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o+v MCQs > crime type 5 - sexual violence > Flashcards

crime type 5 - sexual violence Flashcards

1
Q

what is sexual violence?
what does it include but is not restricted to?
List different types of SV

A

sexual violence is any unwanted sexual act or activity
this includes but is not restricted to:
- rape
- sexual assault
- child sexual abuse
- child sexual exploitation
- sexual harassment
- rape within marriage/ relationships
- forced marriage
- honour based violence
- female genital mutilation
- trafficking
- sexual exploitation
- ritual abuse

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2
Q

sexual violence is now been made

A
  • gender neutral
  • non legal
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3
Q

what did the sexual offences act 2003 replace?
Set out?
Reform?

A
  • sets out the sexual acts prohibited by law
  • replaced the sexual offences act 1956
  • reformed the law on sex offences to reflect changes in social attitude, bringing the existing laws regarding rape up to date and offer greater protection to children and vulnerable adults
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4
Q

why are sexual offences context dependent?
Has the age of consent reduced?
Does the age of consent vary?
How long as male rape and rape within marriage been a part of criminal law ?
When was the legislation for homosexuality decriminalised?

A
  • the legal definition of sexual violence varies over time and place
  • male rape and rape within marriage only part of criminal law since 1994
  • age of consent vary by jurisdiction across europe. they are currently set between 14 and 18
  • legislation of homosexuality was decriminalised in 1967
  • age of consent was reduced from 21 to 18 to 16
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5
Q

before SOA 2003 came into force what was there no statutory definition for?

A

no statutory definition for consent
- only vague ideas of how consent could be given

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6
Q

what does s74 of SOA 2003 now states that a persons consent to sexual activity is that
What is the quote about choice

A

‘if they agree by choice, and have the freedom and capacity to make that choice’

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7
Q

what legally constitutes consent has evolved through case law and is judged not to be present when it was achieved by what 6 factors:

A
  • the use of force or fear (including threats to third parties)
  • the victim was unconscious (including sleep)
  • there is impersonation of another (e.g. a complainants husband)
  • the complainant is fundamentally mistaken as to the nature of the act
  • the complainant did not have understanding and knowledge to decide whether to consent or resist (e.g. disability, age , illness)
  • the complainant was so drunk or drugged they could not consent
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8
Q

it is an offence for anyone to have any sexual activity with a person under the age of ?

A

16

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9
Q

the age of consent is the same regardless of the ?

A
  • gender and sexual orientation of the person
  • whether sexual activity is between people of the same or different gender
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10
Q

the law gives extra protection to children under the age of?
and provides protection to young people who are over the age of

A

under age of 13
over age of 16 but under 18

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11
Q

what is technology facilitated sexual violence ?
Refers to what

A
  • refers to range of behaviours where digital technologies are used to facilitate both virtual and face-to-face sexually based harms/ abuse against adults and children
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12
Q

what behaviours does technology faciltiated sexual violence include?
List 5 different cyber crimes

A

-indecent images of children
- self generated indecent images/ sexting
- online sexual harassment
- cyberstalking
- image based sexual exploitation

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13
Q

define rape

A

an offence for a person (A) intentionally to penetrate with his penis the vagina, anus or mouth of another person (B) without that persons consent

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14
Q

define assault by penetration
What can the penetration be apart of that isn’t traditional rape

A

-where a person (A) intentionally penetrates the vagina or anus of another person (B0
-the offence is committed where the penetration is by a part of A’s body (for example a finger) or anything else (for example a bottle)
- where the penetration is sexual and without the persons consent

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15
Q

define causing a person to engage in sexual activity without consent

A
  • an offence for a person (A) intentionally to cause another person (B) to engage in sexual activity without that persons consent
  • for example a women compels a man to penetrate her or where one person forces someone else to masturbate himself
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16
Q

Sexual crimes account for what percentage of all police recorded crime ?
What does this equate to?

A
  • sexual crimes account for around 1% of all police recorded crime
  • this equates to around 1 offence per year for every 1000 people in e and w
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17
Q

In what scenario/ relationship is deemed the most serious perpetrator for SV?

A

when there is a relationship between victim and perpetrator
- usually their partner

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18
Q

who is the main victim of sexual violence?

A

females

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19
Q

radford 2011 said how many 11-17 reported contact sexual abuse?
who was it perpetrated by?

A

1 in 20
2/3 perpetrated by other children under 18 years old

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20
Q

what percentage did radford 2011 say children reported contact sexual abuse by an adult?

A

0.7% of all children reported CSA by adult
80% by an adult they knew

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21
Q

what does the 2003 act reinforce in relation to offenders and victims?
What groups commit SV?
What issues tells us about the nature/ context of SV?

A

the fact that perpetrators and victims are not a homogenous group
- its a diverse group of offenders
- both male and females commit sexual offences and both male and females can be victims of sexual offences

issues around consent - tells us about the nature/ context of sexual violence

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22
Q

official statistics and victim surveys tell us that
The majority of sexual crimes committed by … against who …
Can children be perpetrators ?
Who is more likely to experience sexual abuse by someone they know?

A
  • the majority of sexual crimes are carried out by men against women
  • children and young people can be perpetrators of CSA
  • women and children are more likely to experience sexual abuse by someone they know
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23
Q

what 3 categories of theories can be used to understand sexual violence perpetrated against adults and children?

A
  1. biological theories
  2. sociological theories
  3. feminist theories
24
Q

what do biological theories of crime entail

A

biological explanations of crime assume that some people are born criminals who are physiologically distinct from non-criminals

25
Q

what do sociological theories of crime entail

A

sociological approaches suggest that crime is shaped by factors external to the individual: their experiences within the neighbourhood, the peer group, and the family

26
Q

what do feminist theories of crime entail?

A

feminist theory views rape as a pseudosexual act used by males to intimidate and dominate women

27
Q

what do ‘individual level explanations’ mean?
Locates what?
Suggest there are what differences?

A

locate the causes of crime within the individual, suggest that there are identifiable differences between offenders and non-offenders

28
Q

what are 3 examples of violence and sexual violence psychological pathologies?
I
S
A

A
  • inadequate self-control
  • sadism or psychopathology
  • abnormal personality traits - low frustration tolerance, depression
29
Q

how do biological explanations define rape/ sexual violence
Refers to it as a crime of…
Committed by.. who cannot help their …

A

refer to it as a ‘crime of passion’ committed by men who ‘cannot help their biological predisposition’

30
Q

how do biological explanations define CSA?
What is it a result of ?

A

it is a result of abnormal personality traits or mental illness

31
Q

criticisms of biological explanations for rape/ SV
Issues around…
Sees Sv only as a
Suggests that criminals are …
Takes sexual violence out of …
No … link

A
  • issues around responsibility/ culpability (and punishment)
  • sees sexual violence only as a sexual act (ignores explanations that point to power and dominance)
  • suggest that criminals is ‘other’, in some different or abnormal way to everyone else
  • takes sexual violence out of realms of everyday
  • no causal link
32
Q

what biological advances have been established for biological explanations for SV?
CSA
RAPE

A
  • CSA: ‘paedophilia’
  • rape: drugs and alcohol
33
Q

what is the clinical definition of paedophilia?
Is it a sexual orientation
Explains why some individuals

A
  • a paedophile is someone who has a primary or exclusive sexual interest in prepubescent children
  • paedophilia is a sexual orientation and unlikely to change
  • explain why some individuals abuse children
34
Q

criticsms of paedohilia

A
  • not all child sex offenders are paedophiles
  • not all paedophiles are child sex offenders
35
Q

when is victim intoxication more frequent in rapes?

A
  • where the two parties are casual friends or strangers
  • where there is little or no evidence of physical force
36
Q

significant victim intoxication is associated with what ?

A

a higher chance of SA by a stranger
a greater likelihood of rape completion with penetration

37
Q

define drug facilitated rape

A

-the perpetrator deliberately gives the victim drugs without her permission or tries to get her drunk, and then commits an unwanted sexual act against her involving oral, anal, or vaginal penetration
-victim is passed out or awake but too drunk or high to know what she is doing or to control her behaviour

38
Q

define incapacitated rape

A

-unwanted sexual act involving oral, anal, vaginal penetration that occurs after the victim voluntarily uses drugs or alcohol
- the victim is passed out or awake but too drunk or high to know what she is doing or to control her behaviour

39
Q

what is alcohols effect on cognitive and motor skills

A

disinhibition
aggression

40
Q

what are gendered stereotypes about women and alcohol

A

it induces sexual behaviour

41
Q

bio social explanations of alcohol, drugs and sexual intent with incapacitated rape

A
  • negotiations of gendered expectations
  • a behaviour acted by women and interpreted by men
  • women become gatekeepers responsible for communicating consent, and therefore preventing sexual violence
42
Q

criticism of biological explanations for SA

A
  • biological explanations and theories only focus on the perpetrator - they therefore overlook social and cultural factors tied to them
43
Q

what do sociological approaches suggest that crime is shaped by

A

factors external to the individual:
- their experiences within the neighbourhood
- the peer group
- the family

44
Q

what are sociological explanations interested in

A

interested in social or societal changes or factors which influence criminal behaviour

45
Q

social learning theory applied to SV

A

rape results from the male acquisition of attitudes and vicarious learning experiences favourable to males behaving aggressively toward women
e.g. learned hegemonic masculinity and socially dominant images of what it means to be a man

46
Q

what stereotypes are portrayed in SV associated with hegemonic masculinity

A
  • sex role stereotypes - sociocultural attitudes towards women and rape
  • misogynist attitudes and rape myths
  • gendered stereotypes and male rape
47
Q

CSA as a learned behaviour

A
  • adverse childhood experiences
  • childhood physical and sexual abuse are known to be risk factors for adult sexual aggression and linked to perpetration and victimisation
  • the cycle of violence
  • however not all children will grow up to be perpetrators or victims
48
Q

what book brought the ideas of feminist anti rape movement into the mainstream?

A

brownmilers book ‘against our will: men, women and rape’ 1975

49
Q

what did brownmillers 1975 book reframe rape as?

A
  • reframed rape as a sexual act to a political one
50
Q

what 3 things did brownmillers book state

A
  1. rape is not about sex
  2. sexual violence and rape is motivated by power and control: understood as an important pillar of patriarchy
  3. the function of rape is ‘nothing more or less than conscious process of intimidation by which all men keep all women in a state of fear’
51
Q

sum up biological explanations

A
  • focus on the perpetrator: predisposed to sexual violence
  • takes sexual violence out of the realms of the everyday
52
Q

sum up biological advances

A
  • alcohol and drugs
  • consent critical to our understanding of sexual violence
  • cultural expectations and gendered norms help explain why rules around consent are ignored or reinterpreted
53
Q

sum up sociological explanations

A
  • sexual violence as a learned behaviour
54
Q

sum up feminist theories

A

VAWG understood as an important pillar of patriarchy

55
Q

what is an important criticism to remember when considering different theories of SV?

A
  • important to remember that sexual violence is multi-faceted
  • one theory might be able to explain one type of sexual violence but falls down when consider different contexts

o+v MCQs (12 decks)

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