Sexual Violence Flashcards
When and what was the Sexual Offences Act?
2003 - sets out ALL the illegal sexual acts, that encompass moral, technological and legal factors and changed almost all of the Sexual Offences Act 1956
Homosexuality was legalised in…
- age of consent was 21, reduced to 18 in 1994 and then to 16 in 2000
Criminalisation of rape within marriage…
1994- Previously deemed to consent by virtue of being married and cannot retract that consent
Male rape has only been part of criminal law since…
1994
The first Sexual Offences Act was in…
1956
The Sexual Offences Act of 1956 defined rape as…
‘unlawful sexual intercourse with a woman’
The Amended Sexual Offences Act of 1976 defines rape as…
‘unlawful sexual intercourse with a woman WITHOUT HER CONSENT
Introduces anonymity for rape complainants
The Criminal Justice and Public Order Act 1994:
Rape within marriage becomes illegal and covers men too
Amends definition of rape to cover vaginal or anal intercourse against a man or a woman, thus acknowledging that men can also be raped
Youth Justice and Criminal Evidence Act 1999
restricts the discretion of trial judges to introduce evidence of a complainant’s sexual history or to allow questioning concerning it.
Sexual Offences Act 2003 created new offences…
women can commit them against men now too
illegalise voyeurism, grooming, sexual penetration of a corpse, intercourse with an animal, causing or inciting sexual offences, trafficking, rape, assault by penetration, sexual assault, sexual activity in a public lavatory, sex with an adult relative
The New 2003 Act abolished discrimination! It meant that…
Both men and women commit sexual offences and both men and women can be the victims of sexual offences but majority carried out by men against women and children.
2003 Act defined rape as…
: an offence for a person (A) intentionally to penetrate with his penis the vagina, anus or mouth of another person (B) without that person’s consent.
Assault by Penetration
where a person (A) intentionally penetrates the vagina or anus of another person (B). 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 that person’s consent.
Causing a person to engage in sexual activity without consent
an offence for a person (A) intentionally to cause another person (B) to engage in sexual activity without that person’s consent (for example, a woman who compels a man to penetrate her or where one person forces someone else to masturbate himself)
SOA 2003: means consent now has a legal definition…
conesent means if they agrees by choice, and have the freedom and capacity to make that choice
consent is being judged as not present
the use of force or fear of force (including threats to third parties),
the victim was unconscious (including sleep),
there is impersonation of another (e.g. a complainant’s 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., age, disability, illness)
the complainant was so drunk or drugged they could not consent
Under the age of 13?
No child under the age of 13 can give any valid sexual consent whatsoever.
The emphasis on consent means…
removes any underlying presumption that victims are likely to be lying or were somehow negligent in letting the rape happen.
It is an offence if the perp reasonably believed the child was over 16…
but only if the child was actually 13 or over, under 13 and they can’t consent at all
Rape trials often hang on…
if they can prove there was no consent
Consent and drunk sex…
If she’s drunk too much and passed out, it isn’t consent
If she’s voluntarily drunk loads and consented, then its not rape
If drink has been forced on her or drunk too much that inhibits her ability to give consent e.g. unable to talk or date rape drugs administered then it is not consensual
The dark figure of crime is particularly high with cases of sexual violence…
BCS and Police reports have very different figures, Kershaw et al (2008) say crime is twice the amount reported to the police
difference between BCS and Police figures of crime…
Kershaw et al (2008) 2007 -2008 twice as many crimes estimated by the BCS (10.1M) than were reported to the police (5M)
Hoare and Jansson (2007) only 11% of victims of serious sexual assault reported it. reasons were…
humiliation and thinking the police wouldn’t be able to help or because it was a family matter
Kelly et al (2005) – some reports of sexual violence may be ‘lost’ by Police
On investigation no offence took place
No supportive evidence
Victim withdrew complaint
MOJ 2013: Most commonly recorded sexual offence was sexual assault (including attempts)
41% of all sexual offences recorded by the police
MOJ 2013: Rape, including attempts:
30% of all sexual offences recorded by the police
Sexual crimes accounting for how much of all police recorded crime
only around 1% but estimates of non-reported offences are double that of official figures
What percentage of the most serious offences are committed by your partner…
58%
What percentage of the most serious offences are committed by a family member…
8%
What percentage of the most serious offences are committed by a stranger?
10%
What percentage of the most serious offences are committed by a known person thats not family/partner
30%
Robinson and Hudson 2011 on crime and location
53% occurs in domestic/home
24% occurs in public places
Public perception of the offender is swayed by the media///
More concerned with online sexual grooming, rather than family cases and baddies often viewed as strangers, as opposed to acquaintances/family members of victims
The Media overrepresent…
cases involving grooming over the internet and in public places
cases that are particularly disturbing/graphic/rare/newsworthy eg. cannibalism
Language and branding of sexual offences done in the media (Brayford and Deering 2012)
creates caricature bad guys
Highly emotive crime: Sexual offenders portrayed as somewhat different to the rest of society.
female sex offenders and ostracised more…
esp. if they abuse positions of trust e.g. nursery workers
View that maternal instinct should overcome sexual desires
what percentage of rape cases involves males?
8% (Stern, 2011)
MYTH: Male rape is a gay crime
FALSE - most cases against men and committed by heterosexual males
MYTH: A man who is sexually assaulted must be gay.
rape is about dominance and control and consent, not sexual orientation
sexual violence affects…
affects all types of people, can be found in every type of household, and is prevalent in every community
ONS 2014 violent crimes stats…
fell by 23% last year (2013) so it is now the lowest level since the survey began in 1981
when was capital punishment abolished?
1965
What is a paedophile?
A paedophile is someone who has a primary or exclusive sexual interest in prepubescent children
Paedophilia is a sexual orientation and unlikely to change.
Not all paedophiles are child molesters, and vice versa.
The German Dunkenfeld Project
aims to treate paedophiles, no one should be condemned for sexual preferences, but only if they act on them…
Social Cognition Disorders - reasons for committing crimes
‘Cognitive Distortions’ (CDs)
Self statements that distort reality in such a way that an individual’s behaviour may appear acceptable or excusable to himself and many offenders believe to the outside world (Hudson 2005)
Identity Management – reasons for committing crimes
Murana and Mann (2006) “‘But it wasn’t my fault!’”
individuals must justify and excuse their behaviours more than others:
cognitive schemas give them the excuses they need to carry on offending (Polaschek & Ward, 2002)
dysfunctional attitudes and beliefs
Attitudes and beliefs supportive of sexual offending AND/OR Post-offence justifications rationalising the behaviour
Implicit Schemas - Ward (2000)
Implicittheoriesaresimilartoscientific theories that are implicitly held by an individual and allow them to take cognitive short cuts when evaluating individuals or situations - give them excuses for their behaviour
Schema theories (Polaschek and Ward 2002)
Previous experience guides interpretations of social cues when in similar situations
May develop during childhood and carried out as the male becomes sexually active
Social Learning Theory (Bandura et al 1977)
the formation of one’s identity to be a learned response to social stimuli i.e aggression learnt through watching parents, or sexual violence learnt through porn
Feminist Theory
sexual violence is a result of a ‘learned masculinity’.
Rape Myths…
Imply only certain types of women get raped i.e. drunk, young, pretty girls
Blame the victim for their rape. ie. short skirts & heels
Exonerate perpetrators.
Express disbelief in claims of rape (Bohner et al, 2009).
Ideas of ‘ideal’ victims and perpetrators
young, vulnerable, weak girls and dodgy men down dark alleys - reality is that you’re more likely to get raped by someone you know - acquaintance or family member
Harris and Grace (1999) ‘real rape’
the idea that rape by unknows is more valid than rape by a known (intimate)
Cases where there was no evidence of any violence or threat of violence were more likely to be ‘no crimed’ by the police, or result in no further action being taken (1999:13).
Implications of real rape…
Victims won’t come forward or may not acknowledge themselves as having been ‘raped.’
so they don’t receive the support/help they need
Society has a tendency to view rape victims as…
‘damaged goods’ or with a ‘degraded status’ which is highly stigmatised
Bowlby 1973 Attachment Theory:
A child has an innate need to form a connection with/be attached to one primary caregiver
If this connection is not made, serious implications for childs development ie. neglected kid could lead to sociopath/rapist/attacker
Poor early attachment experiences
Sexual abuse, physical and emotional violence, neglect etc. (White and Smith 2004) cause…
Insecure attachments:
Inadequate template for future relationships
Lack of interpersonal skills
Poor self esteem (Mann and Beech 2003)
= Increase risk of offending
= Difficulties in forming relationships
= lack of responsibility/ self regulation
Lack of empathy for victims…
as they diminish the harm caused and justify their actions to themselves
5 components involved in empathy
Barnett and Mann (2013)
Perspective taking The ability to experience emotion, A belief that others are worthy of compassion and respect, Situational factors An ability to manage personal distress.
Deviant sexual fantasies
Individual becomes motivated to enact the imagery they have mentally simulated within their fantasies (Maniglio 2010)
act as disinhibitors - desensitise an individual to sensitive behaviour ie. watching aggressive porn
Theories of sexual offending tell us that deviant sexual fantasy plays a causal role in sexual offending
But research tells us that some men have sexual fantasies of children and coercion, and don’t commit sexual offences
Individuals more likely to engage in coercive sexual behaviours - including sexual assault when drunk.
What legally constitutes consent has evolved through case law and is judged not to be present when… “the complainant was so drunk or drugged they could not consent” (SOA 2003)
Attitudes surround alcohol and rape are still firmly victim blaming and denying of perpetrators culpability.
Feminist Theories say…
Rape is a form of patriarchal control used to subjugate and oppress women
Rape is a consequence of how men are socialised maintained by societal values and attitudes
Integrated Theory of Sexual Offending (ITSO),
Ward and Beech 2006).
sexual abuse occurs as a consequence of a number of interacting causal variables
