the eugenics movement at the time

Sex offender registry- TN restrictions for offenders. What shows up on registry? Pros and cons of the registry. No national registry questions

• All information pertaining to residence, work, school

• SSN, DOB, DNA

• All social media accounts and email UN/PW info

  Live or work within 1,000′ of the property line of any public school, private or parochial school,
  licensed daycare center, other childcare facility, public park, playground, recreation center, or public
  athletic field available for use by the general public. ß regardless of whether the victim was a minor or an
  adult.
  • Reside within 1,000′ of the property line on which the offender’s former victims or the victims’
  immediate family members reside.
  • Come within one hundred feet (100′) of any of the offender’s former victims, except as otherwise
  authorized by law.
  • Contact any of the offender’s former victims or the victim's immediate family members without the
  consent of the victim or consent of the victim’s parent or guardian if the victim is a minor being
  contacted by telephone, in writing, by electronic mail, Internet services, or any other form of electronic
  communication, unless otherwise authorized by law