Ch. 7 Feminist Perspective

Feminist Criminology (and Waves)

Gender perspective of criminology, focusing especially on women’s experiences as offenders, victims, and workers in the justice system. Based on the premise that women are structurally disadvantaged in the present society.

Feminist criminology developed in the late 1960s and into the 1970s.

• Wave 1 (late 1800s – early 1900s): Women ignored in criminology, feminist criminology did not yet develop.

• Wave 2 (1960s - 1980s): Focus on patriarchy, male power and violence against women (e.g. domestic abuse, assault). Feminist criminology wave emerged.

• Wave 3 (1990s - present): Focus on intersectionality (race, class, gender together). How this created different experiences with crime and justice.

What is Feminist Criminology Concerned With? (P-ES-P)

3 Elements

Some themes in common with Marxist criminology. Seeks to address the absence of women from much of the early theorizing about crime (and how criminology has mostly focused on men). Focus is on the sexist operation of the criminal justice system, girls’ and women’s experiences of crime and criminality, and the role that gender plays.

Feminist criminology has been centrally concerned with:

1. Power: Issues of power (how it effects women);

2. Economic and Social: Distribution of economic and social resources;

3. Position: Differential position of selected groups in society, which has implications for their activities as both “offenders” or “victims.”

Year Feminist Theory Emerged (& Waves)

Feminist criminology developed in the late 1960s–1970s, alongside the second wave of feminism.

• The first wave of feminism (late 1800s–early 1900s) focused mainly on gaining voting rights and political equality for women.

  • However, even after women gained the right to vote, inequality still existed in everyday life.

• This led to the second wave of feminism, which focused more on social issues like inequality, discrimination, and women’s lived experiences—helping inspire the development of feminist criminology.

How is it Similar to Marxist Theory?

Marxist criminology put questions of power on the agenda in a forceful way during the 1970s.

• Similarly, feminist criminology looks at who holds and wields power in society, and questions how this has an impact on women (e.g. white patriarchal power within society).

Second Wave of Feminism

A period of feminist activism that began in the 1960 - 1980 in the United States. It later spread throughout much of the Western world. It was commonly known as the Women’s Liberation Movement.

• Unlike earlier feminist movements that focused mainly on legal rights such as voting, the second wave aimed to achieve broader equality for women in social, political, and economic life.

This movement focused on:

• Challenging patriarchy and structural oppression;

• Raising public awareness about women’s issues;

• Addressing violence and crimes against women (such as domestic violence and sexual assault);

• Fighting for workplace equality and reproductive rights.

Key Demands of Second Wave of Feminism

• Equal pay.

• Equal education and job opportunities.

• Free contraception and abortion on demand.

• Free 24-hour nurseries, under community control.

• Legal and financial independence.

• An end to discrimination against lesbians.

• Freedom from intimidation by the threat or use of violence or sexual coercion, regardless of marital status.

• An end to the laws, assumptions and institutions that perpetuate male dominance and men’s aggression towards women.

Third Wave of Feminism

Emerged in the mid-1990s and was largely led by Generation X women who were born in the 1960s and 1970s. While they benefited from the legal rights gained during earlier feminist movements, they also critiqued the limitations of second-wave feminism.

This wave developed during a time of rapid technological change and increased cultural diversity, which influenced how feminist ideas spread and evolved.

• A focus on intersectionality, recognizing that gender is experienced differently depending on race, class, sexuality, and disability.

• Criticism of white, heteronormative feminism that ignored the experiences of many women.

• Interest in postmodern ideas, especially how gender and identity are represented in culture and media.

• Efforts to challenge and destabilize traditional ideas about sex and gender.

Key Defining Elements of Feminism (at the end of the second wave)

Daly and Chesney-Lind

Created by Daly and Chesney-Lind (1988).

• Socially Constructed: Gender is shaped by social, historical, and cultural influences.

• Structures Social Life: Gender relations organize social life and institutions.

• Power Imbalance: Gender systems are based on male dominance over women.

• Gendered Knowledge: Knowledge and research often reflect male perspectives because men have historically controlled knowledge production.

• Women-Centered Inquiry: Women should be placed at the center of research and intellectual study rather than treated as invisible or secondary.

Patriarchy

Generally refers to a social situation where men are dominant over women in wealth, status, and power. It is associated with a set of ideas, a “patriarchal ideology” that acts to explain and justify this dominance and attributes it to inherent natural differences between men and women.

• Male domination and female subordination are an entrenched part of patriarchy.

• Society structured around males.

Gendered Inequality

The situation that exists when men and women are not given equal treatment or equal access to opportunities.

Social Oppression

Oppression that is achieved through social means and that is social in scope; it affects whole categories of people. This kind of oppression includes the systematic mistreatment, exploitation, and abuse of a group (or groups) of people by another group (or groups).

• Because women have historically had less economic power and fewer opportunities, they may become financially dependent on men or government support.

• This power imbalance can make women more vulnerable to victimization or influence the types of crimes they may become involved in.

Economic Dependency

Economic dependency means relying on someone else for money or financial support.

• Economic dependency can reinforce gender inequality.

• It can make it harder for women to leave abusive relationships or challenge unfair treatment.

• It contributes to social oppression, where women have fewer choices and opportunities.

Feminist Perspective Characterstics

• Male Violence & Inequality: Crime against women is linked to male violence and institutionalized gender inequality.

• Unequal Status: Women’s lower social position leads to higher victimization and influences why some female offenders commit crime.

• Patriarchy Causes Crime: Female criminality is seen as a result of patriarchy, social oppression, and economic dependence on men or the state.

• Gendered Victimization: Crimes and victimization are often shaped by gender expectations (e.g., ideas about femininity).

• Empowerment Response: The solution is empowering women and challenging institutions that maintain male dominance.

• Equality as Prevention: Increasing women’s economic, social, and political equality can help prevent crime.

• Justice System Reform: Anti-sexist training for judges and criminal justice professionals is needed.

• Gender-Specific Support: Provide services designed for women, such as prison programs and shelters/refuges.

Sexualization Thesis

Argues that women who deviate from the traditional norms of feminine behaviours or display nonfeminine characteristics are seen to be more likely to be offenders.

• The way in which women, as victims and offenders, are processed by the criminal justice system is described in terms of the sexualization thesis.

• Notion that when the criminal justice system and its agents deal with women (in whatever capacity) they do so on the basis of certain gender-related criteria.

• Created by Freda Alder (1975).

Double Standard of Morality and Power

The idea that men and women are judged and treated differently because of gender stereotypes, especially within institutions like the criminal justice system.

• Gendered Judgement: Judged by different moral standards based on stereotypes about masculinity and femininity.

• Male-Dominated Institutions: Positions of power in the police, courts, and corrections have historically been held mostly by men, which can influence how women are treated.

• Bias in Decision-Making: These institutions may reflect societal prejudices about women’s roles (e.g. passive, nurturing, or moral).

• Different Treatment of Female Offenders: Women who commit crimes may be judged more harshly for violating gender expectations (e.g. irrational, emotional, or in need of control).

• Need for Systemic Change: Feminist criminology argues that both the criminal justice system and society need structural changes to remove gender bias and inequality.

Case Study: Aileen Wuornos Double Deviance

Feminist Criminology How Women are Perceived Differently from Men

She was convicted of killing several men in the United States. Media portrayals often focused on her appearance, mental health, sexuality, and background. She was frequently described in extreme terms (e.g., “monster” or “psycho”), reflecting gendered framing.

• Utilized her sexuality and background as a sex worker were heavily discussed (moral judgement and gender norm deviance).

• Media coverage indicate that she failed to meet expectations of femininity (e.g., nurturing, passive, attractive).

• When a woman commits extreme violence, people try to reconcile that with stereotypes, so appearance becomes central.

• Using language that framed her in a certain way (e.g. “Monster”).

Social Empowerment

The process of developing a sense of autonomy and self-confidence, and acting individually and collectively to change social relationships and the institutions and discourses that exclude lower classes of people and keep them in poverty.

• Crime prevention: Necessary for women to have greater economic, social, and political equality.

• The problem is ultimately seen as one of social empowerment of women as a broad category, and of confronting the negative and restricting nature of male domination as evident in the present institutional arrangements.

Institutional Reforms in Feminism

• Affirmative action policies to advance the position of women within the criminal justice and judicial systems.

• Anti-sexist training for lawyers and judges.

• Law reforms that recognize and acknowledge the gendered nature of the social world.

• More women within the criminal justice system that is currently dominated by males ( judges, barristers, solicitors, prison officers, and police).

• More women in academics to provide a female perspective on criminology. Currently dominated by male scholars.

The criminal justice system needs an overhaul with respect to the provision of gender-specific services (such as trauma counselling and skills training) and support systems in detention, and more resources are needed in the wider “welfare” domain (for example, sexual assault crisis centres, refuges).

Types of Feminism Approach (L-R-C-S-M-PM/PS)

These various feminist strands are primarily concerned with autonomy, rights, and power. The different perspectives within feminism broadly include:

1. Liberal: Rights, dignities, and freedoms of the individual must be protected.

2. Radical: Women are universally oppressed by patriarchy, and all men share the benefits of that oppression.

3. Cultural: Women are morally superior to men because of their female attributes, while men are naturally violent.

4. Socialist: Patriarchy and capitalism combine in creating gendered experiences of victimization and offending.

5. Marxist: Capitalism exploits women in both productive and reproductive labour.

6. Postmodernist / poststructuralist: Gender is something that we “do” as a performance that creates micro-encounters of power.

Liberal Feminist Approach

Inequality comes from the discrimination in current laws and opportunities. Emphasis is on eliminating discrimination in education, jobs, and the justice system.

• Rights, dignities, and freedoms of the individual must be protected. Focus on equality within the existing system.

• Primarily women as victims.

• Women’s crime may result from limited opportunities and unequal treatment (strain theory)

• Remove institutional barriers to equal opportunities, reform laws and institutions.

  • Examples include: Law requiring equal pay for work, equal treatment within the justice system.

Radical Feminist Approach

Patriarchy is the root of the problem, due to society being structured around make power and dominance over women.

• Women are universally oppressed by patriarchy, and all men share the benefits of that oppression.

• Women as victims of male violence. Crimes against women are seen as methods of control.

• Female crime and victimization are linked to patriarchal power structures.

• Address the historical exclusion of women from political, social, and economic spheres and decision- making, need for major structural changes to society, not just slight reform.

  • Examples include: #MeToo Movement, women’s shelters and refugees.

Cultural Approach

The cultural approach to feminism focuses on the idea that women and men have different values and experiences. Women’s traits and perspectives should be recognized and valued in society. By valuing traits like care and cooperation, society may become less violent and more equitable.

• Women are morally superior to men because of their female attributes (for example, reproduction, caring, and sharing), while men are naturally violent.

• Women as victims of male violence.

• Empower women to live outside of men’s control.

Socialist Approach

Argues that women’s inequality is caused by a combination of capitalism + patriarchy.

• Patriarchy and capitalism combine in creating gendered experiences of victimization and offending.

  • Inequality is linked to both gender and social class.

• Women’s victimization in the private sphere, and women’s sexualized commodification in the public sphere.

• Women’s involvement in crime may result from poverty, economic marginalization, and limited opportunities.

• Empower women in the private and public sphere, create economic and social equality by addressing both gender inequality and class inequality.

  • Examples include: Childcare support and parental leave policies, women’s shelters and refugees.

Marxist Approach

Argues that women’s oppression is mainly caused by capitalism, which benefits from women’s unpaid labour and economic inequality. Capitalism and class inequality causes women’s oppression.

• Capitalism exploits women in both productive and reproductive labour.

• Women as victims of exploitation and women’s crimes of poverty.

• Women’s crime can be linked to economic marginalization and poverty under capitalism.

• Transform the economic system, or replace the capitalist system to create economic inequality.

Postmodern Approach

Argues that there is no single, universal experience of being a woman, because women’s lives are shaped by many different factors such as race, class, culture, sexuality, and history. Women’s experiences differ based on identity and context.

• Gender is something that we “do” as a performance that creates micro-encounters of power. Gender interacts with race, class, culture, sexuality, and other identities.

• How gender is understood in terms of women’s victimization and offending.

• Crime and victimization should be studied by looking at different social contexts and identities.

• Disrupt and reconstruct the ways in which women are harmed by the discourses of violence, recognize the diverse experiences of women and challenge the narrative around gender.

  • Examples include: How the media portrays women, language used to shape a story.

Explanations of Female Offending

Social, biological, economic, and psychological explanations have been used to develop theories to explain why women commit crime, as well as why they commit less crime than men.

• Due to lower statistics of women offending, investigators within the criminological field have often regarded it as unimportant to look at female offending or female victimization.

• Women (in their opinion), do also not appear to be victims of serious crime in the way men are (except with domestic violence cases).

Biological Reductionism

Refers to the way that behaviour to a physical level and explained in terms of neurons, neurotransmitters, hormones, brain structure. Explaining complex human behavior by only looking at biology (like genes, hormones, or the brain), while ignoring social or environmental factors.

• Instances where female experiences and behaviour are reduced to the imperatives of biology—the (biological) sex of a person is seen to dictate or determine appropriate social roles and practices in terms of one’s gender (social constructions of femininity).

Biological Explanations

Historical Development

Viewed female crime as stemming from biological causes. Most focus on sex-specific biological differences as the standards by which to compare men and women, and as explanations for particular kinds of activity.

• Early theories believed women were naturally passive and not aggressive, so they thought women were unlikely to commit crime. Crime was seen as more “male” because it involved aggression and physical strength.

  • If a woman committed a crime, she was considered “doubly deviant” because she broke both social rules and what people thought was her natural role as a woman.

• Some theories said women might hide their crimes better or use sexuality to get lighter treatment from police or courts.

• Other theories linked women’s hormones (like menstruation, postpartum depression, or hormonal changes) to certain crimes, such as infanticide.

Socialization Theories

Some theories explain female crime through how women are socialized and expected to behave. . If girls are poorly or incorrectly socialized, they may become involved in deviant behaviour, sometimes influenced or manipulated by men.

• Some theories say female offenders are under-socialized and struggle to follow normal social rules.

• This can lead to sex-related behaviour (e.g., promiscuity or sex work) as a way to gain acceptance or approval.

• Other theories claim women commit crime because they feel emotionally disconnected or unloved, leading to “acting out” behaviours.

• These ideas often assume women are naturally emotional and dependent, this is still biologically focused.

Feminist Responses

Historical Development

Feminist scholars argue that biological and socialization explanations create a double standard for women. These theories confuse sex (biology) with gender (social roles).

• Women are often assumed to have a fixed biological nature that determines how they should behave socially.

• If women do not follow traditional feminine roles, it is sometimes blamed on biological defects or weaknesses.

• Feminists argue that power and inequality in society are key to understanding women and crime.

  • Society is largely male-dominated (patriarchal), and this affects laws and the criminal justice system.

• Feminist legal scholars study gender bias in laws and legal reasoning (e.g., the idea of the “reasonable man”).

• Historically, women were sometimes treated as property rather than full rights holders, and feminists study this ongoing struggle for equality.

Sex Variable

The difference between men and women; traditional criminology ignores the fact that females can commit crime and the specific conditions under which women exist in society.

1990s Feminists Four Key Areas of Investigation (VIEW)

Violence against women: Study and address issues like pornography, domestic violence, sexual assault, and sex work.

• Much has been done to change the way the criminal justice defines and responds to intimate-partner and family violence.

• Constrained responses to domestic violence is rural and remote areas.

• Prosecution of sex workers, and not the men (policing of women more).

• Targeting of women in online crimes.

Intersectionality: Examine how race, class, sexuality, ethnicity, and disability affect women’s experiences with crime and victimization.

• Concern is expressed regarding why working-class, sexuality- and gender-diverse, Indigenous, and young people are overrepresented in the crime statistic.

Equality vs. difference in the justice system: Consider legal equality, affirmative action, and the specific needs of women in prison.

• Developments are much slower. Girls are treated differently within the justice system over boys. While girls are more likely to be charged, they are less likely to be found guilty, but are just as likely to be incarcerated as boys if found guilty. Girls were also more likely to have their cases marked for review and follow up.

Women’s violence: Study violence committed by women, such as intimate partner violence, family violence, and increasing public violence.

• Research in the area of women’s violence is rich and varied—from the gender differences in forensic psychiatric patients, to the intersectionality of gender and sexuality in gay gang members, to the media’s representation of women’s violence.

Four Main Ideas Shared by Early and Modern Feminist Criminology

USDW

Early feminist theory (1960s–1970s) and modern feminist criminology share four main ideas.

• Usual suspects: Certain groups (often marginalized people) are more likely to be suspected or targeted by the justice system.

• Sexualized double standard: Women are judged more harshly when they break gender or sexual norms. This is especially prevalent as it relates to sex crimes.

• Deserving vs. undeserving offenders: Society decides who deserves sympathy or punishment based on gender stereotypes.

• Whose harm counts: Some victims’ experiences, especially women’s harm or violence against women, are taken less seriously.

Legitimation (RNC)

The process where power or inequality is made to seem normal, justified, or morally acceptable in society.

The following are examples of the perpetration and legitimation of these crimes:

• Reinforcing Power: Some feminist scholars argue that pornography can reinforce ideas that women are objects for male pleasure.

• Normalizing Exploitation: This may normalize or legitimize sexual exploitation, meaning it can make harmful behaviours seem acceptable.

• Concern for Vulnerable Groups: There is particular concern about sexual exploitation of children, where harmful attitudes can be reinforced.

First Critique of Feminist Theory (Intersectionality)

Some feminist theories do not fully address race, ethnicity, or class.

• Research shows race is an important factor in who is represented in the criminal justice system.

• Class background also affects how people experience crime, victimization, and criminalization.

• This means crime and justice must be understood by considering gender, race, and class together.

Second Critique of Feminist Theory (Crime Focus)

Some scholars argue feminist criminology should not only focus on women. It should work toward a nonsexist criminology that studies gender more broadly.

• Crime should be examined by looking at both women’s and men’s behaviour.

• Researchers should study how society socially constructs femininity and masculinity.

• The relationship between these gender roles can influence crime and criminal behaviour.

Third Critique of Feminist Theory (Postmodern)

Postmodern and poststructuralist feminists question theories that portray women only as victims. Seeing women only as weak, passive, or vulnerable can undermine their autonomy.

• Women should also be recognized as survivors, resilient, and capable of making choices.

• When women commit serious crimes, saying they are less responsible can also undermine the idea that women have agency.

• Argue it is important to balance recognizing victimization with recognizing women’s ability to make decisions.

• Overemphasizing victimhood can reinforce stereotypes and harm the goal of gender equality.

Fourth Critique of Feminist Theory (Political)

Feminist criminology faces backlash from conservative groups, including some men’s rights movements. Backlash often happens after progress in women’s rights.

• Feminist criminologists highlight issues faced by female victims and female offenders in the justice system.

• However, “law and order” political movements may shift focus toward punishment and individual blame.

  • These approaches focus on personal responsibility, while feminist theory emphasizes structural inequality, patriarchy, and social conditions.

  • Political movements that emphasize punishment, strict sentencing, and individual responsibility may reduce attention to gender inequality.

  • The emphasis on crime control and punishment can overshadow or weaken feminist perspectives on gendered power imbalances.

Fifth Critique in Feminist Theory (Scholar Debate)

This critique is about disagreements among feminist scholars about how power works in society and how it should be studied. Feminist scholars disagree about how power operates in society and institutions like the law and criminal justice system.

Older feminists: Focus on changing laws and achieving equality. Postmodern feminists: Focus on analyzing how power and control operate in subtle ways.

• Some newer scholars use postmodern or poststructuralist ideas, which study how power controls people through institutions, rules, and even the body.

• These newer approaches sometimes conflict with earlier feminist ideas, which focused more on clear goals like equality and social reform.

• Because the two sides see things differently, the debate has created a stalemate (no clear agreement) in feminist theory.

• Even though there is disagreement, the debate has pushed feminist criminology to become more detailed and complex in its research.