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SOC 325 > FINAL EXAM SHORT ANSWER > Flashcards

FINAL EXAM SHORT ANSWER Flashcards

1
Q

JUVENILE SEX OFFENDER FACTS

A
  • Youth accounted for 17% of all people accused of sexual violations
  • When victims are also youth, 26% are also youth
  • 1/4 of people sexual offending against youth, are also youth
  • The highest rates: ages 14-16, within that, mostly boys
  • When victim under the age of 12, 41% of the people accused are youth as well
  • Usually another family member, most often a sibling
  • When police actually lay a charge, youth age 12-15 are less likely to be charged than the victim who is a peer rather than a family member
  • Same thing when 16-17
  • A young person aged 12-13 cannot be tried for sexual interference or sexual toughing or exposure unless in a position of trust/ authority
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2
Q

PREVELENCE IN JSO

A

if they offend in youth, it will be equally as likely to reoffend in adulthood than to not reoffend in adulthood.

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3
Q

REVIDIVISM IN JSO

A
  • bulk of criminal offences happen in young people
  • most grow out of it and don’t reoffend as adults
  • BUT for adult offenders, more likely they started when they were young themselves
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4
Q

CHARACTERISTICS IN JSO

A
  • tend to be generalists: aren’t specific to one type of offending; do it all (ENGAGING IN JUST SEX OFFENCES IS RARE)
  • 90% of JSO are male
  • average age for male offenders is higher than females (male:14)
  • most offenders fewer than 5 years older than victim
  • many report history of physical/sexual abuse
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5
Q

TWO TYPES OF JUVENILE SEX OFFENDERS

A
  1. ADOLESCENCE LIMITED
    • Most fall into this category
    • Drinking underage, breaking into cars, graffiti
    • They grow out of it, by the time early 20’s it stops
    • LIMITED TO THAT STAGE OF LIFE
  2. LIFE COURSE PERSISTENT
    • Starts a lot earlier, before adolescence you will see anti social/criminal behaviour
    • Usually start before age of 12
    • Offender behaviour more serious
    • Much more likely to continue offending
      Tend to be more likely to have a history of sexual/physical abuse
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6
Q

FEMALE JUVENILE SEX OFFENDERS

A
  • PROPORTION OF FEMALE OFFENDERS DECREASES AS AGE INCREASES
    • 1-2% of adults sex offenders are females, 10% juvenile
    • 13-18, 10% are women
    • Under the age of 12, goes up to 20%
    • More likely to be younger females
    • PERPETRATORS OFTEN KNOW THEIR VICTIM
    • Also, male counterpart not likely at all in juvenile
    • PERPETRATORS OFTEN HAVE HISTORY OF ABUSE
    • Likely to experience more abuse than male perpetrators
    • And by more than one person
    • Abuse usually starts before the age of 6
    • Often in a situation of female sex offender, recreating the abuse they experienced themselves
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7
Q

WHY JUVENILES SEXUALLY OFFEND

A

CONTEXT IS IMPORTANT
- Offending or experimentation
- Difficult to determine because:
1. The behaviour could be consensual
2. The young person may be engaging in sexual experimentation
3. The young person maybe be experiencing abuse

Things we need to consider
1. What is the sexual knowledge of that behaviour
2. What is normal sexual behaviour among this age group

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8
Q

ANTECEDENTS TO OFFENDING (what comes first)

A
  • Not causes, but factors that are present when looking at offenders:
    • Lack of empathy
    • Family dysfunction (most important)
    • Excessive use of pornography
    • History of abuse
    • Substance abuse
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9
Q

CYCLE OF JSO

A
  1. Negative self image
    • Emotional problems, their own abuse
    1. Social isolation
      - May start to fantasize
    2. They experience a triggering event
      - Can be a fight, bad grade, etc
      - Causes them to offend and cycle restarts
      - Distortions perpetuate the offence
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10
Q

TYPOLOGIES OF JUVENILE SEX OFFENDERS:

PRENTSKY ET AL (2000)

A
  • Distinguishes between those who abuse children, and those who engage in sexual assault
    1. Child sexual abusers
    2. Rapists
    3. Sexually reactive children (has an abuse history so most likely acting out that same pattern)
    4. Fondlers (offences much less invasive)
    5. Paraphiliac offenders
    6. Those who do not fit into the categories (developed in a clinical setting, clinical sample)
    • Distinction between:
      Conduct disorder: anti social personality disorder but younger than 18

Anti social personality disorder: can only be diagnosed if over the age of 18

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11
Q

MALA IN SE VS MALA PROHIBITUM

A

MALA IN SE:
(inherently evil about that crime, murder, sexual assault, etc)

MALA PROHIBITUM:
( behaviour that we outlaw, because it conflicts w moral sensibility, current opinion, etc, ex: erotic things, mood altering drugs, etc)

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12
Q
  1. THE BEG OF PROS ( THE FRASER REPORT, 1985 )
A
  • Prohbited under vagrency laws (no job and therefore unable to provide for family)
    • Prositution technically “legal” but most other activities illegal
    • (could not communicate for purpose of pros, could not live off the avails: legal for me to sell sex but couldn’t use the money for rent, illegal to keep a body house; living w someone also selling sex, could not stop in a public place for pros)
    • Therefore not legal
    • 62% of Canadians felt pros was problematic
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13
Q
  1. CONSTITUTIONAL CHANGES OF PROS (BEDFORD 2013)
A
  • Canada (attorney general) v Bedford (2013)
    • Because pros was actually legal, but all other laws aren’t, therefore violated our charter of protection
    • Therefore 2013 those laws were struck down
    • Protection of communities and exploited persons act (2014)
    • Illegal to buy, not illegal to sell (over the age of 18)
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14
Q
  1. STATUS UNDER NEW LAW OF PROS
A
  • Aim to reduce demand for prostitution
    • Pros themselves are victims
    • Not a victimless crime
    • They are exploited and need protection
    • Now okay to solicit for sexual services (BUT CANNOT HAPPEN THROUGH THIRD PARTY, like posting an ad, using another individual)
    • BUT need to do it in specific locations; where no children are around, churches, etc
    • Argument: by making it illegal to buy, drives pros even further into the shadows making it more dangerous
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15
Q

CHARACTERISTICS OF PROS

A
  • Average age: 28 for females, 35 for males
    • Average age of entry for females: 15
    • Percent charged between ages of 12-17: 1% (2012)
    • Clearance rates for murders of sex workers: 34 (compared to 77-85 for other homicide victims)
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16
Q

3 WAYS TO ENTER PROFESSION OF PROS

A
  1. 12-16: exploitation
    1. Through the “big sister” who recruits someone who is naïve, needs cash
      - Not exploiting, just a “here I have a way”
      - At first it’s fun, so much cash, etc
    2. The individual decides themselves to engage in sex work
      - Pros and cons
      - Tend to be older
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17
Q

6 TYPES OF PROS (FROM WORST TO BEST)

A
  • STREETWALKERS
    • Most at risk for violence and criminalization
    • Most researched
    • Most often targeted by ppl who don’t agree
    • BAR GIRLS
    • Sex workers who hang out in bars
    • Management usually knows
    • MASSAGE PARLOUR PROS
    • Happy endings
    • Coded language
    • HOUSE PROS
    • Brothel or a body house
    • RAP SESSION BOOTH PROS
    • Red light district type
    • Might be in a bookstore, sex shop
    • ESCORT SERVICE PROS
    • Top of hierarchy
    • Can make a lot more money
    • “this person was hired for dancing”
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18
Q

MALE CHARACTERISTICS OF PROS

A

KEY DEMOGRAPHICS
- Aboriginal heritage
- Involvement in child protection services
- Education
- Running away
- Getting thrown out
- Sexual and physical violation
- Witnessing aggression while growing
- Involvement with police

SEXUAL ORIENTATION
- Gay for pay
- Straight for pay
- Transgender

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19
Q

THEORETICAL APPROACHES TO PROS

A

Badgley report (1984)
- Social-psychological perspective

Special committee on porno and pros
- Political economy perspective

Feminism and structural-functionalism
- Suggested that sex work/ pros serves a function in our society therefore not fully problematic because it provides a sexual outlet for people that otherwise wouldn’t have

20
Q

DSM-V PEDOPHILIC DISORDER DEFINITION

A

Recurrent, intense sexually arousing fantasies, sexual urges or behavior involving a prepubescent child over a period of time
* Individual must be at least 16 years old and at least 5 years older than the child
- Have to be 6+ months reoccurring
- Etiology of pedo is unknown, but there are predisposing factors:
- Deviant behaviors that make them sexually attracted to children
- Behavior might be a way of acting out other non sexual things
- They most often come from homes w overbearing mother + passive/ absent fathers
- Sexual orientation is not related

21
Q

8 TRAITS OF PEDOS

A
  1. Most pedophiles are male
    • but might be that sex w children is less reported with females
    1. Low self-esteem and other psychological traits
      - pedos suffer significantly lower SE,
      - lack of empathy
      - fear of intimacy
    2. Heightened arousal by children
      - might be aroused by newspapers
      - pictures of kids in swimsuits
      - child porno
      - which often fuels the fantasy
    3. Challenged in social skills
      - admit to feelings of aloneness and unsatisfying intimate relationships
      - they find it is difficult to fill that desire
      - some may feel intimated by adults, especially women,
      - so feel more comfortable w children
    4. Sexual activity
      - wide variety of sexual practices
      - from fondling to intercourse
      - research shows the aggression pedos display tends to me verbal rather than physical
      - home of the pedo is often where abuse takes place
      - the sexual act w a child is a substitute for sex w adults,
      - more easy to control
    5. Criminal records
      - Minor criminal record
      - Which goes w why they’re often on the low w police force
      - Morse likely to be offence specialists than offence generalalists
      - Hold a good view of the police
    6. Feelings of remorse
      - Vary depending on the type of pedo dealing with
      - Remorse +feelings of empathy make that pedo more likely for rehabilitation/ treatment
      - Denial is a huge factor
    7. Multiple sexual victims
      - Not much physical harm
      - Some require alc in order to commit the offence
      - A lot of adult sexual outlets
      - Many are married
      - Some are known to marry women w children for access
      - Availability and vulnerability of victims are the overarching elements
22
Q

4 TYPES OF PEDO OFFENDERS

A
  1. THE MYSOPED
  2. THE REGRESSED CHILD OFFENDER
  3. THE FIXATED OFFENDER
  4. THE NAIVE OFFENDER
23
Q
  1. THE MYSOPED
A

Intention is to hurt victims physically
- Most serious
- The expressed intention of hurting their victims physically
- Typically male
- Made the connection between sexual arousal, and violence, even fatal violence
- Usually victim is a stranger
- More likely to stalk his victims rather than groom them
- Most likely to abduct a child from a playground, school, mall, etc
- Sadism is a huge part of their violence
- Ultimate desire: the death of the child
- Low in social competence
- Less likely to be married
- More likely to use a weapon
- More likely to have an anti-social personality
- Also has a history of substance abuse

24
Q
  1. THE REGRESSED CHILD OFFENDER
A

Experiences the child as a pseudo-adult
- Typically married
- Launched into offending behavior because of something specific (job less ex)
- Develops feelings of inadequacy (connected to alc)
- Then child molestation happens
- Tend to prefer children they know

25
Q
  1. THE FIXATED OFFENDER
A

Offender is “fixated” at an early stage of psycho-social development
- Someone who has not fully developed past the point where they found children sexually attracted
- Stuck in that phase
- Starts in adolescence
- Persistent, continual and repulsive
- Tends not to have a lot of relations w ppl their own age
- Uncomfortable around adults
- Does not want to physically harm the child
- They love the child, and love children

26
Q
  1. THE NAIVE OFFENDER
A

Do not understand the societal rules prohibiting the involvement of adults with children
- Most don’t understand the true nature of what they’re doing is wrong
- Don’t understand the societal rules
- Most suffer from some kind of organic brain problem (like elderly)
- Does not try to have sexual intercourse w the child, less serious in a way

27
Q

AUDIENCE OF CHILD PORN

A
  1. pedos (most)
    1. The curious (only look one time)
    2. Other producers of child porn (want to see what’s out there)
28
Q

HT CHARACTERISTICS

A
  • If there is force, fraud or coercion: ITS TRAFFICKING
    • Human smuggling and trafficking is not the same thing
    • 3/4 under the age of 24
    • Most of the time it’s another young person buying sex
    • 3/4 accused are between 18-34
    • 90+% victims female
    • 83% accused are male
29
Q

3 WAYS OF LOOKING AT SA IN INSTITUTIONAL SETTINGS

A

1st way to look at it: individual level
- “what makes that individual person more likely to engage”

2nd way: macro approach
- “cultural approach to looking at why they offend”

3rd way: examine the role of the environment to shape the likelihood of offending
- What we are looking at today
- How does it make them offend
- Environment creates an opportunity for them to offend
- Alone together, unsupervised, community trust in the perpetrator, so time alone is not questioned

30
Q

WHERE CAN SA IN INSTIT HAPPEN MOST COMMONLY

A
  1. SCHOOLS
  2. BOY SCOUTS/ BIG BROTHERS
  3. ATHLETIC ORG
  4. RELIGIOUS ORG
  5. CANADIAN ARMED FORCES
31
Q

SEXUAL ABUSE WITHIN THE CANADIAN ARMED FORCES

A
  • This pop is younger than the general pop
    • Most victimization happens 15-34
    • Living quarters are isolated and integrated
    • Men greatly outnumber women
    • 1.7% of ALL armed forces were victims of sexual assault, shows that SA is more prev in armed forces than rest of pop
    • 27.3% of women in armed forces have lifetime prevalence of SA VS 3%
    • Women more likely to experience fear, anger, caution

RISK FACTORS:
* Younger than general population
* Living quarters isolated and integrated
* Men greatly outnumber and outrank women

PREVALENCE:
* 4.8% women
* 1.2% men

CONCLUSIONS:
* Deployment is a period of elevated risk for women
* Associated with increased risk of mental disorders among women

32
Q

SA LEGIS
1. 1983

A

rape, attempted rape, indecent assault replaced with sexual assault
- Rape involved non consensual sex on a women from a man, in which he was unmarried to
- Perpetrators always male, victims always male
- Male could not rape his wife
- Then was De-emphasized on the sexual nature of the offence, and that SA was a crime w violence, not sex
- Encouraged victims to confess

33
Q

SA LEGIS
2. 1987

A

R. v. Chase
- Police were given grounds to arrest a suspect if they had reasonable grounds that assault had been committed

34
Q

SA LEGIS
3. 1988

A

laws dealing exclusively with children
- Laws we talked about before specifically regarding children were admitted

35
Q

SA LEGIS
4. 1992

A

rape shield legislation:
- Provides a test to determine whether or not evidence about the offenders past sexual behavior can be admitted at trial
- Also provided a definition of consent

36
Q

SA LEGIS
5. 1997

A
  • Guided the amount of personal and medical records that defense lawyers could access
    • Ex: you went to go see a therapist
37
Q

SA IN CANADA (COMPONENETS)

A
  1. The body part touched
    1. The nature of the contact
    2. The situation in which it occurred
    3. The words or gestures accompanying the act
    4. All other circumstances surrounding the contact
38
Q

SA LEVEL 1

A

Minor or no injuries to the victim
* Maximum sentence 10 years
- Most are level 1
- Sometimes called common assault

39
Q

SA LEVEL 2

A

Sexual assault with a weapon, threats, or causing bodily harm
* Maximum sentence 14 years
- Involves greater degree of force

40
Q

SA LEVEL 3

A

Aggravated sexual assault
* Results in wounding, maiming, disfiguring, or endangering life of victim
* Maximum sentence is life
- The most serious/ uncommon

41
Q

4 TYPES OF RAPISTS

A
  1. POWER REASSURANCE RAPIST
  2. ANGER RETALIATION RAPIST
  3. POWER ASSERTIVE RAPIST
  4. SADISTIC RAPIST
42
Q
  1. POWER REASSURANCE RAPIST
A

Least violent and aggressive
- Also known as a compensatory rapist
- Least socially competent
- Extremely low self esteem
- Comes from a household where either mother or father was absent
- More likely to be single/ live with one of their parents
- Tends to be unathletic
- Quiet/passive
- Very few friends and no sex partner
- Main motivation is to elevate his own status
- Unlike the other 3: the main motivation is sexual for this type
- The sex act validates his importance
- Uses only enough force to have sex
- Tends to choose victims within own racial group

43
Q
  1. ANGER RETALIATION RAPIST
A

Wants to get even for injustices, real or imagined
- Goal: the desire to hurt the victim
- Wants to sexually assault to get even w all women for their injustices
- Socially competent
- Comes from a family characterized w abuse (physical), divorce
- Sees himself as athletic, masculine
- Seeks action oriented occupation (police officer)
- Likely to be married but has relationships on the side
- Friends of him report he has a quick and violent temper
- Most likely to engage in a SA after some precipitating event w a female (his wife for example)
- Made a connected between anger/ expression of that anger and sexual gratification
- Tends to seek victims from both racial group and age group (or slightly older)

44
Q
  1. POWER ASSERTIVE RAPIST
A

Attempt to express virility and personal dominance
- Sometimes called the exploitative rapist
- Has a sense of superiority (gender based)
- SA is the result of that gender entitlement
- Tends to be indifferent to the comfort/welfare of their victims
- Comes from household of abuse and single parent
- Likely to have an unhappy domestic life (series of unhappy marriages)
- Image conscious (flashy dresser)
- Traditionally masculine occupation
- Tends to choose victims in own age group
- Still engages in SA although has wife at home

45
Q
  1. SADISTIC RAPIST
A

The most dangerous
- Primarily the expression of his sexual fantasies
- Physical and psychological harm
- Most likely to have an anti-social personality
- Tends to be aggressive in everyday life
- Eroticized aggression/violence
- Likely to have suffered childhood abuse
- Histories of juvenile pathologies (voyeurism, excessive masturbation)
- Often married and considered a good family man
- Has a better than most education
- Compulsive personality
- Will stalk his victims, and then takes them to a location he can control, this location he can control is known as “comfort zone”
- Very ritualistic; each assault has to happen according to plan to give him the pleasure he wants
- Usually under the influence of alc

46
Q

SA ON CAMPUS: MALE PEER SUPPORT THEORY

A
  • “The attachment to peers and the resources the peers provide that encourage the abuse of women”
    • When some men seek the advice of their male peers, they are given both encouragement and advice on how to engage in sexual violence against women, particularly in undergrad students
    • Huge factor whether you engage: whether you have friends who encourage it
    • Social patriarchy: the air that we breathe (we can never get away from it) therefore it influences everything else
47
Q

SA AND DEFAMATION LAW

A

Defamation law: seeks to apply a uniform set of legal principles to regulate reputational harm (Ontario’s Libel and Slander Act)
- Based on the idea that our reputation are quasi- constitutional
- “you have freedom of expression unless it causes reputational harm”

Defenses:
- If you can prove it’s true, you can’t sue
- Fair comment (if you can show you are being fair)
- Responsible communication (it would be in the public good if the public knew about it)

Must establish three things:
* That the words in issue refer to the plaintiff;
* That they were published to a third party;
* That they are defamatory in the sense that they tend to lower the plaintiff’s reputation among reasonable persons in the community

SOC 325 (2 decks)

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