Rape- Fraud

Definitions

  • Rape

    • FBI Definitions:

      • Legacy definition: "the carnal knowledge of a female forcibly and against her will".

      • 2013 Revised UCR definition: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

      • Current NIBRS: Includes three non-consensual offense types: rape, sodomy, and sexual assault with an object.

      • Consent incapacity: Includes cases where the victim cannot give consent due to age or mental/physical incapacity.

      • Attempts and assaults: Attempts or assaults to commit rape included; statutory rape and incest excluded.

    • Summary of definitions:

      • Rape: The carnal knowledge of a person, without the consent of the victim.

      • Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim.

      • Sexual assault with an object: Unlawful penetration of the genital or anal opening of another person using an object, without consent.

    • NCVS Definitions:

      • "Forced or coerced sexual intercourse, including attempted rape and threatened rape."

      • Forced sexual intercourse including vaginal, anal, or oral penetration by the offender(s).

      • Inclusion of penetration by foreign objects (e.g., bottles).

      • Covers male and female victims, and same-sex and different-sex offender scenarios.

      • NCVS Sexual Assault: "Unwanted sexual contact between the victim and offender, which may or may not involve force."

      • Includes actions such as grabbing, fondling, and verbal threats.

  • Battering/Domestic Violence: Physical attacks committed by intimates.

    • Intimate Partner Violence (IPV):

      • May encompass other forms of violence beyond battering (e.g., sexual assault, forcible rape, homicide, robbery).

Extent of Rape and Battering

  • The Extent of Rape:

    • significant underreporting

    • 2010 Data:

      • UCR: Approximately 85,000 forcible rapes (using legacy definition).

      • NCVS: Estimated nearly 190,000 rapes/sexual assaults.

      • NISVS: 1.27 million attempted/completed acts of forced or non-consensual penetration.

    • Lifetime Prevalence: Numerous studies estimate lifetime prevalence of rape among 20-35% women.

  • The Extent of Battering:

    • Approximately 15% of all female assaults categorized as battering.

    • Battered women more likely to be victims of rape/sexual assault.

    • Noted significant underreporting in national crime surveys (NCVS vs. UCR).

  • Context of mandatory arrest policies: if there is enough evidence to name a primary aggressor the police are required to arrest them even if the victim does not want to press charges

Defining Property Crimes

  • Types of Property Crimes:

    • Part 1 offenses

      • Burglary: Unlawful entry (completed or attempted) of a structure to commit a felony or theft

      • Larceny-theft: The unlawful taking of property from another’s possession without force or fraud.

      • Motor Vehicle Theft: Stealing of a self-propelled motor vehicle, either attempted or completed.

      • Arson: Willful burning or attempt to burn a dwelling, public building, or personal property of another.

    • Part 2 offenses

      • Forgery and Counterfeiting: Making, altering, uttering, or possessing false items with intent to defraud.

      • Fraud: Obtaining money or property dishonestly.

      • Buying/Receiving/Possessing Stolen Property

      • Embezzlement: The act of wrongfully taking or misappropriating property that is entrusted to one’s care.

Social Patterning of Property Crime

  • Geographic and Demographic Patterns:

    • Property crime is patterned both geographically and demographically.

      • Higher instances of property crimes in urban areas mostly in the southwest

    • Social organization and roles in property crime:

      • Is a young persons offense, primarily teens

      • 80-90% of burglaries, arson, and mv theft are committed by males

      • about 40% of larceny thefts are committed by women shoplifting

    • Typical profile of property offenders includes:

      • highest percent of arrested offenders are white while black people are disproportionately over-represented

      • Often are from low income communities

The Social Organization of Property Crime

  • Social Organization: Roles and social networks supporting criminal activity.

    • Amateur (opportunistic/occasional)

      • vast majority; young (teens to twenties); unskilled; little to no planning; very small profit/benefit

    • Professional

      • rarer; older; skilled; plan; profit can be high

    • Distinction between various types of theft:

      • Shoplifting:

        • Snitches: Most shoplifters steal small items for personal use

        • Boosters: professional thieves comprise about 10% who may sell stolen goods.

      • Auto Theft:

        • Joyriders: Teenage boys typically engage for short time then dump the vehicle

        • Professionals: older, skilled thieves dismantle vehicles for parts or sell them at fences are rarely caught

      • Burglary:

        • Most Often involves amateurs who tend to use unlocked doors or apply crude force to enter.

      • Professional burglars require assistance

        • Tipsters: provide info one safe, potential targets

        • Fences: buy and sell stolen goods

      • Best practices in burglary prevention:

        • Households with security measures less likely to be burglarized.

        • Target Hardening: Increasing security to deter amateur burglars more effectively than professionals.

Shoplifting

  • Rates of shoplifting reflect high instances among youth (25-30% of high school seniors; ~10% of all shoppers including many employees).

  • Annual losses due to shoplifting run into billions of dollars.

  • Reasons for the Prevalence of Shoplifting:

    1. Sneaky thrills

    2. Cultural emphasis on material possessions and consumerism.

    3. Teen subculture influenced by consumer-oriented environments.

    4. Routine Activities Theory: Large retail stores create opportunities for stealing.

Fraud-related Crimes

  • Fraud: Involves obtaining money or property illicitly, with several forms including:

    • Tax Fraud: Intentional failure to pay legally owed taxes, often due to unreported income.

      • Tax gap = $1 Trillion, comes from failure to report self employment income and false deductions

      • Much of the non-reported income belongs to upper and middle class professionals

    • Identity Theft: Estimated losses around $15 billion annually.

    • Insurance Fraud: ~$80-300 billion per year associated with fraudulent claims.

    • Street Property Crimes: ~$16 billion

    • Fraud overall: ~$1+ Trillion