Notes on Gender and Crime

Introduction to Gender and Crime

Gender is a significant predictor of crime, influencing both criminal behavior and victimization patterns. Understanding gender dynamics in crime is pivotal for creating effective criminal justice policies. Historically, criminology has been 'gender-blind', often overlooking women's experiences and contributions to crime. This oversight has contributed to a biased understanding of crime, where mainstream criminology enforced negative stereotypes about women, frequently depicting them as either passive victims or deviant offenders.

The emergence of feminist criminology in the 1970s marked a significant shift in this landscape, providing a more nuanced understanding of women's roles in crime and highlighting the importance of gender as a critical factor in criminological research.

Women's Offending

Key Points:
The concept of 'female crime' is debated, with societal perceptions heavily impacting definitions and the statistical portrayal of women's criminal activities. Women have often been labeled as less criminal, which can be attributed to traditional gender roles and socialization practices that promote conformity and discourage deviance.

Moreover, societal responses to female offenders tend to be influenced by stereotypes that view women through a lens of caregiving rather than criminality, leading to unique patterns of offending behaviors that are often dismissed or undervalued.

Victimization Patterns

Statistics from 2021/22 indicate that personal crime victimization rates were notably higher among males compared to females. Specifically:

• 49% of adult female homicide victims were killed in domestic environments, which emphasizes the urgent need to address domestic violence as a critical issue in women's victimization.

• Various reports, including the Crime Survey for England and Wales, revealed differing victimization patterns, illustrating that while women are often seen as vulnerable, there exist significant statistics demonstrating the risks they face, particularly in domestic setups.

Criminal Justice System Engagement

There has been a decrease in Penalty Notices for Disorder (PND) and a drop in arrests in recent years, with males comprising the majority of those arrested. The distribution of cautions has shown slight declines among females.

• Data indicates that females are generally less likely to be remanded in custody when compared to males, reflecting a disparity in the handling of female offenders within the criminal justice system (CJS) as of 2021.

• Importantly, just under half of all female prosecutions pertain to minor motor offenses, highlighting a tendency to criminalize less severe behaviors among women.

Offence Analysis

Common Offenses for Females:

• The most frequent prosecution for women is related to TV license evasion, illustrating how seemingly trivial violations can lead to significant legal consequences.

• Shoplifting ranks highest among indictable offenses for females, often driven by economic strain and the socio-economic vulnerabilities many women face.

Custody Sentencing

Female offenders frequently encounter lower custody rates compared to their male counterparts, typically for less severe crimes. For example, only 17 out of 100 females sentenced for indictable offenses receive immediate custody, in contrast to 34 out of 100 males. This suggests systemic leniency or different thresholds for female offenders, further complicating the narrative of gender and criminality.

Characteristics of Offenders

Research indicates a higher proportion of first-time female offenders compared to males. Male offenders tend to show higher reoffending rates. However, female offenders exhibit more average offenses per reoffender, indicating different criminal trajectories.

• Reoffending Rates:

  • Females: 22%

  • Males: 35%

Women’s Experience in Prison

Approximately 8,000 women enter prison annually in England, with about 3,121 women incarcerated as of March 2021.

• Many female prisoners report histories of abuse, trauma, or motherhood, factors that critically impact their behavior and choices within the system and thereafter.

Rethinking Female Offending: Theoretical Perspectives

Biological Theories:

• Lombroso's theory postulated that women are less evolved than men, attributing criminality to natural aggression or emotional instability, a perspective widely critiqued for its deterministic view on gender and crime.

• Otto Pollak suggested that women may conceal their crimes due to nurturing roles, often resorting to manipulation rather than direct confrontation.

Sociological Theories:

• Sex Role Theory (Talcott Parsons):

  • This theory highlights societal roles and expectations that shape the behavior and criminality of individuals, emphasizing that boys are socialized towards aggression, which can translate into higher criminal behavior.

• It reflects on how socialization processes result in divergent pathways for males and females regarding crime.

Feminist Theories:

• Feminist approaches address societal structures that perpetuate gender inequality within the criminal justice framework.

• Liberal Feminism:

  • Advocates for equal opportunities and seeks to dismantle discriminatory practices affecting women’s experiences in both society and the CJS.

• Radical Feminism:

  • Focuses on patriarchal oppression and its ramifications on women’s criminality, positing that crime can be a reaction to gender-based violence and oppression, thus shedding light on the need for a contextual understanding of female offenders.

The Concept of ‘Doubly Deviant’

Women who commit crimes are often perceived as violating gender norms in addition to legal statutes, resulting in harsher treatment within the criminal justice process. This "doubly deviant" labeling underscores how societal expectations complicate the narratives around female offenders, often leading to stigmatization and adverse legal outcomes.

Media Representations

Media portrayals of female offenders often frame them as emotionally unstable or as victims of circumstance, which contrasts sharply with the harsher narratives commonly assigned to male offenders. Such representations can influence public perception and reinforce stereotypes that affect the treatment of women in the CJS.

Gender-based Violence and Criminality

Gender-based violence functions both as a cause and a consequence of gender inequality. There exists a strong correlation between experiences of violence and female criminality, often highlighting coping mechanisms. Many women who offend may do so as a form of self-defense or as a reaction to their living conditions characterized by violence and oppression.

Conclusion

A comprehensive understanding of female criminality necessitates a multi-faceted approach that considers sociocultural influences, biological arguments, and the profound impact of gender norms and inequalities embedded in the justice system. This approach is essential to develop effective policies and interventions that address the unique challenges faced by women in crime and justice.