Midterm Study Guide
Midterm Study Guide CMLGY 3301 31
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Date Created: 10/13/16
Women and Crime – Exam 1 Study Guide Dante 1 Introduction to Women and Crime The study of women and crime is relatively new The field of criminology was developed in the early 1900s It first started in Chicago by Sociologists They only studied men to being with, women only began to be studied in the 1970s o This started because of the second wave of feminism The first wave of feminism was in the 1920s, and resulted in women’s right to vote o The second wave was fighting for the right to work To obtain the right to work the same job as men and receive the same pay as men o They were also fighting for reproductive rights o 1972 – Roe v Wade gave women the right to have abortions legally o Prisoners were obtaining rights: o 1960s and 1970s were known as the Due process revolution o Due process: your constitutional rights to be processed under the law There are more women working in the criminal justice system, more visible crime, there was a lot of aggression during this time o Every time there is a fight for equality there is a backlash from people who don’t believe in this progression With social progress comes what can be viewed as deviant behavior o The LGBTQ+ community were also on the rise and looking for equal rights There was a type of chivalry towards women where they wouldn’t be arrested as often and tried as often as men This chivalry disappeared when women began demanding equal rights Women and Crime – Exam 1 Study Guide Dante 2 Data Sources UCR: Uniform Crime Report Crimes reported to the police Arrests 97% of Police department participates Run by the FBI o Shown us that female offending increased by 12% from 1999 to 2009 o Along with this, the overall crime rate is going down consistently, with the exception of female offenders The homicide rate has escalated, most likely due to the most recent racial tensions o An alternate explanation for this rise in female crime rate is the next wave of feminism: they’re being arrested and prosecuted much more than they have in recent years o It’s more about how we treat women, rather than women changing over time o An increase in of prosecution in terms of prostitution o Many women are in jail for prostitution, theft, and drugs Women are serving time for drugs due to their partner or spouse being involved in dealing drugs, rather than they themselves being the one selling the drugs They wind up making phone calls from their houses, stashing drugs in their houses, and driving the men around to make the deals Prior to the 1980s/1990s, that wouldn’t result in the women being sent to jail ***Mandatory punishment laws set in place in the 1980s/1990s for drug crimes substantially increased the prosecution and punishment for women involved in drug crimes*** (Minimum of 10 years for all drug crimes) o Also a major increase in female prosecution for domestic cases Pre 1970s nobody was arrested for domestic violence cases, along with the second wave of feminism came mandatory arrest if there is an evidence of domestic violence Due to men’s demand for equal treatment, most departments will arrest both the victim and the abuser when a domestic violence case is reported Women and Crime – Exam 1 Study Guide Dante 3 NCVS: National Crime Victimization Survey Survey of households asking about how they have been victimized Run by the FBI and the Census Bureau o Sample 38k households across the US to represent the population Only surveys the traditional household Only surveys victims over the age of 12 (excludes all cases of childhood sexual assault) o These two NEVER have the same numbers, but we can tell they’re on track because they follow the same trends (this shows there is some accuracy to both) o ***Both systematically under report crime*** Many people will not want to admit to being victimized Does not report crimes in nursing homes, apartment complexes, college campuses, homeless population, children under 12 Police departments fudge the numbers, both over reporting and under reporting Both under report female victimization SUBSTANCIALLY Domestic violence is definitely under reported for fear of backlash Rape and sexual assault are extremely under reported o Only 40% of sexual assaults are reported o There’s shame and a stigma against these victims o There’s also the fear of re victimization during the trial o Women are also taught that this is almost the norm o Many women believe that they won’t be believed if they report the rape or assault o Most of the time they know the attacker o Fear of victim blaming Women and Crime – Exam 1 Study Guide Dante 4 o There is a trend of women not getting justice so many believe they won’t get justice if they report it SRD: Self Report Data Victimization Fear of Victimization o Not all people are victimized, and not all people are afraid of being victimized o People fear being victimized when they’re in unfamiliar areas or with unfamiliar people, when they are vulnerable (like when they take an Uber and don’t know the driver) College students may fear having things stolen from their dorms or from them (ex. A girl’s phone was stolen in the cafeteria when she left it on the table) o Women (generally) are more afraid of being victimized o The odds of you being victimized aren’t that great, but women have a greater fear of victimization Males are victims more, but females fear victimization much more o Most women are afraid of sexual assault, this is called the shadow of sexual assault Women fear being sexually assaulted and this fear extends to other types of victimization For the most part, men are larger than women and can overpower them Women are raised not to get raped, men are not taught to not assault women There’s a huge stigma around being a victim of sexual assault o There’s little to no high quality and effective sex education, thus children and teenagers do not learn about consent o There’s a patriarchal structure that society adheres to that causes women to be blamed for being sexually assaulted or raped This leads to people placing the blame on women, rather than the criminal Victims are always asked “What were you wearing?”, “Did you lead him on?” etc. etc. o The media presents the worst types of stories about crimes (the grandiose crimes), this causes the layperson to believe that crime is rampant Women and Crime – Exam 1 Study Guide Dante 5 Women fear sexual assault because of the perpetuated idea that sexual assault and other crimes are rampant o Politicians have an interest in keeping people scared because people then turn to them and their policies to lower the crime rate and keep us safe – the Theories of Victimization o Hans von Hentig Gave a list of things that may cause people to be more likely to be victimized A typology of factors that put people more at risk Criticized as someone who blamed victims since he gave factors that could cause people to be victims, where he was just really trying to explain why people may be victimized Ex. Young immigrant women are more likely to be victimized Young immigrant men, while assumed to be the perpetrators in these crimes, are actually more likely to be victimized o This happens because of people’s animosity because they think immigrants are taking their jobs o There may be language barriers o If they are illegal immigrants they can’t report the crimes o Routine Activities Theory (RAT) Developed in the 70s by Marcus Felson and Lawrence E. Cohen Crime is the product of your everyday, routine activities Predictability is one of our worst enemies These three factors are the causes of crime, according to RAT o Motivated offender Anyone can be a motivated offender o The absence of capable guardian An empty parking lot, a lack of bystanders, not having a security system, living alone Women and Crime – Exam 1 Study Guide Dante 6 o Desirable target Person, a car, a phone, jewelry, anything of value to the motivated offender There was an increase in crime rates in the 1970s How does RAT apply to women? o Women used to be homemakers, confined to the home o Them leaving the home leaves it susceptible o They are also leaving the safety of their home o Through the course of routine life, women became more susceptible to crime Ex. RAT on college campus – Women are living away from guardians, they have a highly structured schedule (with classes), and many people can be motivated for sexual assault o Life Style Theory – Similar to RAT One’s lifestyle will increase their risk of victimization o Women who work as bartenders or dancers, or any type of late night job are much higher risk o Living alone and living in a city can increase risk o Alcohol and drug use can increase risk Ex. Young girl goes to a bar by herself at night and drinks a lot, she goes missing and is later found dead, having been assaulted and murdered by the bouncer at the bar. There was a debate as to whether or not her death was her fault, since she was out alone at night. This case brought up debates as to whether or not women should be able to go out alone or at night Both this and RAT are problematic in their victim blaming, rather than really explaining why women are more victimized Theories of Women as Offenders Some of these are very dated, sexist, offensive, and mostly written by men The Born Criminal Theory o Cesare Lombroso – a biological criminologist Women and Crime – Exam 1 Study Guide Dante 7 Said crime is due to people being born criminal, there was an issue with the development of the fetus People were born with physical abnormalities (flat skull, abnormally large or small ears Women are much less criminal than men because they are too weak, unintelligent, and incapable of committing crime o Said they were a dumber, weaker, inferior sex overall o If she commits a crime, she’s a born criminal o Full of hate, seeking revenge, less sensitive to pain Freud’s Theory on Female Offenders (He’s full of shit) When your id is too great, you act on impulse and are more likely to commit crimes since the ego and superego cannot contain it You cannot locate the id, ego, or superego – they are theories that cannot be tested, and are weak Freud said women committed crime because of penis envy o They are anatomically inferior to men because they lack a penis, and are thus traumatized early on in life o They grow up vengeful and hateful, this feeling stays with them their whole life o The deviant women is one who tries to compensate for her lack of penis by acting like a man Otto Pollack’s Theory Women commit just as much crime as men, but they just hide it better Women are more deceitful and better at hiding things because they’re used to faking orgasms and hiding their feelings during menstruation – they’re used to having to do these things They are very vengeful (especially during their ‘time of the month’) He said this coupled with women’s role at home helps them to conceal crimes because… o They’re seen as more motherly and nurturing o Because they were homemakers or nurses, they were able to commit poisoning and abuse without being detected o Poisoning was nearly impossible to investigate because there wasn’t the medical technology needed to go toxicology screens Women and Crime – Exam 1 Study Guide Dante 8 There was also chivalry in the criminal justice system, so women were not really tried as men would be New Theories on Women in Crime o 1970s brought new attention and theories for women on crime, particularly written by women o There was a movement away from dated theories that were biological and psychological explanations, towards sociological theories that focus on the inequality between men and women o Theorists looked towards how men and women are socialized Men are socialized to be tougher, they play sports and aren’t supposed to be emotional Women are socialized to softer and more complacent, more protective and nurturing o First feminist criminologists were Freda Adler and Rita Simon They were considered liberation/liberal theorists o They believed women committed crimes because they had the same opportunities as men o Adler said opportunity = crimes o Simon said liberation gave women the same chance to act as greedy, selfish, and self interested as men Feminist criminology has multiple different perspectives o Many other female theorists were offended by Adler and Simon’s theory Women’s liberation was not the cause, and women still did not have the same opportunities as men o Radical Feminism – they reject the liberation theory because it does not go to the heart of the problem The heart of the problem is the patriarchal system Men are in charge, so women did not have the same opportunities as men o Marginalized populations were the people committing these crimes o They didn’t have any opportunities outside of crime o They also believed that the real crimes were crimes committed by men against women (domestic violence, rape, stalking) Women and Crime – Exam 1 Study Guide Dante 9 o Women were committing lower level, permissible crimes when men are committing violent crimes that are not persecuted o Marxist Feminist – the most extreme Capitalism is the problem, it allows men to control the economy, and thus control women Women commit crimes like prostitution and theft in order to survive These women were punished for their low level crimes of survival They were punished because they were defying the patriarchal society and were a threat to it o These women are poor, victimized, and could abuse substances Recently criminologists have incorporated parts of this theory into their work o Almost all women who are incarcerated share the same attributes, almost all of them have been victimized o The early explanations were all biological and psychological, but the new theories are sociological It’s not that women are born wrong, but the social structure and subjugation of women is what causes the crime This same progression of theories happened when observing crimes committed by men, there was just a 40 year gap between when it happened for men and when it happened for women o Women were not allowed in the police force until the 70s Rape and Sexual Assault o Rape is considered one of the big index 8 – meaning that it is deemed one of the most serious and prevalent crimes by the UCR o Rape is one of the oldest crimes, although it wasn’t always recognized as a crime The component of the crime have evolved substantially o The definition of rape and sexual assault has changed greatly o While rape is a very serious crime, the victim is usually blamed Victim blaming is most prominent in cases of rape and sexual assault Women and Crime – Exam 1 Study Guide Dante 10 Model Penal Code for Rape o Rape. A male has sexual intercourse with a female not his wife is guilty of rape if He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or He has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or The female is unconscious; or The female is less than 10 years old o This definition of rape is extremely troubling because it… Implies that if a man does any of this to his wife, it is not considered rape It is only considered rape if he gives her the intoxicant, so if the victim drinks voluntarily it is not considered rape It implies that if the victim is awake and not intoxicated, it is not considered rape It does not account for the assault of children between 10 and 18 It implied that rape is only the act of intercourse, discounting rape done with foreign objects or other forced sexual acts This also implies that rape can only occur between a man and a women, with the women being the victim. This discredits all cases of same sex rape, and rape of men o Comparing New Jersey’s Sexual Assault Statute The law covers people who are mentally incapacitated due to physical/mental diseases or illness which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct The language is wrong when they refer to the actor as he, but it does leave room to refer to any gender The law is giving primary help to victims who are younger o It’s trying to differentiate between rape and statutory rape o Statutory rape – the intent does not matter in this case, if you commit the crime you’re guilty no matter what New Jersey has done a good job of modernizing their laws o These evolved laws show us that our laws have evolved Women and Crime – Exam 1 Study Guide Dante 11 It gets rid of the martial aspect It’s not longer just intercourse, any type of penetration is assault The definition of rape has been broadened The definition of the victim has expanded, it’s not longer just women The notion that the victim must resist physically is somewhat being phased out o This case is a bit murky, reference the Brock Turner case Statistics o An assault or attempted assault occur about every 2 minutes o Rape is extremely underreported One of the most underreported crimes Only 40% are reported (this is only an estimate) o 15 – 20% of all women will be sexually victimized in some way, shape, or form o 20 – 25% of women on college campuses will be sexually victimized in some way, shape, or form This higher chance of sexual assault occurs because o it’s easier for someone to pick out a target because of the fixed routine o Party culture – more people are incapacitated due to drugs and alcohol o Fraternal school have higher rates of victimization o When you have fraternity houses or sports houses the culprit has higher access to victims – there’s more drinking in the house o Stranger rape is not more common o Acquaintance rape accounts for 65% of rapes Women and Crime – Exam 1 Study Guide Dante 12 o Rape is a crime that is easier to commit in a private environment Privacy ensures better conditions for sexual assault Sexual Assault and Prosecution o It is very difficult to prosecute a rape in the court o The rape kit must be collected and analyzed immediate after collection o Most people don’t want to submit to a rape kit test, it’s invasive and painful for the victim Most victims just want to shower, close their eyes, and pretend that it never happened o For some victims, closure comes from never reporting their rape o These are difficult to prove without substantial evidence o Funnel of criminal case processing At every step of the criminal court process, you lose a number of cases This occurs because the persecutor can drop a case right off the bat, when they’re presented to them Out of the cases that are taken, the prosecutor will start downgrading them (from felony to criminal misdemeanor) People can pleaded out of the system Conditional discharge: if a person pleads guilty to a minor crime and then discharged from the system for a year. If you do not get in trouble for the year, you are completely discharged from the system. Only 3 – 5% of cases go to trial, and even out of those cases, some of them can be acquitted. o This number of cases is even lower, since there are less cases to begin with Most people aren’t caught in the act of rape Out of the 40% of cases reported, only half of those are arrested and brought through the case process o Only ¾ of that half are going to be prosecuted Women and Crime – Exam 1 Study Guide Dante 13 o This leaves only about 12% of cases prosecuted, with only 60% of the rapists are convicted o Of this amount of rapists convicted, only 70% of them will spend time in prison o Only about 4 – 5% of sexual offenders are going to do time The moral of the story is that very few sexual offenders will actually be convicted and spend time in jail or prison o Why are only half of the people prosecuted? Prosecutors don’t like he said she said cases, which is what sexual assaults are This happens because it’s hard to convict these types of cases, and prosecutors only really like taking definite cases Sometimes there just isn’t enough evidence If it’s a case of stranger assault Racial Differences in Sexual Assault o Minority women are less likely to report sexual assault If they’re illegal immigrants, they may be deported They don’t trust/like the cops (with fairly good reason) In some groups, there’s an expectation to keep things quiet Sometimes there are language and communication barriers Kobe Bryant Case o 2003 – charge with sexual assault by a woman who claimed he did it before o He claimed it was consensual sex, not rape o The media coverage of the case was very extensive the year before the case Women and Crime – Exam 1 Study Guide Dante 14 o Most sexual assault cases won’t receive media attention, but the ones that do will skew our perception of these cases (primarily celebrity cases) o Dropped by the DA before the trial o The victim refused to testify (because of her information being leaked) o The victim was not protected, all of her information was leaked o The victim was demonized, adamantly hated by the public o What was heard in the Kobe Bryant case He wasn’t the type to do it – he’s an all star athlete, he doesn’t need to rape someone to have sex, he was married to an extremely attractive wife The fans couldn’t break their loyalty to him – our culture loves athletes, celebrities o We’ll never actually know Steubenville Case o Steubenville, Ohio – a very strong sports culture o A 16 year old girl is sexually assault at a party o The assault, a majority of it, was recorded and distributed across media platforms o Trent Mays and Ma’lik Richmond Trent Mays (17) – 1 year in juvenile Ma’lik Richmond (16) – 2 years in juvenile – required to register as a sexual offender for 20 years after his release – given a longer sentence because he was charged with distribution of child pornography They could’ve been tried as adults in this case o There was a lot of media discussion about how their futures were ruined by this case – their records were sealed, which you need a court order to open o This is an extremely depressing case – the boys laughed about it because they thought they were untouchable, and the media talked nothing about the toll the case took on the victim, the judge blamed their actions on the alcohol Women and Crime – Exam 1 Study Guide Dante 15 Rape Myths o The victim wanted it o It was the victim’s fault o The victim deserves it o The culprit wasn’t the type to do this type of thing o Domestic Violence When a woman kills her abuser o Legal defense is battered woman syndrome, it is a valid defense o It can be used, but many judges won’t accept it Insanity can also be intertwined with the defense o There usually isn’t a great deal of sympathy o They usually receive long sentences o Reference: The Burning Bed Francine Hughes were married for 13 years Husband was very abusive, it was well established that she was abused o Well established medical history She and her children fled from the husband o She poured gasoline around the bed before they left, and set it on fire She went to court as one of the first women to use the defense of battered women syndrome o She was found not guilty due to temporary insanity, brought on by the abuse Women and Crime – Exam 1 Study Guide Dante 16 o She was sent to a psychiatric facility for 6 months (unusually short sentence) She went on to get married SHE IS AN EXCEPTION o Women don’t do well in these cases, they’re often found guilty o The jury believes that domestic violence happened, while murder is permanent o In most cases, the abuse may not be as well documented as Francine’s case – people can just say she’s making it up o Women who kill their abuser during a fight have a better defense, they killed them in the heat of the moment o Juries and judges often feel that there is an option to leave Children are often involved in these cases – the women may not leave due to their fear of the safety of their children Financial support – most women who are abused are financially dependent on their abuser They could have nowhere else to go Many times an abuse victim may leave, but feel as though they have to return Not all abuse victims want to leave, there may still be love there The abuse victim may have such lowered sell esteem that they believe they deserve the abuse They may be afraid They may fear for the safety of their friends and family There is a very real fear that their abuser may kill them Most women who leave will not do it on the first time – it will take multiple tries for them to break off the relationship o It’s hard for victims to just leave, but there are now new policy options – and options in general – for women to leave Pre 1980s there were no options – you were just screwed without the financial or familial means to escape Hotlines and/or shelters Women and Crime – Exam 1 Study Guide Dante 17 Restraining orders o Very common but very problematic o Legal document prohibiting an offender/abuser from coming within a certain distance of a victim o It’s a court order, but they are not always enforced (people are not arrested when they violate the order) o When people ARE arrested, they are not always punished for violating the order – just a slap on the wrist o A negative aspect is that the order can make the abuser more anger o It may or may not extend to the children – judges are resistant to keeping parents away from children o Abusers are emotional, and at the end of the it’s just a piece of paper Mandatory arrest – prior to this, it was discretionary arrest o This means that a police officer could arrest, but they were not obligated to legally o When there is a report of domestic violence, an arrest is mandatory o Mandatory arrests also take the blame off of the victim o It gives the victim a break, and to consider their next move o It’s a deterrent – and sometimes it does work o Negative – even if it’s not the victim’s choice to have them arrested, the abuser may see it as their fault o Sometimes the abuse can get worse after this o If they can’t determine who started it, or the abuser pushes blame on the victim, they are both arrested When cross accusations are made, both parties are swept into the criminal justice system This is an unfortunate side effect Batterer intervention programs o Essentially, therapy for the abuser Women and Crime – Exam 1 Study Guide Dante 18 o Usually part of a punishment – court ordered, part of probation, prison, or jail time o The aim is to change the behavior of the abuser o It is rehabilitation o It’s aimed at breaking the cycle of abuse o Used by itself is not enough, but long term it is helpful o Feminist researchers say we need to address the larger structural problems The patriarchal society Racism, classism, and sexism keep the victims quiet o Lower class women’s accusations are not taken seriously Power and Control – Domestic Abuse documentary o Women are victims of domestic violence every 18 seconds o 1 in 4 women will experience domestic violence o Safe Haven Battered Women’s Shelter – one of the leading battered women’s shelters o Women need to stay at the women’s shelter for at least ten days – they need time to change their mindset Many stay for longer since they don’t have a place to go otherwise o There is a lot of temptation for women to return to their abusers, they may not have a way to support themselves o The Duluth Model Started in Duluth after an abused young woman killed her abuser, she wasn’t indicted Caused people in Duluth to reconsider how they treated victims in the court Implemented the mandatory arrest policy – when the abuse got to the point where someone was physically injured, the batterer had to be arrested Women and Crime – Exam 1 Study Guide Dante 19 o The experience of being arrested did help to deter the batterers from harming their victims again Requires batterers to attend batterer intervention programs (mentioned in the notes above) o Kids are greatly impacted by domestic abuse – they may have been abused themselves, seeing their mother being abused can traumatize them for life For the most part, children are afraid to outright say they’ve been abused Coming from abusive homes, they believe that the violence is normal o Domestic violence in a system of power and control The abuser isn’t just angry, they want to have control over their victims There is a cycle of emotional abuse, sexual abuse, and physical abuse o Patriarchal society is the cause of abuse o There’s an overarching feeling in our society that women cannot leave situations that are abusive to them o The police need to be careful when going on domestic abuse calls – if they mess something up it could be detrimental to the victim o In many cases, if there is not an intervention in domestic abuse cases the violence will escalate o Forced sex happened to 40 – 45% of abused women o Abuse isn’t an individual man’s problems, it’s a global problem that women don’t feel safe in their own homes o The Duluth model now faces criticism from academics and “men’s rights activists” It is criticized for having a narrow view that patriarchy is the cause of domestic abuse People are trying to get rid of the violence against women act, since men are abused as well o It takes a woman 7 – 10 times to actually leave her abuse The abuser will say they’ve changed It’s hard to economically support themselves Abuse is an underlying institutional issue that presents itself in certain individuals Women and Crime – Exam 1 Study Guide Dante 20 Stalking and Sexual Harassment Stalking is not a new thing, but calling it a crime is somewhat new to our system 30 – 40 years ago, it wasn’t considered a crime Stalking is a course of unwanted conduct aimed at a specific person that causes a reasonable person to feel fear Actions that could make people feel fear are o Being followed o Waiting for the person at the place you know they’re going to o Being everywhere you are o Knowing the person’s routine o Unwanted phone calls/texts – Any unwanted contact o Unwanted presents o Showing up at your home/work unwanted and uninvited o These acts were dismissed for years by law enforcement until 1990 o The first anti stalking legislation was passed in California in 1990 following the death of Rebecca Schaeffer Rebecca Schaeffer was an upcoming actor on a show called My Sister Sam A fan, Robert Bardo, became obsessed with her He hired a PI to find where she lived Bardo showed up at her home and killed her He was sentenced to life in prison o This case caused the legislation to be written because it was a very public one o Victims of stalking are usually female, but the number of males is on the rise Women and Crime – Exam 1 Study Guide Dante 21 o Most stalking victims know their stalker, it’s an personal crime o Many women who end volatile relationships may be stalked and harassed by their abuser o It can occur during and after a relationship o It will be heightened after the end of a volatile relationship o This is an escalating crime o Dominic Dun wrote about celebrities he felt evades justice He daughter was an actress She became involved with a chef and they moved in together very quickly The relationship became abusive very quickly She left him after he tried to smash her head into the floor and try to strangle her Her ex started stalking her after the relationship was cut off He showed up at her house while she had a guest over She went outside to talk to him, and he strangled her He was sentenced to 6 years but served only a few of them, and quickly went back to being a chef to the celebrities Dominic dedicated his life to bringing this many to justice o These two cases we hugely influential in the criminalization of stalking o Cyberstalking is using technology to stalk people This allows stalkers to be even more cowardly, they don’t even need to leave their homes to stalk someone Cyberstalking include harassing people via social media, sending unwanted messages, accessing and releasing their personal information o There are 3 types of cyberstalkers Vindictive – usually either former partners or someone who has been rejected by the victim, this usually follows a romantic relationship Women and Crime – Exam 1 Study Guide Dante 22 Intimate – these are people who are stalking their victim to get closer to them, because they want to establish a relationship with them. They will misconstrue any contact as progress towards the relationship. These stalkers are delusional, and usually have some type of mental illness. Resentful – as scary as the vindictive, they are seeking to stalk their victim for revenge. They are stalking their victim for the express purpose of inflicting harm on them. o All of these types of stalkers have the ability to escalate, vindictive and resentful stalkers tend to escalate faster than intimate o Jodi Arias is a prime example of a famous female stalker o All 50 states and the federal government have stalking and harassment laws Many of these states have a number of cyberstalking laws These are very well defined laws when it comes to stalking The problem with cyberstalking is that it’s online – the direct and credible threat is harder to define o It’s also hard to determine jurisdiction (the stalker and victim may be in completely different places) Some people have claimed that the freedom of speech negates the claims of stalking It’s hard to determine what conduct should be outlawed Unless the person outright threatens their victim, it’s hard to convict There isn’t a comprehensive, uniform set of laws for this case Sexual Harassment The case of Anita Hill brought the issue of sexual harassment to public o Anita Hill worked for Clarence Thomas o Clarence Thomas was elected by Bush Sr. to replace Thurgood Marshal (the first black supreme court justice) – he thought he would make a very good replacement o They thought he had a clean background o 1991 – During Clarence’s confirmation hearings, Anita came forward and said that he had sexually harassed her for years while they were working for the Equal Opportunity Employment Foundation Clarence had asked Anita out, as her superior, repeatedly and she turned him down When it was clear that she wasn’t going to date him, he began making explicit sexual remarks around her in an effort to make her uncomfortable Women and Crime – Exam 1 Study Guide Dante 23 They painted Anita as a vindictive woman who didn’t want to see a man advance (this only happened because Thomas’ supporters were more powerful) The court dismissed Hill’s allegations and Thomas was appointed The only good thing that came from this situation is that it brought sexual harassment to the forefront as a very important issue It is considered a civil rights issue, and there are now serious repercussions for sexually harassing someone o Feminist lawyer Catherine Macininie She was the first person to successfully argue that sexual harassment was a discrimination based on gender Sexual harassment can now be tried as civil cases o Landmark Case: Maritor Savings Bank v Vinson 1986 Michelle Vinson was an employee at this bank, and was fired She sued for sexual harassment She claimed she was fired because she would not continue a sexual relationship with an higher up The harassment was ruled as discrimination based on gender, and was covered by Title 9 International Issues Honor Killings o Honor killing – the murder of a woman by a male family member in order to gain back the honor that the woman has taken from the family This is a way for men to preserve the honor of the family and other families These killings usually happen in areas where women are treated as property o They are expected to listen to whatever male family members say 5000 people per year are killed in honor killings, but this is definitely low Prominent in the middle east, particularly Turkey, Lebanon, Pakistan, India Women and Crime – Exam 1 Study Guide Dante 24 In some countries, honor killings have been ‘outlawed’, but the laws aren’t really enforced o It’s a cultural expectation that men will ‘handle’ their familial disgraces and dishonors o Reasons for this include Being too western Being too vocal about their rights Perceived slights on the family Rape victims are usually victims of honor killings Rejecting an arranged marriage Speaking with men outside of the family or outside of their arranged marriage o Methods for honor killings are usually…. Acid Burning Beheading Drowning Stoning Culturally, these murders aren’t dissimilar to instances of killings in America, like if a man were to kill a woman he feels as disrespected him o We view their killings as reprehensible, but our culture’s killings are also reprehensible to them o International courts handle crimes against humanity o They may not be able to outlaw honor killings completely, but they’re supposed to hold nations that have outlawed them responsible The are a cultural occurrence, and it’s difficult for other countries to intervene It’s very difficult to change a cultural value – these cultures have accepted violence against women for thousands of year Women and Crime – Exam 1 Study Guide Dante 25 Human Trafficking o Human trafficking – the forced labor through coercion, force, or fraud of individuals for purposes of prostitution, domestic servitude, and other forms of involuntary servitude o This is the fastest growing criminal enterprise in the world About 4 million people are trafficked per year – and this is a low estimate In revenue, it is estimated that human trafficking produces $30 billion per year – this is also low o There are two main categories Forced labor – this can be anything from working in factories, sweatshops, and farms, and can cover instances all the way to forced domestic servitude within the home o This also includes child soldiers being forced to fight Sex industry – this is forced prostitution o This is the more controversial area, This is because many people who are forced to act as prostitutes are treated as criminals themselves People do not acknowledge that these women were not doing this voluntarily In many cases, these victims will be treated worse than prostitutes in America Reasons for human trafficking include… o Cheap labor o Extreme poverty o Production of guns o The demands for labor have increased because NAFTA has made trade free o Poor familial ties or support systems in general There are certain hubs that become key for trafficking, due to These conditions include… Women and Crime – Exam 1 Study Guide Dante 26 o Extreme poverty o Political or economic instability o Areas that suffer from gender inequalities o Areas with corrupt law enforcement o Documentation is not required in every area An example of this hub is the previous Soviet Union – o Their politics and economy changed when communism fell o Many orphans were left behind Many methods of bringing people into trafficking rings include… o False promises – many victims are promised jobs, and when they arrive for their job, they are thrown into the trafficking rings o Violence o Coercion o The US passed the Trafficking Victims Protection act in 2000 to combat human trafficking This act is severely flawed – there are substantial limitations Temporary visas can be given, but they’re very limited and not everybody gets them o This means the victims are often sent back to the nexus of their abuse, putting them in danger There isn’t enough services to help victims – these people are traumatized and they need help These cases are hard to prosecute This is a crime where prevention is necessary o Educational campaigns to educate people on the methods of abduction and coercion We need to improve our laws on visas and residency need to be stricter with victims, these people need to be protected Women and Crime – Exam 1 Study Guide Dante 27 And lastly these laws need to be enacted thoroughly Nefarious: Merchant of Souls In 20 years, 400,000 people have been trafficked in Moldova Most trafficking is done for the purpose of prostitution Pimps are often drug dealers who have moved on to prostitution, because they sell drugs once but they sell a women multiple times and get a minimum of 7 years of labor. 800,000 of the prostitutes in Thailand are children People are able to buy children from their parents In order for the girls to leave the karaoke bar where they had to work as prostitutes, they needed their parents’ permission. o All three of the mothers said no, that the family needed the money o 80 – 90% of families in Cambodia are selling their daughters into prostitution o Their culture has become one of complacency o If a woman was expecting to have a child, people told her that it they had a daughter and they got into a bad financial situation, she could sell her daughter o These girls had a debt honor, they felt as though they had to prostitute themselves in order to pay back their mothers for bringing them into the world o There are at least 19,250 children trapped in prostitution in Cambodia o Children in America are also sold into prostitution o Prostitution in Las Vegas, Nevada is highly glamorized They initially feel empowered, but eventually begin to feel abused and used o Stockholm Syndrome is a very common reason that prostitutes stay in the business o Sexual abuse is a core factor in how women end up in prostitution 95% of people in prostitution have previous instances of sexual abuse Women and Crime – Exam 1 Study Guide Dante 28 o The average age of entry to prostitution in the US is 13 – 14 o In Sweden, the prostitutes aren’t arrested, they’re offered services to get out of prostitution The traffickers and pimps were arrested They have created a very bad business environment They have the lowest rate of trafficking in EU o Many of the girls who are rescued from trafficking are in counseling for the rest of their life Many of are scarred for life – it makes it hard for them to live a normal life Many of the girls who do leave prostitution end up going back to it, as these are the conditions they’re used to o These girls also don’t think of themselves as human anymore, for the most part o They believe that they deserve this life o Some of the girls who have been trafficked into prostitution turn to drugs as a way to distract themselves from the despair of their situation
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