Sexual violence Flashcards
What is the Sexual Offences Act 2003?
- Consent: defined as “a person consents if he/she agrees by choice, and has freedom and capacity to make that choice” (S74)
- S75 Evidential presumptions about consent
- S76 Conclusive presumptions about consent
What is the Law in the UK for Rape?
- Intentional vaginal, anal, or oral penetration with a penis
- gender biased - in terms of ‘only men can rape’
- Not consensual
- Perpetrator does not reasonably believe that victim consented
- Sections 75 & 76 apply
- Maximum sentence = imprisonment for life
What is the Law in the UK for Assault by penetration?
- Intentional vaginal or anal penetration with a part of his body or anything else
- oral penetration is not included
- Penetration is sexual, not consensual and the perpetrator does not reasonably believe that victim consents
- S75& S76
- Life imprisonment
What is the Law in the UK for Sexual Assault?
- A intentionally touches B, the touching is sexual but not consensual and perpetrator does not reasonably believe that victim consents
- issue - how do you demonstrate that the assault is sexual?
- S75& S76
- Summary conviction (without jury trial) < 6 months; Conviction on indictment < 10 years
- difference compared to assault and rape
What is the Law in the UK for Causing Sexual Activity?
- A intentionally causes B to engage in a sexual activity, B does not consent, A does not reasonably believe B consents
- a complex act
- S75& S76
- Same imprisonment terms as SA
- ss4 (activity includes penetration) = life imprisonment.
- a woman would be charged less, despite committing the same act
How many women and men experienced sexual violence in their lifetime?
- 1/3 women
- 1/4 girls
- 1/4 men
- 1/6 boys
What is the lifetime prevalence in England and Wales?
- Lifetime prevalence (since the age of 16) ~14%
- Women (22.8%) and Men (4.4%)
- less than the global prevalence
- perhaps victims are reporting the acts less
- Rape & AbP (with attempts) = 1.6m
- When including Sexual Assault = 8.6m
- Women (22.8%) and Men (4.4%)
- Partners (45%), Acquaintances, family members, friends, dates (37%)
- 82% victims know of their perpetrator
- Often in victims’ homes (37%)
Who are the victims?
- Men more likely to experience CSA
- Women report victimisation across different age groups
- Black and Mixed ethnic groups significantly more likely within the last year
- Single Male victims
- Unemployed adults
- Women with a disability
Describe the theory of sexual offending.
It has three levels of theories, varying in complexity, nested, and related.
What is the Level III - descriptive offence process models?
It has been described as a self-regulation process model. It is a descriptive model that describes how an offender develops a desire to offend and then goes to committing it.
- Acquisitional (approach) goals
- the offender engages in healthy ways to avoid the desire to offend
- e.g. pornography
- Inhibitory (avoidant) goals
- when the offender does not have the desire to offend but cannot cope with the desires, ∴ commits
- adult offenders fall in the approach goal and child offenders fall in the avoidant goal
- it’s not socially acceptable to have sex with a child, ∴ evidence shows that child offenders fall into the avoidant
Part A: What are the Level II - single-factor models?
It has been described as the Power/Powerlessness Theory. Based on a Feminist approach, they argue men’s powerlessness motivates Sexual Harmful Behaviours, to recapture a sense of masculinity/power and to exercise the power over someone.
- Sexual offending is facilitated by society – masculinity norms assist sexual offending
- A middle-class man would commit to maintain his status
- But a working-class man would commit to gain hegemonic masculinity
- All Perpetrators come from all SES – Powerful men maintain dominance
Part B: What are the Level II - single-factor models (Conditioning Theory)?
- Sexual offending is the outcome of Deviant Sexual Preferences (DSP)
- offenders are exposed to childhood porn and/or violent behaviour at home
- DSPs are developed through the same cognitive-behavioural processes through which normative practices are developed(the same mechanisms through traditional conditioning)
- Modelling
- Vicarious learning
- Symbolic modelling
- Reinforcement
But many offenders do not act on their deviant sexual preferences.
What is the Level I - multivariate models?
- Finkelhor’s Precondition Model (1984) & Ward & Siegert’s Pathway Model (2002) focus primarily on childhood sexual abuse
- theories are very comprehensive and complex
What are the psychological effects on victims?
The effects are profound and long-standing, with sexual abuse being associated with an increased risk of a lifetime diagnosis of multiple psychiatric disorders:
- Anxiety Disorder
- Depression
- Eating Disorders
- PTSD
- Sleep Disorders
- Suicide Attempts
- Negative self-evaluative emotions are common
- e.g. shame, guilt, self-blame
- Reactions to disclosure often predict the severity of post-assault symptomatology:
- how people react to victims disclose their assault
- Positive reactions → victims more in control over their recovery → less PTSD symptoms & more adaptive social and individual coping
- Negative reactions → greater PTSD, maladaptive coping, lower perceived control over recovery
How many people report their sexual assault?
- 1/5 men
- 1/6 women
