7. Sexual offending

Question 1

What are sexual offences?

Answer 1

Crimes covered by the Sexual Offences Act (2003)

Question 2

What were the aims of the Sexual Offences Act (2003)?

Answer 2

Improve preventative measures and the protection of individuals from sexual offenders

Question 3

Definition of rape

Answer 3

If person (A) intentionally penetrated the vagina/anus/mouth of another person (B) with his penis;
If B does not consent to the penetration;
If A does not reasonably believe that B consents.

Question 4

Sentence for rape

Answer 4

Imprisonment for life (5-7 years)

Question 5

Definition of assault by penetration

Answer 5

If person (A) intentionally penetrates the vagina/anus of another person (B) with a part of his body or anything else;
If B does not consent to the penetration;
If A does not reasonably believe that B consents.

Question 6

Sentence for assault by penetration

Answer 6

Imprisonment for life (5-7 years)

Question 7

Definition of sexual assault

Answer 7

If person (A) intentionally touches another person (B);
If the touching is sexual;
If B does not consent to the touching;
If A does not reasonably believe that B consents.

Question 8

Sentence for sexual assault

Answer 8

On summary conviction: Imprisonment up to 6 months / a fine

On conviction on indictment: imprisonment up to 10 years

Question 9

Consent

Answer 9

A person consents if she/he agrees by choice and has the freedom and capacity to make that choice.
The law does not require the victim to have physically resisted in order to prove a lack of consent.

Question 10

When is someone incapable of consent?

Answer 10

Learning disability
Under the influence of alcohol
Asleep
Under the age of 16

Question 11

Challenges of assessing the frequency of sexual violence

Answer 11

Under reporting

Police recording guidelines

Question 12

Rape figures

Answer 12

almost 25,000 reported rapes in England and Wales 2014
A 31% increase from the previous year
But offending as a whole went down by 11%

Explanation: change in definition, Jimmy Saville case came out so people reported historic sexual abuse

Question 13

Harris et al. (2009)

Answer 13

Used a specialisation threshold (looked at the type of offences committed by offenders)

Rapists tend to be generalist (likely to commit a variety of offences)

Child sexual offenders tend to be specialist (only sexual offending and usually a specific type)

Question 14

McCabe & Wauchope (2005)

Answer 14

130 cases of rape / attempted rape
42% strangers
24% acquaintances / work colleagues

Question 15

Themes of rape behaviours

Answer 15

McCabe & Wauchope (2005):

• Vaginal
• Kissing/hugging (pseudo-intimate behaviour)
• Oral
• Anal
• Brutal/physical (above and beyond, gratification)

Question 16

Language themes of rape

Answer 16

McCabe & Wauchope (2005):

• Persuasion/reassurance (e.g. pseudo-intimacy)
• Sexually abuse/explicit
• Angry/demeaning
• Revenge/payback

Question 17

Four types of rapists

Answer 17

Hazelwood (1987)

1. Power assurance rapist
2. Power-assertive rapist
3. Anger-retaliatory rapist
4. Anger-excitement rapist

Question 18

Three theories of rape

Answer 18

Ellis (1989):

1. Feminist theory
2. Evolutionary theory
3. Social learning theory

Question 19

Treatment for sex offenders

Answer 19

Cognitive Behavioural Therapy
Medical Intervention (most effective but unethical)

Question 20

CBT

Answer 20

Identifies cognitive distortions
Helps offenders define issues leading to offences
Assist offenders with goal setting
Motivate offenders to generate prosocial behaviours
Assist offenders with facilitating solutions

Question 21

Cognitive distortions in sex offenders

Answer 21

Beliefs/attitudes that violate commonly accepted norms of rationality that are associated with the onset and maintenance of sexual offending

Question 22

Multifactorial approach to cognitive distortions

Answer 22

Ward et al. (2006)

Factors involved in the development of cognitive distortions that lead to an offence could include:

• Deviant sexual preferences
• Empathy deficits
• Intimacy problems
• Emotional dysregulation
• Problems with action/impulse control
• Existing distorted beliefs/values

Question 23

Abel et al. (1989)

Answer 23

Use of justifications, perceptions and judgments to rationalise offending behaviour

Question 24

What are cognitive distortions?

Answer 24

The products of conflict between external reinforcements and internal self-condemnation

Question 25

Implicit theories

Answer 25

Ward (2000)

Child sex offenders hold a set of beliefs referred to as implicit theories (ITs).

ITs as particular types of schema, which offenders use to explain/predict/interpret interpersonal phenomena relevant to sexual offending

Question 26

5 implicit theories prevalent among sexual offenders against children

Answer 26

Ward and Keenan (1999)

1. Children as sexual objects
2. Nature of harm
3. Uncontrollability
4. Entitlement
5. Dangerous world

Question 27

5 implicit theories held by rapists

Answer 27

Polaschek and Ward (2002)

1. Women are unknowable
2. Women are sex objects
3. Male sex drive is uncontrollable
4. Entitlement
5. Dangerous world