Chapter 6 Flashcards
Rape is more than an act of violence- what type of crime is it?
> it is also a violation of the most intimate sort and strikes at our identities as women and men. In many ways, it is the ultimate assaultive crime
Rape is also a crime that is subject to more what?
> misunderstanding than most.
What are some misunderstandings about rape?
> we tend to perceive it solely as having female victims, but the reality is that although females represent the majority of rape victims and males represent the majority of rape offenders, both males and females are capable of being both victims and offenders.
> In addition, despite the myth that the majority of rapes are perpetrated by strangers, rape in the United States is most likely to be perpetrated by people the victim knows.
Because of the misunderstandings around rape, what do the state statues now consider about them?
> now considered gender and relationship neutral.
What is the definition of rape as proposed by the Centers for Disease Control and Prevention (CDC)?
> Rape is defined as any completed or attempted unwanted vaginal (for women), oral, or anal penetration through the use of physical force (such as being pinned or held down, or by the use of violence) or threats to physically harm
> includes times when the victim was drunk, high, drugged, or passed out and unable to consent.
What are the three categories of rape as per the CDC?
1) completed forced penetration,
2) attempted forced penetration
3) and completed alcohol or drug facilitated penetration.
What is rape among women as per the CDC?
> Among women, rape includes vaginal, oral, or anal penetration by a male using his penis.
> It also includes vaginal or anal penetration by a male or female using their fingers or an object.
What is rape among men as per the CDC?
> Among men, rape includes oral or anal penetration by a male using his penis.
> It also includes anal penetration by a male or female using their fingers or an object.
What type of violence is the least reported?
> rape and sexual assault remains the least likely form of violence to be reported to police
Similar to information on forms of violence perpetrated in the home, the most reliable information on rape victimization—imperfect and incomplete as it is, is collected from where?
> comprises the data obtained from social scientific surveys.
The only survey that monitors rape and sexual assault on an annual basis is what survey?
> is the National Crime Victimization Survey (NCVS).
What is a downfall of the NCVS?
> the questions used to uncover rape are probably the least behaviorally specific.
What are the issues with surveys about rape? How could this problem be avoided?
> The word rape itself has a variety of meanings that are used differently, depending upon the situation and the individuals involved.
> these types of questions about rape are prone to a great deal of underreporting.
> In order to avoid this problem behaviorally specific questions need to be asked
Which study began to use behaviourally specific questions?
> a study by Mary Koss
> examined the rape victimization experiences of college women (how they used specific questions)
Are estimates of rape higher in the NISVS than those of the NCVS? If so why might they be higher?
> Yes- they are higher because they use behaviourally specific questions - not vague questions
> the NISVS is introduced to respondents as a survey about issues of health and relationships, unlike the NCVS, which is introduced to respondents as a survey about crime.
According to the NCVS, how have the rates of rape changed? Approximately how many people aged 12+ were rape/SA victims in 2018?
> has not changed much over time
> approximately 734,630 people aged 12 and older were victims of rape and sexual assault in 2018.
Have the majority of victimizations reported to NCVS interviewers been reported to the police? How many in 10 are?
> The majority of victimizations reported to NCVS interviewers were never reported to police.
> In fact, fewer than 3 in 10 victimizations, according to the NCVS, are ever reported to police.
What are the NISVS estimates of rape? (What age group do they survey?) is this higher than the estimate provided by the NCVS?
> interviews men and women aged 18 and older only,
> estimates that approximately 1,270,000 people are raped annually.
> much higher than the NCVS
Unfortunately, the only estimates of rape and sexual assault available at most local levels, including state and city levels, are from what kind of reports?
> are from the less-reliable police reports.
Why do victims fear reporting? (Provide 5 reasons)
> the personal nature of the victimization,
> fear of retaliation from the offender,
> and the treatment they expect to receive from the media and the criminal justice system
> fear they won’t be believed by police
> fear a sense of shame.
As we noted in the beginning of the chapter, females experience much higher rates of rape compared with males. According to the NISVS, what are the annual and lifetime rates? Compare the lifetime rates for men and women.
> 1% of adult women in the United States are raped every year = more than 1.2 million women annually.
> Over 18% of women have been raped in their lifetimes compared to just over 1% of men.
Are the risks for rape distributed equally across ethnicities? Which race experiences the highest risk and what does this risk translate to when measured in 1 in 4 and when did these rapes happen?
INCLUDE THE OTHER RATES FOR THE OTHER RACES (PLEASE EDIT)
> are not distributed equally.
> American Indians and Alaskan Natives (AIAN) are much more likely to be raped in their lifetimes
> In fact, over one in four AIAN women have been raped in their lives *The majority of rapes occurred when the victims were under 25 years of age, and nearly half occurred before age 18.
Do most countires have national surveys for rape? If not- what data is used? Should there be national comparisons for rape (what do scholars think?)
> No most countries do not have a national survey that measures rape victimizations
> because of this, only police data can be relied upon.
> many scholars warn against making comparisons of rape rates across countries because police procedures and legal definitions of rape vary so widely
Relying on police reports for rape data is even more problematic in certain cultures, including predominately what two cultures? Why is it problematic for these two?
> Islamic or Hindu cultures
> problematic = victims are often publicly shamed and are therefore unlikely to report their victimizations to police.
What two countries had a rape rate of 0 in 2010?
> In Hong Kong and Mongolia, no cases of rape were reported to police in 2010.
In two countries that are somewhat comparable- surveys reveal patterns similar to those found in the United States- what is that pattern of victimization for rape and what are the countries similar to the US?
> Females are more likely to be rape victims than males and their attackers are much more likely to be known rather than to be strangers.
> Great Britain and Canada,
What is the movie spotlight about? How much abuse was reported in this movie?
> The movie Spotlight, a drama that tells the story of the Boston Globe’s investigation of the Roman Catholic Church’s cover-up of child sexual abuse by clergymen
> 2200 pages of files of abuse
One of the most recent cases to be uncovered concerned what Diocese? What happened in this Diocese?
HINT- AJD
> the Altoona-Johnstown Diocese in Pennsylvania in 2016.
> In this case, a grand jury concluded that two Catholic bishops in this diocese hid the sexual abuse of hundreds of children by more than 50 priests and other religious leaders over a 40-year period.
> As was the case in Boston, evidence indicates that the police, district attorneys, and judges in the area also participated in this cover-up.
Although the Catholic Church has received the most attention, they are not the only religion that is dealing with allegations of abuse and with improperly handling victimizations that do get reported. What other church has had issues?
> the Houston Chronicle investigated sexual abuse in the Southern Baptist church and discovered over 700 victims in a 20-year time period
Churches are not the only institutions to have concealed allegations of child sexual abuse- what other institutions did?
Hint - all three involved coaches.
> Pennsylvania State University = Jerry Sandusky, an assistant football coach at Penn State, was convicted in June of 2012 of sexually assaulting 10 boys, all of whom were part of Sandusky’s local charity dedicated to mentoring young boys from disadvantaged homes.
> This coach, J. Dennis Hastert, eventually became the Republican speaker of the U.S. House of Representatives, coached the sport of wrestling = was federally charged for paying for his victims’ silence of sexual abuse
> Larry Nassar, the U.S.A. Gymnastics national team doctor = targeting young women in their care for victimization. (olympic committe and Michigan State University partaked in coverups)
In the general community, when the victims of rape or sexual abuse are children, which divisions become involved? Why do they become involved?
> the Child Protective Services divisions of states usually become involved
> because they are mandated to protect and remove potential victims from abusive situations.
Are the mandatory reporting offences for child sexual abuse? If so, who is required to report?
> all states have mandatory reporting laws for these offenses
> requires designated professionals, such as school and health officials, to report cases of sexual abuse of children in addition to acts of physical abuse or neglect.
The federal definition of sexual abuse and exploitation included in the Child Abuse Prevention and Treatment Act of 1974 is illustrative of most state statutes and includes what two components in their definition?
A. The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
B. The rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children
Are rates of child sexual abuse harder to estimate compared to adult rates?What do some estimates range at?
> incident rates of child sexual abuse are even more difficult to estimate than those of adults = because children are even more reluctant to tell anyone about these victimizations.
> This is largely because the perpetrators are usually trusted friends, family members, or neighbors who gain their victims’ trust and then typically intimidate them with threats of harm
> some estimates of child sexual abuse range from 114,000 to 300,000 cases per year
For what precise reason is it that the sexual abuse of children is often considered one of the most heinous of forms of crime? As a result, what kind of crime is it labelled as?
> it is a betrayal of the innocence and dependence of the children in their care.
> Child sex abuse is often referred to as the “silent crime” because victims are very reluctant to tell anyone.
How many boys and girls have been sexually abused and what are the offenders like?
Numbers are out of /x, offenders are the same:
> Studies indicate that about 1 in 5 girls and 1 in 20 boys has been a victim of child sexual abuse.
> Offenders are overwhelmingly male, and although over one-third of offenders are likely to be juveniles, they range in age from adolescents to the elderly.
Similar to adult rape victims, only what percentage of child rapes are committed by strangers?
> about 14% of child sexual abuse victims are victimized by strangers
Are colleges and universities safe? If not, for what population is the risk of rape increased?
> college campuses are as dangerous and crime prone as the larger communities within which they exist.
> In fact, research suggests that women attending college are at greater risk of rape and sexual assault compared with other women of the same age in the general population.
When the U.S. Department of Justice realized the problems inherent to official reports of rape and sexual assault victimization on campuses, what survey did they fund/introduce?
> called the National College Women Sexual Assault Victimization Study (NCWSV) that was carried out by Bonnie Fisher and her colleagues
What questions on the NCWSV differed to those of the NCVS? What do those types of questions illuminate?
> it was found that the more behaviorally specific questions yielded significantly more reports of victimization compared with the NCVS questions.
> Clearly, behaviorally specific questions are more successful in prompting women who have been victimized to be counted as such.
What were the results of the NCWSV?
1) What percentage of college women were victimized?
2) How many roughly knew their assilants
3) out of 10, how many know their assiliants
4) What were the majority of the offenders to the victim
5) Where did the rapes take place.
> the data suggest that nearly 5% of college women are victimized in any given calendar year.
> most victims knew their assailants.
> In fact, 9 out of 10 offenders were known to the victims.
> the majority of the offenders were other classmates, friends, boyfriends, and ex-boyfriends.
> the majority of rapes took place in residences.
Often, these college rapes are facilitated by a variety of drugs. Although particular drugs have become known as date-rape drugs, most experts prefer what term for the assualt?
> the term drug-facilitated sexual assault
What are the three most common drugs that allow college rapists to commit drug-facilitated sexual assault? What are 4 reasons for why these drugs are used by rapists?
1) GHB (gamma-hydroxybutyric acid),
2) Rohypnol (flunitrazepam); and
3) ketamine (ketamine hydrochloride).
> These drugs often have no color, smell, or taste = easily added to flavored drinks
> They can affect a victim very quickly (but can vary)
> the drugs serve to render many victims helpless and unable to refuse sex.
> they hinder victims’ memories, so victims are unable to recall the victimization or adequately testify on their own behalf.
What drug (is legal) that can put a person at risk for unwanted sexual activity?
> This is particularly true for a legal drug (at least for those over 21 years of age)—alcohol.
> When under the influence of alcohol, it is harder to think clearly and evaluate a potentially dangerous situation.
> Drinking too much can also cause blackouts and memory loss, similar to the effects of the drugs discussed above.
What is important to remember about a victim that has drank alcohol prior to the victimization?
> they are NOT at fault for being assaulted
> if anything this impaired judgment makes a victim unable to consent to anything, including sex (which automatically makes it rape).
In about one in five rapes of college students, victims reported sustaining other injuries in addition to the rape injuries. These injuries are most often:
Hint: There are 6*
1) bruises,
2) black eyes,
3) cuts,
4) scratches,
5) swelling, or
6) chipped teeth.
What percentage of college rapes are reported?
> In fact, less than 5% of all campus rapes are reported.
Because of the increased vulnerability to rape and other crimes faced by college students, the U.S. Congress passed what act?
> the Student Right-to-Know and Campus Security Act of 1990
What is the purpose of the Student Right-to-Know and Campus Security Act of 1990?
> This legislation mandates that colleges and universities participating in federal student aid programs to prepare + distribute annual security reports
> The purpose of the report is to communicate campus security policies and campus crime statistics for each institution.
After the Student Right-to-Know and Campus Security Act of 1990 was revised (twice) - what was it renamed to? What did it require and what were the reports more likely to do?
> Renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998.
> This act requires institutions to publish more-specific policies regarding awareness and prevention of sexual assault and also requires basic rights to be given to sexual assault victims.
> the reports are more likely to be indicators of the willingness of students in particular university settings to report their victimizations to authorities.
In 2014, President Obama and Vice President Biden together launched an effort to bring an end to sexual assaults on college campuses from the White House, called what? What did it fund and what were the two main takeaways from it?
> “it’s on us” program
> awarded several million dollars in grants to colleges in order to develop comprehensive campus sexual assault prevention and response programs.
> included programs to promote bystander intervention to encourage witnesses to step in and stop sexual assaults.
> colleges were required to use a “preponderance of the evidence” in deciding whether a student was responsible for sexual assault.
What administration got rid of the “it’s on us” framework?
Under the administration who was the specific secretary that scrapped it
> Under the Trump administration, however, the new Secretary of Education, Betsy Devos, has largely scrapped these policies, including allowing colleges to raise the standard of evidence to “clear and convincing evidence.”
> Secretary DeVos eliminated other changes, including the requirement that that investigations be completed in 60 days.
What is one noteable case of prison rape?
1) Who were they and what state did they try against?
2) What were they arrested for
3) What prision did they go to
4) What ranking did they have among 70 texas prisioners for experienced sexual assualt
5) How many pages of testimony were there?
> One such case was brought against the State of Texas by Roderick Johnson.
> he was arrested for burglary, writing a bad check, and cocaine possession.
> was sent to Allred, a maximum security prison in Texas, even though he had not committed a violent crime.
> Allred ranked second among the more than 70 Texas prisons in terms of the number of sexual assaults experienced by inmates.
> Nearly 300 pages of testimony detail the horrific acts
Provide 4 reasons for why estimates of prison rape are so hard to attain?
> very few empirical studies that have documented the incidence of rape and sexual abuse in prisons.
> very few of these victimizations are ever reported- cannot derive estimates from grievance reports from inmates.
> there is terrible stigma attached to becoming the victim of rape in prison due to a convict culture that prohibits such snitching behavior.
> “Snitches” or “rats” who inform on other inmates are considered the lowest members of the inmate hierarchy.
One study of sexual assault in prison conducted by Cindy Struckman-Johnson and her colleagues in Nebraska concluded how many inmates are raped?
> concluded that 22% of male inmates had been pressured or forced to have sexual contact against their will while incarcerated. Of these, over 50% had submitted to forced anal sex at least once
> Not a random selection of prisoners’ so it is not a definitive number - not representative.
Human Rights Watch obtained testimony from over 200 prisoners in 37 states and published its findings in a very graphic account of the reality of rape in prison called No Escape: Male Rape in Prison. Because their methodology did not include random sampling, state and national estimates could not be obtained from this study, but what emerged?
> important narratives and personal accounts of the brutality and fear that many inmates serving time in our nation’s prisons must face.
> The report helps to draw a picture of the dynamics of prison rape.
What physical characteristic’s were revealed to have a high risk of rape (from the No Escape: Male Rape in Prison Report)? What is someone labelled as once they have been victimized?
BY, S, W, EFM, S/P, LH, HPV, BV1.
> Being young
small,
white
effeminate
shyness/passivity,
long hair,
having a high-pitched voice.
> Once victimized, the victims run the risk of being labeled a “bitch” or “punk,” which puts them at greater risk of subsequent victimization.
What did the No Escape: Male Rape in Prison Report reveal about perps?
1. Tend to be incarcerated for what?
2. They are linked to what?
3. And how do they define themselves even though their actions do the opposite?
> The perpetrators, on the other hand, tend to be incarcerated for more violent offenses and are often linked with gangs. Interestingly, they also do not define themselves as homosexuals, even though their sexual assaults are against other men.
Are there any laws that prohibit rape in prision? What report caused it if there is one?
> The Human Rights Watch report prompted Congress to enact a law called the Prison Rape Elimination Act of 2003 (Public Law No. 108–79)
> that requires that the Bureau of Justice Statistics (BJS) develop a new data collection on the incidence and prevalence of sexual assault within correctional facilities.
The BJS recently reported the first results of a survey of former state prisoners; what were the results for prision raoe
1. What percentage of former inmates reported sexual victimatization
2. What percentage of that number was perpetrated by other inmates and what percentage for facility staff
3. Are these estimates higher than lower than what is currently being reported by inmates - what is the diffference?
4. All survey data indicates that females were more vulnerable to what kind of victimization while males were more vulnerable to what kind?
5. Inmates with what characterisics were more likely to experiene higher rates?
> almost 10% of former inmates reported at least one incident of sexual victimization during their most recent incarceration.
* About half of these incidents were perpetrated by other inmates; the other half were committed by facility staff.
* These estimates are higher than those reported by inmates who are currently serving time in a correctional facility, probably because former inmates do not have to fear retaliation.
> however, all survey data indicate that female inmates are more vulnerable to inmate-to-inmate sexual assaults compared to males, while males are more vulnerable to staff sexual assaults.
> Inmates with a sexual orientation other than heterosexual, including bisexual and homosexual, reported much higher rates of both inmate and staff sexual victimization.
What was the result of all of the military rapes?
1. Aka when did congress have to take action
2. And what act mandadate the DOD to Defense (DOD) provide an accounting of sexual assault in the military, along with an overview of what DOD was doing to prevent it and ameliorate the consequences for victims
> prompted the U.S. Congress to take action in 2011.
> In Section 1631 of the Ike Skelton National Defense Authorization Act, Congress mandated that the Department of Defense did those things.
How many are on active duty in the US military? What percentage is women?
> are approximately 1.4 million men and women on active duty in the U.S. military
More than 200,000 of these personnel are women, which is about 15% of the total.
The most recent DOD report released in 2019 indicated what about military sexual assaults?
1. Has the number increased or decreased in 2018?
2. What amount of personell branches had experience unwanted sexual contact and did that number increase or decrease from the previous year?
3. What department suffered the most and what were the 3 that followed in order behind it?
> that the number of sexual assaults reported to DOD officials had increased by almost 38% in 2018.
> found that around 20,500 personnel in all branches had experienced unwanted sexual contact during 2018, a significant increase from the previous year’s number of 14,900.
> Marines suffered from the highest rates, followed in decreasing order by the Navy, Army, and Air Force.
In a survey of active-duty men and women conducted by the Rand Corporation for the DOD, the percentage of women who had experienced unwanted sexual contact was what? What about active-duty men?
How did the percentage change from 2012 to 2014 for both men and women
> the rates for women declined from 6.1% in 2012 to 4.3% in 2014
> the percentage of men sexually assaulted also decreased from 1.2% to 0.9% for the same time period
Why did the rates decrease in the 2014 survey of the DOD?
1. what percentage of women that reported their attacks percieved social retaliation
2. What fraction of women recieved adverse administrative action
3. and what percentage recieved professional retaliation?
> The majority of victims who reported their victimizations to command still perceived some sort of professional or social retaliation for doing so.
> just over half (53%) of female victims who reported their attacks to a military authority perceived social retaliation, while about one-third perceived adverse administrative action (35%) or professional retaliation (32%)
- In an effort to combat sexual assault against active-duty personnel, the DOD has outlined what?
- What does the plan include?
- What is the primary prevention effort?
> has outlined a Sexual Assault Prevention and Response (SAPR) strategic plan
> the plan includes prevention, investigation, accountability, advocacy/victim assistance, and assessment.
> The primary prevention efforts have been focused on advancing a culture of dignity and respect wherein sexual harassment and sexual assault will not be tolerated.
In addition to the military culture, many contend that what other factor is partly responsible for the high rates of sexual assaults?
> the ways that crimes are handled
How are crimes handled in the military (what is the structure?)
1. What are memeber of the military prosecuted under?
2. Do they have their own courts - if so what are they called?
3. What is a criticism of this structure
> under the Uniform Code of Military Justice (UCMJ), which is similar to crime codes in state statutes.
> The military also has its own courts, which are called courts-martial.
> One of the most significant criticisms = it is necessary for a victim to report victimizations first to his or her commander. The commander then decides whether to pursue the case by recommending an investigation.
In 2015, one congressional bill tried to change this procedure by mandating that sexual assault cases be handled by independent military prosecutors with special training in these crimes- the bill failed but what happened as a result?
> This provision in the bill failed, but the final law did require several changes in how sexual assaults were investigated and prosecuted in courts-martial.
> the DOD has now established special units within Military Criminal Investigative Organizations (MCIOs) to handle sexual assault prosecutions that include special counsel programs to represent the interests of victims.
> Victimization surveys of active-duty military personnel are now conducted every two years to determine effects on prevalence
In relation to war, how has rape been defined?
> spoils of war
> Throughout history, women have experienced mass rape as a byproduct of war and population annihilation.
How does Susan Brown-miller explain how rape is a spoil of war?
> Sexual trespass on the enemy’s women is one of the satisfactions of conquest.
During the 1994 genocide in Rwanda, one of the worst mass slaughters in recent history, what happened to Tutsi women during this time?
> Tutsi women were often raped after they had witnessed the torture and killings of their families and the destruction and looting of their homes
> Hutu officials encouraged HIV-positive soldiers to take part in gang rapes.
> Many Tutsi women were immediately killed after being raped.
> Others escaped death only by agreeing to become sex slaves
human rights workers—basing their estimates on the number of pregnancies from rape—suggest a figure of what for rape in war? What was suggest for the Tutsi women?
> —suggest a figure of 250,000 to 500,000. (There is no exact estimate)
> Some have even suggested that almost every surviving Tutsi woman and female adolescent was sexually assaulted
Rape during the Rwandan genocide, it is important to note, was considered what?
> was a conscious strategy initiated by Hutu extremist leaders intended to further the goal of the genocide, which was the destruction of the Tutsi population in Rwanda.
Was there a similar incident to the Rwandan genocide?
> Yes, in Bosnia in 1990s’
> The genocide that was perpetrated in Bosnia was termed “ethnic cleansing” by the Serb forces, who wanted to remove all Bosnian Muslims and Croats from the territory they controlled.
> It was intended not only to dominate, humiliate, and terrorize the population into submission and flight, but also to destroy the future of the Bosnian Muslim people by impregnating Muslim women with Serb babies.
Historically, the first time an international court successfully convicted someone for the crime of rape during a genocide was in what year? Who did they convict?
> was in 1998, when the International Criminal Tribunal for Rwanda convicted Jean Paul Akayesu.
Unfortunately, invading troops and perpetrators of genocide are not the only offenders. What other groups have been responsible?
> A number of United Nations (UN) Security Council peacekeeping troops have been responsible for participating in and perpetrating rapes, sexual abuse, and sexual slavery in various UN missions around the world.
In addition to sex acts, human trafficking can involve all forms of what?
All forms of what (F,F,C) to obtain what?
> all forms of force, fraud, or coercion to obtain other types of labor as well.
The vast majority of human trafficking involves what kind of activity? Provide an example.
> involves sexual activity,
i.e. including child pornography
The UN reports that there are nearly how many trafficking victims across the globe?
> nearly 5 million human trafficking victims across the globe.
Even though many Americans still believe that human trafficking is not a problem in the United States, empirical data clearly illustrates otherwise. What two figures would show that?
1. How many suspects were prosecuted in 2015?
2. What percentage did these prosecution increase from 2011 to 2015?
> was nearly 2,000 in 2015.
> the number of sex trafficking cases prosecuted in federal courts increased 82% from 2011 to 2015
The Department of Homeland Security (DHS) contends that human traffickers target victims who are:
- lack what two things and have what kind of vulnerability?
> lack of a safety net + economic resources
psychological or emotional vulnerability,
Trafficking occurs year-round in communities across the nation, but where do they happen really? (What happens to the victims?)
> traffickers often move their victims to places where there are more profits to be made.
> Because these locations change, victims are often transported across state lines.
What location was recently targeted by state and federal law enforcement agencies for human trafficking?
> Atlanta, where the 2019 Super Bowl was held.
> That year’s Super Bowl and its relationship to human trafficking is noteworthy because mere weeks before the event, Robert Kraft, the owner of the New England Patriots, is alleged to have paid for sex at the Orchids of Asia Day Spa in Florida.
> Authorities were monitoring the spa to uncover its relationship to sex trafficking when Kraft and over one hundred other men were caught in the sting.
What law specifically targets trafficking?
> the Trafficking Victims Protection Act (TVPA) of 2000 provided new tools to combat trafficking.
The TVPA also expanded the definition of human trafficking to include the production of what?
> to include the production of child pornography.
How did the TVPA expand?
1. To protect what kind of victims?
2. Established a law that required victims to do what?
3. Provided funding for what programs
4. Ans included new statues that were used for what?
> protect international victims of human trafficking, e
stablished a law requiring defendants to pay restitution to victims,
provided funding for prevention through public awareness programs,
and included new criminal statutes to be used for prosecuting human trafficking.
what is the the Anti-Trafficking Coordination Team (ACTeam)? What federal agencies does it incorporate?
> the Anti-Trafficking Coordination Team (ACTeam) is a multiagency initiative aimed at increasing leads and intelligence to uncover victims and enhancing trafficking enforcement efforts to punish offenders.
> the federal agencies involved in this initiative include the Department of Justice, the Federal Bureau of Investigation (FBI), the DHS, and the Department of Labor
After reviewing the psychological research, researchers concluded that the link between sexually aggressive men and psychopathology was what?
Hint- was it effective or not?
> inconclusive and weak at best.
Diana Scully and Joseph Marolla contend that attempting to explain rape using psychopathological models places emphasis on what?
> places emphasis on the wrong things, since “attention is diverted away from culture or social structure as contributing factors.
> Thus . . . it ignores evidence which links sexual aggression to environmental variables and which suggests that rape, like all behavior, is learned.”
Another popular misperception about rape suggests that it is a product of sexual desires and needs—or, as A. Nicholas Groth suggests:
> the offender is a lusty male who is the victim of a provocative and vindictive woman, or he is seen as a sexually frustrated man reacting under the pressure of his pent-up needs, or he is thought to be a demented sex-fiend harboring insatiable and perverted desires
What type of crime is rape?
> The truth, rape is first and foremost a crime of violence.
> This is not to suggest that the rapist is not motivated in part by desire and the need for sexual gratification, but rather that the sexual elements are woven together with issues of power and dominance in the mind of the rapist.
To rapists, violence and sex are linked in a perverse way that allows them to do what?
> allows them to project their insecurities, fantasies, and frustrations onto the bodies of their victims.
Rapists commit their crimes for a variety of reasons, but three themes seem to run through all of them- what are they?
> power, anger, and sexuality.
What classifications scheme divides rapists into four categories? is there a fifth?
> One such classification scheme divides rapists into four broad types: power reassurance, anger retaliation, power assertive, and sadistic
> Keep in mind that these categories are ideal types and any one offender might have characteristics that fit into several different classifications. This is sometimes referred to as a blending or mixing of types.
What is the power reassurance rapist?
> considered to be the most common type of sexual predator
> suffers from low self-esteem +. feelings of being in-adequate
> bad personal hygiene and dirty clothes
> don’t typically have a large friendship network, and their interpersonal skills are fairly minimal
> have menial jobs without much responsibility and where they don’t interact with the public
> described as being loners, quiet, and shy
What does the power assurance rapist do in the act of rape?
> they try to achieve a sense of personal empowerment.
> They tend to be the least violent and sometimes fantasize that their victim may actually come to enjoy the rape and may even want to initiate a relationship.
> reassure their targets by engaging them in conversation and encouraging them to cooperate and play along with the fantasy of the rapist that this assault is consensual.
> They may even demand that rape victims tell them they love them.
> they use minimal force and encourage cooperation—it feeds this mental scenario they have created.
What is the power assertive rapist?
> The second most common type
> dominance are the primary motivating forces.
> very concerned with their physical appearance and tend to be very well dressed and groomed.
> in good shape and even very athletic.
> see themselves as being real “macho” kinds of guys, and this is often reflected in their choice of cars, what they wear, and even what kind of jobs they have.
> are often in blue collar jobs such as the construction industry, the military, or law enforcement and typically like to drive big trucks or sports cars.
> can be quite friendly and charming, even when interacting with women, but can change dramatically.
What does the power assertive rapist do in the act of rape?
> these individuals achieve a feeling of control—of having the power of life or death over their victims.
> Violence, for these predators, is often an intrinsic part of the rape
> demands and not asks
> Interestingly, this kind of offender has often been married multiple times and is frequently in conflict with his spouse.
> rape is an expression of their anger and desire for power and control.
What is the anger retaliation rapist?
> is someone who feels a tremendous amount of hostility toward women and consequently uses rape as a vehicle of revenge.
> These men were often abused as children and/or come from single-parent homes.
> their generalized hatred of women may stem from a negative relationship with a mother or other significant female. In a very real sense, their victims serve as a stand-in for all women or at least the woman they have a problem with.
> impulsive
What does the anger retaliation rapist do in the act of rape?
> they are usually very impulsive, they frequently rely on a blitz-style attack on any vulnerable target of opportunity.
> rape is simply a tool to hurt, humiliate, and degrade women
> significant physical injuries typically accompany the rape, much more so than with the other types
The sadistic rapist, also known as the anger excitation rapist, is someone who:
> displays extreme violence and cruelty in his attack
> enjoy and revel in the pain and humiliation that they inflict on their victims
> are potentially the most likely of the different types of rapist to kill their victims
> violence and sex are intimately linked.
> the complete control and domination over another human being is what they find so stimulating
> tend to be a bit older than many of the other types of rapists and are commonly married with children use this as a facade to prey on innocent people.
What occurs in the act of rape for the sadistic rapist?
> these rapists spend a great deal of time planning and preparing their attacks, which often involve the creation of a rape kit that can include a blindfold, condoms, gloves, and duct tape or precut rope.
> Also included may be a police radio in order to monitor law enforcement.
In addition to the main types of rapists, what are some additional types? Does it represent an atypical offender?
> Opportunistic offenders, for example, are those individuals who perpetrate a rape during the commission of another crime = rape isn’t the main intent when committing another crime
> There is also the gang rapist, who commits rape as part of some group, such as a military unit or a sports team.
> represents atypical offenders
Violence against women—both sexual and nonsexual—is often perceived as an expression of what?
think of feminist themes here.
> is often perceived as an expression of a patriarchal (male-dominant) social structure.
What do feminists believe about the act of rape?
> contend that rape is an act of social control, an extension of normative male behavior that defines the traditional male sex role and is integral to the historical powerlessness of women in male-dominated societies
What is the evidence for rape being an act of social control?
1. Higher rates of rape exsist where?
2. States which higher rates of what experience what?
> are higher rates of rape in societies in which women are excluded from positions of power
> Research in the United States has also found that states with higher rates of gender equality have lower rape rates compared with states that have higher rates of inequality.
Other scholars have focused on the socialization process of males and females and argue that traditional socialization practices encourage males to do what with respect to rape while females are encouraged to do what?
> encourage males to associate aggression, dominance, strength, and virility with masculinity.
> In contrast, traditional female stereotypes encourage females to be submissive and passive.
Martha Burt interviewed a representative sample of almost 600 adults and found that individuals with a belief in conventional sex-role stereotypes were more likely to do what:
> endorse rape myths
> have attitudes supporting violence against women; and
> believe that sexual relationships are necessarily deceptive, manipulative, and exploitative
In research conducted with college males, it has been found that men who believe in traditional sex roles are more likely to do what? What is it also linked to?
> are more likely to be involved in sexually aggressive activity than those males who do not adhere to these values.
> also linked to marital rape
Evidence that rape is associated with power and dominance also comes from research with what?
Concerns animals
> primates
Robert Sapolsky, who did extensive fieldwork with baboons living in the wild, witnessed rapes among which primates?
> baboon communities
Less than 30 years ago, most state rape statutes required that:
> he victim promptly report her victimization to police, that the victimization be corroborated by other witnesses, that the victim demonstrate that she had physically resisted her attacker, and that judges could provide cautionary instructions to the jury about the difficulty of determining the truth of a victim’s testimony.
When did reforms for rape occur? By the 1980s, what occured?
> Beginning in the early 1970s, however, education and activism by various feminist groups and other civil rights groups led to a growing awareness about the antiquated nature of rape laws in this country.
> By 1980, most states had passed some form of rape reform legislation.
Although the nature and scope of rape law reforms vary significantly across jurisdictions, Cassia Spohn and Julie Horney note four common reform themes- what are they?
1) Replacing the single crime code of rape with a series of offenses graded by seriousness with commensurate penalties, usually gender and relationship neutral
2) Changing consent standards by modifying or eliminating requirements that victims resist their attackers
3) Eliminating corroboration requirements
4) Enacting rape shield laws that place restrictions on the introduction of evidence concerning the victim’s prior sexual conduc
The intended goals of rape law reforms have been what? What was hoped?
> have been somewhat diverse
> it was hoped that it would serve a symbolic purpose by educating the public about the seriousness of all forms of sexual assault, decrease the stigma and stereotypes associated with rape victims, and radicate the conditions thought to impede rape prosecutions
How would these increases affect sexual assault offending? The answer lies in what theory?
its a criminological theory.
> deterrence theory
> Deterrence theory contends that the offending behavior is driven by the costs and consequences associated with engaging in crime.
If rape reform legislation worked, victims should be more likely to do what?
> more likely to report their victimizations to authorities and the criminal justice system should be more likely to prosecute and sanction offenders who are reported.
Although earlier studies examining the efficacy of reforms found few changes in the reporting or conviction rates of rape, recent research has shown that women are not as reluctant to do what now?
> report sexual assaults perpetrated by known offenders as they were before the reform movement.
> Also, according to the NCVS, women who were raped by known offenders were more likely to report that an arrest had been made as a result of their coming forward compared with women who had been raped by strangers.
What were among the primary reasons why victims of acquaintance rape did not report their victimizations to the police?
> guilt and self-blame were some of the primary reasons
> In some instances, the self-blame was reinforced by family or friends, who, on hearing of the assault, overtly or covertly blamed the victim for what occurred.
> Another reason for not reporting to police, acknowledged by rape victims, is the lack of confidentiality provided to victims who do report.
Today, it is not uncommon for jurisdictions to have specialized units that respond to incidents of rape and other sexual assaults. These units have come to be known as what?
> these units have come to be known as sexual assault response teams (SARTs)
provide a collobartive “team approach”
What is an addition to the SART teams?
What kind of person is added to this team and what do they do?
> One addition to these teams is sexual assault nurse examiners (SANEs), who typically provide expert testimony for the prosecution.
Although efficacy has not been examined for SARTS - what do people believe about them? What kind of prosecution does it offer?
> most believe that such units will only serve to increase the criminal justice system’s sensitivity toward sexual assault victims, thereby decreasing the trauma that historically has been associated with reporting a sexual assault to police.
> For example, the team approach used by many SARTs allows for vertical prosecution, which alleviates the need for a victim to repeatedly relive the trauma by describing the assault to numerous entities along the adjudication process.
hen rates of recidivism are examined, however, rates for those convicted of rape are considered:
1. What was the rate for recidivism according to the BJS tool?
2. What percentage of men release from physical assualt were expcted to recidivise?
3. Despite the rates, what fears are still widespread?
> generally lower compared to other offenders.
> BJS recidivism analysis tool found 5.8% of males with fewer than two prior arrests are expected to be convicted of a new crime within one year.
> In contrast, 12.7% of males released from prison after serving time for other physical assaults are expected to be convicted of a new crime within one year.
> Despite these low recidivism rates, societal fears of “serial rapists” are widespread, as evidenced by the proliferation of laws attempting to protect victims.
Virtually every state now has legislation that includes sanctions against recidivating sex offenders, what are the 4 most common sanctions for these offenders?
- adding lifetime GPS monitoring,
- mandating civil commitment for life,
- restricting where they live
- name on websites that are available to the public, to name the most common.
What case was the catalyst for many states and the federal government to enact stronger legislation requiring convicted sex offenders to register with law enforcement officials?
> The Megan Kanka case
> Megan Kanka was a seven-year-old living in New Jersey when her neighbor lured her into his home by promising her a puppy. Once he had her in his house, he raped, strangled, and suffocated her. Her body was then stuffed into a plastic toy chest and dumped in a nearby park.
> Timmendequas was the man who raped and murdered her, and he was a twice-convicted child offender who lived across the street from the Kanka home and was sharing his house with two other convicted sex offenders he had met in prison.
What does the Wetterling Act require persons convicted of a criminal offense against a minor or of a sexually violent offense and persons deemed to be “sexually violent predators” to do? Was this information supposed to be released to the public?
> requires them to register a current address with state law enforcement.
> This information, along with fingerprints, was to be transferred to the FBI. The problem with this act, according to many critics, was that this information was never supposed to be released to the public.
After Megan Kanka’s death, many states and the federal government did what?
> After Megan Kanka’s death, many states and the federal government enacted legislation (named after the little girl) that was intended to make the registries more effective.
How did Megan Kankas’ death amend the Wetterling Act?
> the U.S. Congress amended the Wetterling Act by adding what was termed Megan’s Law.
> This legislation allowed the release of offender information “for any purpose permitted under the laws of the state.” This gave states the power to determine what kind and how much of the information about offenders is disclosed to whom and for what purpose.
Aside from Megan’s law and the Wetterling Act, is another legislative addition passed by Congress? What did it mandate?
> Another legislative addition passed by Congress was the Pam Lychner Sexual Offender Tracking and Identification Act of 1996, in memory of a victims’ rights activist who died in the TWA Flight 800 crash off the coast of Long Island, New York.
> This act mandated the creation of a national database of convicted sex offenders designed to track offenders as they moved from state to state and cover for states not in compliance with the Wetterling Act.
Absolute nationwide number comparisons of offender registries remain somewhat problematic because of what factor? Has it increased overall?
> Because each state defines what type of offenders will be registered
> However, it is important to note that the absolute number of registrants will continue to grow in each state, because some states require certain offenders to remain on the registry for life.
one provision of the Lychner Act was that the registration requirement was changed from a maximum of 10 years to:
> 10 years to life, depending on the number of prior convictions and the type of crime committed.
In 2006, Congress passed the Adam Walsh Child Protection and Safety Act, which mandated a number of changes, including the expansion of what two things and the establishment of whic office in the US department of justice?
> expanding the definition of jurisdiction to include federally recognized American Indian tribes
expanding the number of sex offenses that must be captured by registrations.
established a new office to administer the standards for sex offender notification and registration called the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART).
One recent study investigated recidivism practices of a released group of sexual offenders, and, using Google Earth, mapped whether their offending could have been prevented if residency restrictions had been placed on them. The researchers concluded that the new offenses:
> similar to most violent crime, were against victims known to the offenders and that the few offenders who did establish new contact with young victims who were strangers did not do so near a school, park, or playground, all of which are included in residential restriction laws.
Another recent study examined whether the existence of a sex offender registry decreased the rate of rape and other sex offenses. Results indicate that:
> Results indicate that incidents of sexual violence did not decline after such registries were introduced.
> also findings revealed that neither future arrests nor future convictions were reduced for those offenders required to register
In contrast to these policies, what form of monitoring for sex offenders has show promise?
> monitoring high-risk sex offenders with GPS technology has shown promise.
In California, the state with the greatest number of sex offenders under GPS surveillance, Stephen Gies and his colleagues recently compared outcomes between paroled sex offenders who were placed on GPS monitoring with a control group of parolees who were not. What was found?
> those under GPS surveillance were more likely to register as sex offenders, less likely to be rearrested within a one-year time period, and less likely to be reconvicted.
> In fact, less than 4% of both the control group and GPS monitored parolees were rearrested for a new offense (usually a parole violation though)
Why is the debate around sexual offending legislation heated (aka what are the opposing viewpoints)?
> Some critics argue that states should do more to rehabilitate sex offenders in the first place and that registries and residential restrictions placed on offenders only serve to stigmatize offenders and prevent them from moving on with their lives.
> Other legal scholars contend that these laws are really nothing more than a second punishment for those who have already paid their debt to society.
Chrysanthi Leon concluded that all sex offenders, regardless of the contextual circumstances of their crimes, are now classified as:
> “monsters” requiring confinement, which prioritizes the public’s belief “that all sexual offending is harmful, dangerous, and caused by deviant desires that are compulsive and beyond control.”
Who funded the #MeToo movement and in what year? When did it come to public conscious?
> Although the “Me Too” movement was founded in 2006 by Tarana Burke, it did not come to the forefront of public consciousness until several women alleged that movie producer Harvey Weinstein had raped them in October of 2017
How does the MeToo movement promote deterrence *under deterrence theory?
> Offending behavior made public on social media not only has the potential of resulting in formal sanctions by the courts, as we have seen with Harvey Weinstein, but also involves public shaming, which is a form of informal social control.
What kind of control is the MeToo movement?
> INFORMAL SOCIAL CONTROL
> They are meted out by our family, friends, places of employment, and so on.
> Importantly, research shows that informal sanctions such as these are as powerful as formal sanctions in deterring criminal behaviour
In sum, movements such as #MeToo and #NotOkay may decrease the prevalence of sexual assault for several reasons, including what two main reasons?
> by changing social attitudes about what behavior is appropriate
> and by increasing the costs, both formal and informal, of engaging in such behavior.
