Women, Crime, and Justice Exam 3

defining gender based abuse

violence against women as the most common and most invisible human rights violation in the world

not all abuse is violent

but most violence is abuse

1970s

second wave of the feminist movement

1974

the creation of the ten “battered woman”

1975

“sexual harassment” was labeled a behavior

1980

“date rape” was first identified as a problem

1990

“stalking” was first identified as a criminal behavior

the term gender-based abuse first appeared in

publications having to do with health often about women’s higher rates of depression relative to me

stress

gendered and a primary precursor to depression leading to depression being gendered

marriage and depression

a protective factor for men but a risk factor for women

gendered nature of depression attributed to

disadvantaged status in marriage, wages, job opportunities, economic independence, limited access to women health professionals, sexual harassment on the job, physical assault, sexual abuse, abortion, and incidents of sexual discrimination

existing studies on gender, stress, and depression excluded

GBA

types of GBA

rape, sexual abuse, IPA, stalking, infibulations, clitoridectomy, dowry death, honor murders, selective malnourishment, bride burning, female infanticide, daughter neglect, forced prostitution, sex work, human sacrifice, human trafficking, pornography, forced marriage, obstetric fistula

GBA is related to

sexuality, hate crimes against LGBTQ+ individuals

forced marriage

form of GBA where duress is used to enact the marriage or to seek consent

sex in a forced marriage

is considered rape

elder abuse

often committed by intimate partners, other family members, or service providers disproportionately against women

child abduction

GBA where girls were 64% of the survivors and men were more likely abductors in every victim offender relationship

revenge porn

when someone takes a sexual image and distributed it online without the consent of the individual depicted in the image

impact of revenge porn

difficulties finding or keeping jobs, stalking, and deep feelings of shame, humiliation, depression, loss of control, anxiety, and betrayal

support of criminalization of revenge porn

women more supportive than men

significance of sexist culture

gender role stereotyping begins before birth, threatened and actual GBA can define and limit women and girl’s place in society by restricting their freedom and quality of life

toxic masculinity

those aspects of hemogemonic masculinity that are socially destructive, such as misogyny, homophobia, greed, and violent domination

rape culture

the mechanism that channels toxic masculinity into specific, socially legitimized practices of sexual violence

gender socializations

prepare girls and women to be victims and boys and men to be perpetrators of GBA

where does condition fear to GBA come from

parents, siblings, teachers, the media, and other places

culture blaming more common for

women who dont follow traditional gender scripts

men with higher levels of hostile sexism

more likely to adhere to rape myths and to be sexually abusive and aggressive

who benefits from rape

all men

how do men benefit from rape

it keeps women in a state of fear

gender socialization

emphasizes the view that women are vulnerable and should be cautious and men are strong and should be fearless thus dominating how women and men talk about and manage fear and victimization in public spaces

gender inequality is heightened during

conflict and wars and is a risk factor for increased GBA

the relationship between gender inequality and GBA

GBA causes gender inequality and gender inequality causes GBA

evidence of those who commit GBA

often commit more than one type and more frequently again many victims

evidence about survivors of GBA

often survived more than one type of the same type from more than one abuser

the paradox of fear

men are more likely to be survivors of crime but women re more afraid of crime

what is the cause of the paradox of fear

women’s elevated fear of GBA victimizations

physical vulnerability

women are typically smaller than men

gender socialization

women to be weak and acquiescent and men to be dominant and tough

patriarchy

reported that men use rape and the threat of rape to control women

the shadow of sexual assault

women are more afraid of crime generally because they are particularly afraid of sexual assault and the likely physical and emotional consequences that they would face if they were raped

fear of burglary gender differences

no gender difference

fear of robbery

men have greater fear

fear of sexual assault

women have far more fear

police presence

women are more likely to feel a sense of security

women themes

avoid public neighborhood spaces especially at night and rely on the company of others for protection

across gender who’s mrore afraid of crimes

older people, people smaller in stature, people with physical disabilities, and women with children

men fear of crime as a result of

their neighborhood

fit young women

see themselves as less vulnerable than most

US racism and rape laws

inseparable, racial constructs of Blacks and Native Americans were used to justify slavery and colonization

stereotypes of Asian women

still in effect from them being trafficked from Asia to California to serve as prostitutes

Latinas

have been sexually exploited and forced into prostitution

definition of rape was closely tied to

the intersections of gender, race, and sexuality

difference in rape punishments

slave owners and White men freely raped African American women while death was the punishment for an African American man convicted of raping a White woman

slave codes did not recognize

the rape of an African American women so there was no punishment

laws stated women who worked outside the home or whose race has a history of sexual exploitation

were outside the realm of “womanhood” and its prerogative so they are not legally allowed to be raped

rape laws were originally mandated to protect

upper-class White men whose wives and daughters could be assaulted

correlation between marginalization and GBA victimization

the more pressed the more GBA victimization risk, the m ore opresse4d/marginalized groups one is a part of the higher the risk of GBA

intersectional harassment

the intersectional nature of harassment and its function within systems of domination

the CLS and society

tend to minimize GBA particularly of survivors of Color and/or poor

who has worse experiences in the CLS

women of color, disabled women, poor women, and LGBTQIA+ women

where does human trafficking occur

in almost every part of the world and is one of the most serious human rights violations and fastest growing industries in the world

women disadvantage and human trafficking

they are discriminated against as women and as migrants and are highly vulnerable to sexual and physical abuse

US immigration laws and policies

unintentionally assist traffickers’ control over victims once the victims are in the US

undocumented immigrants and trafficking in the US

more vulnerable to threats because they know that efforts to seek legal recourse can result in protracted immigration detention, criminal prosecution, and removal

existing research of trafficking victims in the US

many are only identified when they encounter law enforcement usually in the form of arrest

problem of defining rape

difficult socially, legally, and academically

evidence from research about rape

primarily committed by men/boys, at least a quarter of women in the US have been sexually assaulted in adolescence and/or adulthood and 18% have been raped

victim statistics of rape

9% of victims are boys and 99% of perpetrators against women/girls are men/boys and 54% of the perpetrators against men/boys

when men/boys are perpetrators of rape

they tend to abuse at more serious levels and have a larger age gap

most child sexually abuses

are not violent

consent

knowing and voluntary agreement to have sex, key to establishing whether a sexual event is sexual abuse, can be made verbally or nonverbally

3 standards of attributing sexual consent

affirmative behavior, affirmative nonconsent, and affirmative language

coercion

associated with using psychological methods or alcohol/drugs to sexually abuse, can include threats of violence

study by Cook and Messman-Moore

study of college women rape survivors identifies sexual abusers’ tactics most consistent with the coercion/exploitation continuum, survivors reported numerous tactics by abusers, taking advantage of voluntary intoxication (83%), continuing sex after “no” (73%), used force (27%), gave alcohol or drugs without knowledge (11%), threatened (9%)

problem of naming the phenomenon of intimate partner abuse

many different types of abuse including not physical types, any partnership

keeping IPA invisible

not thought about until late 1990s, talked about in context of violence, because victims have reluctance to the label they can be reluctant to seek help, experience abuse but not violence dont think they are victims, unacknowledged victims

unacknowledged victims

those who refuse to believe that their situation is sexual abuse/ they won’t acknowledge they are a victim no matter what

cultural prohibition

want to maintain position in the cultural group

older definition of stalking

a course of conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication or verbal, written, or implied threats or a combination thereof that would cause a reasonable person fear

new definition of stalking

persistently pursue another individual in a way that it instills fear in the target

restricted definition of drug and alcohol facilitated sexual assaults

drug/alcohol-related sexual abuse or sex with someone “who is unable to consent or resist sexual intercourse owing to alcohol or drug intoxication”

Levine’s analysis of US rape law reform document problems

narrow definitions of women and of sex that exclude trans women

Levine’s analysis of US rape law reform found

in many states the concept of rape was limited to penile-vaginal penetration with solely male perpetrators and solely female victims

early English law aimed at

protecting virginal daughters in wealthy families

early English law rape definition

penetration of the vagina by the penis where ejaculation had taken place

early English law used to justify

followed until the 1970s, women’s place in the home

early English law being raped caused women

to lose their credibility because by admittance she had sex with a man not her husband

growing body of research of the historical developments in defining rape

documents man-to-man and woman-to-woman sexual abuse and though far less common than different-sex rape, the dynamic are similar and most often committed by current or former partners or dates

four major legal changes

recognition most sexual abuse victims and offenders know each other, Brough in other rape definitions (not just sex), any gender can be a perpetrators and any can be a victim, rape can be forceful and/or coercive

rape myths

incorrect beliefs and assumptions about the perpetrators, victims, and effects of rape

myths about alcohol/drugs

increase the risk of rape but do not rake responsibility away from the perpetrator

disclosure for rape

least likely violent crime to be reported to the police