GENDER AND CRIME
Why does it matter
Crime is generally a male activity.
In 2006, 1.42 million offenders were sentenced for criminal offences in England and Wales.
80 per cent of the offenders were male.
In 2006 male offenders in England and Wales outnumbered female offenders by more than four to one.
Women generally commit less serious crime than men
Offenders as a percentage of the population by gender and age - EnglandWales, 2006
England and Wales 2008 Offenders found guilty or cautioned for indictable offences by gender and type of offence - EnglandWales, 2008
Crime and violence
The risk of being a victim of violent crime in the 2007/08 British Crime Survey (BCS) was 3.2 per cent.
Men are generally more likely to be both perpetrators of, and victims of, violent crime.
Men (4.1%) are almost twice as likely as women (2.3%) to have experienced some sort of violence in the previous year (BCS 07/08).
87 per cent of violent incidents involved male offenders (BCS 07/08).
The type of violent incident experienced by victims of violent crime also varies by sex.
In 2007/08, the number of domestic violence incidents experienced by women was five times greater than for men; 85% of victims of DV were women compared with 15% of men.
Men are more likely than women to be a victim of violence from strangers (78 per cent of victims were men) and violence from acquaintances (58 per cent were men).
Several reports appeared in the popular press in the late 1990s concluding that women are just as violent as men (e.g., Archer, 2000; Young, 1999; Zuger, 1998).
These reports rely on self-reported physical aggression based on data from the Conflict Tactics Scale (CTS) and have caused much controversy.
Findings from these type of studies are decontextualised and involve dishonest reporting of victimisation by men who are often the violent perpetrators trying to protect themselves from criminal charges.
Look at individual circumstances- there are some men who suffer from domestic violence but a very small proportion
Women’s Violence in the Context of Their Victimization
Swan & Snow (2006) ‘The Development of a Theory of Women’s Use of Violence in Intimate Relationships’ – important article examining women’s use of violence in situational, social and cultural contexts.
Evidence strongly suggests that women are almost always violent in the context of violence against them (or their children) by their male partners.
In a study of 108 women who had recently used violence against an intimate male partner, Swan and Snow (2002) found that only 6 of the 108 participants experienced no physical victimization or injury from their male partners.On average about 36 indicidents of domestic violence before something is done about it.
Gender, Crime and Victimisation
Domestic violence (DV) accounts for approximately 25% of all violent crime.
It is the only category of violence where the risks for women are much higher than for men.
45% women and 26% men had experienced at least one incident of inter-personal violence in their lifetimes. (Walby and Allen, 2004).
Women are much more likely than men to be the victim of multiple incidents of abuse, and of sexual violence. When there are 4 or more incidents (i.e. ongoing domestic or sexual abuse) 89% of victims are women.
In any one year, there are 13 million separate incidents of physical violence or threats of violence against women from partners or former partners. (Walby and Allen, 2004)Also, son’s against mothers
On average 2 women a week are killed by a male partner or former partner: this constitutes around one-third of all female homicide victims (Department of Health, 2005.)
Women are more likely than men to have experienced all types of intimate violence (partner abuse, family abuse, sexual assault and stalking) since the ages of 16. Almost half the woman who had experienced intimate violence of any kind were likely to have been victims of more than one kind of intimate abuse (Coleman et al., 2007).
54% of UK rapes are committed by a woman’s current or former partner. (Walby and Allen, 2004).
Victims of domestic violence suffer on many levels - health, housing, education - and lose the freedom to live their lives in the way they wish, and without fear.
Domestic Violence has more repeat victims than any other crime (on average there will be 35 assaults before a victim calls the police).
Although domestic violence is chronically under-reported, research shows that it claims 150 lives each year, the vast majority being women (two per week, at least) and costs in excess of £5 billion a year.
Domestic violence provides a context in which to examine gender differences in murder.
Men constitute the majority of both perpetrators and victims of murder (about 65%). But of those women murdered, 79% knew the perpetrator and 47% were murdered by their current or former partners compared with 8% men.
Women who kill tend to be women who have endured a violent relationship with male partner.
Women’s Aid (2012).
Cost of domestic violence
The total cost of domestic violence for the state, employers and victims is estimated at around £23 billion:
Criminal Justice System (CJS): around £5 billion a year.
Health Care: The cost to the NHS for physical injuries is around £1.2 billion a year. The cost of mental health care is estimated at an additional £176 million.
Social Services: The cost is nearly £.25 billion. This is overwhelmingly for children rather than for adults.
Housing: Expenditure amounts to £.16 billion a year.
Civil Legal: Civil legal services cost over £.3 billion, about half of which is borne by legal aid and half by the individual.
Economic Output: Lost economic output accounts for around £2.7 billion a year.
An additional element is the human and emotional cost. Domestic violence leads to pain and suffering that is not counted in the cost of services. This amounts to over £17 billion a year. Sylvia Walby (September 2004)
Violent crime action plan (2008)
In 2008 the Home Office published their first Violent Crime Action Plan, which is designed to enable local authorities to meet central Government priorities on serious violent crime over the next three years.
First action plan to focus on serious violent crime and to include domestic violence and sexual assault.
Updated action plan: “Call to End Violence Against Women and Girls: Action Plan”, (HM Government, March 2012).
Ending violence against women and girls in the UK
The Stern Review (2010). An independent review into how rape complaints are handled by public authorities in England and Wales.
All leading to the most recent government policy update
Ending violence against women and girls in the UK (Sept 2013)
women-and-girls-in-the-uk#actions
In 2012, Reported
1.2 million women suffered domestic abuse,
over 400,000 women were sexually assaulted
70,000 women were raped and thousands more were stalked. Nov 2011- only then stalking became a recognized crime
These crimes are often hidden away behind closed doors, with the victim suffering in silence.
Fewer than 1 in 4 people who suffer abuse at the hands of their partner - and only around 1 in 10 women who experience serious sexual assault - report it to the police.
“We are determined to support victims in reporting these crimes, and to make sure perpetrators are brought to justice. We all need to do more to prevent violence against women and girls happening at all.”Gov.
New Definition of Domestic violence and abuse
-Home office, Nov 2012broadened to include adolescent girls – “Any incident or pattern of incidents of controlling, coercive or threatening beh, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.
This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional.
-This definition, which is not a legal definition, includes so called “honour” based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.
->Controlling behaviour is a range of acts designed to make a person subordinate and or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gaim, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
->Coercive beh is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim.
Actions
Policy approach to ending violence against women and girls involves a number of actions, including:
allocating and protecting nearly £40 million of funding until 2015 for specialist local support services and national helplines
ensuring victims of sexual violence have access to specialist support, by part-funding 87 independent sexual violence advisers and pledging £1.2 million for 3 years from 2012 to improve services for young people suffering sexual violence in major urban areas
introducing new legislation to make forced marriage a criminal offence in England and Wales
piloting a domestic violence disclosure scheme where individuals have a right to ask about any violence in a partner’s past, funding independent domestic violence advisers and providing guidance for practitioners on conducting domestic homicide reviews
widening the definition of domestic violence and abuse to include coercive control and to cover 16 and 17 year olds
running the teenage relation abuse and teenage rape prevention campaigns to prevent teenagers from becoming victims and perpetrators of sexual violence and abuse and directing them to places for help and advice
publishing a pocket sized statement opposing female genital mutilation for girls and women to carry when abroad, explaining the law and potential criminal penalties
providing protection for victims of stalking by introducing two new specific criminal offences, along with additional related police search powers and training for police and prosecutors.
signing the Council of Europe’s convention on preventing and combating violence against women and domestic violence - the Istanbul Convention - on 8 June 2012
piloting and evaluating Domestic Violence Protection Orders, which can stop a perpetrator re-entering the home and give victims space to get support (28 days)
ensuring lessons are learnt from historical child abuse and other child sexual exploitation cases and improving the police, and wider agencies and systems’ response to dealing with sexual violence against vulnerable people
the Sexual Violence against Children and Vulnerable People (SVACV) National Group was formed in April 2013
Domestic homicide review guidance
When a person has been killed as a result of domestic violence, a domestic homicide review should be carried out to find out what happened and to identify what needs to change to reduce the risk of such tragedies happening in the future.
To support those establishing or contributing to domestic homicide reviews the government have updated their multi-agency statutory guidance for the conduct of domestic homicide reviews.
Policy now focuses on prevention and early intervention
The new Action Plan identifies a number of ways in which the Government can support a preventative approach, stopping violence at its source by supporting a greater focus on:
managing perpetrators of domestic violence;
intervening earlier to protect victims;
identifying wider opportunities to challenge and change the attitudes and behaviours that foster and underpin violence against women and girls.
Some success
April 2013 - The Crown Prosecution Service statistics show that the conviction rate for rape prosecutions has risen to the highest on record, from 58% in 2007/08 to 63% (2,333) in 2012/13.
CPS recorded data on rape prosecutions includes all cases initially charged and flagged as rape.
The conviction rate for domestic violence also increased by 1% in 2012 and now stands at 74% (52,549), compared to 60% in 2005/06.
Statistics can be misleading
1.2 million women suffered domestic abuse, (52,549 convictions), 4.3%
70,000 women were raped (2,333 convictions) and thousands more were stalked. 3.3 % also ignoring the number which has been reported .
over 400,000 women were sexually assaulted (54,310 sex offences recorded by police and just 5,620 convictions).1.2%
Although the conviction rates went out, if you put it in
Context
Approximately four in five rapes are not reported to the police.
Less than one in six of reported rapes lead to a conviction.
It takes, on average, almost a year following a rape attack before charges are brought.
It takes approximately two years for a conviction if an offender pleads not guilty.
Ending violence
See the Home Office web-site for the latest statistics and strategic vision for ending violence against women and children:
Domestic violence
Murder
Genital mutilation
Rape
Forced marriage
Stalking – new law November 2012
Women in prison
“In March 2007, the Corston review of vulnerable women in the criminal justice system, commissioned following the deaths of six women at Styal prison, stated:
“Community solutions for non-violent women offenders should be the norm”.
The report concluded that
“There must be a strong consistent message right from the top of government, with full reasons given, in support of its stated policy that prison is not the right place for women offenders who pose no risk to the public.”
January 2011 – Second report on women with particular vulnerabilities in the criminal justice system.
“All Party Parliamentary Group on Women in the Penal System” - Chaired by Baroness Corston
Many of Baroness Corston's original recommendations have been implemented but there are a number of outstanding concerns.
The first Corston report's most significant recommendation to shut down women's prisons and replace them with a limited number of small, multi-functional custodial centres, is yet to be resolved.
There are still too many women in prison for non-violent offences, and too many women being remanded into custody.
Women are a minority of the prison population (4.8%).
Between 2000 and 2010 the women’s prison population increased by 26%, largely because women are being treated more harshly by the courts. In November 2012, the women’s prison population stood at 4,141, that is 63 fewer than a year ago.
The offence of theft and handling accounted for 37% of all women entering prison under sentence in the 12 months ending June 2012 - the most common offence.
Most women entering prison serve very short sentences. In the year ending June 2012, 58% of women entering prison under sentence were to serve six months or less.
Prison is an ineffective method of cutting women’s offending, 51% of women leaving prison are reconvicted within one year – for those serving sentences of less than 12 months this increases to 62%.
Prison causes damage and disruption to the lives of vulnerable women. 70% of women prisoners have mental health problems, and 37% have attempted suicide.
Women were about twice as likely as men to report having received help for mental or emotional problems in the year before coming to prison: 40% of both remand and sentenced women reported having done so compared with 21% of male remand and 18% of male sentenced respondents.
31% of women have spent time in local authority care.
53% of women report having experienced emotional, physical or sexual abuse as a child, compared to 27% of men.
Approximately half the women in prison report having suffered domestic violence and one in three had experienced sexual abuse.
See the Prison Reform Trust for more information:
Historically, the prison system has been designed by men to control and rehabilitate men – is it fit for purpose when applied to women?
The average distance adult women in prison are held from their home or committal court address is 55 miles. In 2009, 753 women were held over 100 miles away.
Approximately two-thirds of women in prison have dependent children It is estimated that more than 17,240 children were separated from their mother in 2010 by imprisonment.
Female prisoners are a disproportionately disadvantaged population
High levels of poverty
Low levels of educational attainment and employment history
40% not worked outside the home in the five years prior to entering prison
25% of female prisoners have been in care as a child (2% for general population)
50% had experienced domestic violence
Poor physical and mental health
Fawcett (2008) recommends:
Community Sentences for non-violent women offenders. Polling carried out on behalf of Fawcett’s Commission by MORI showed that a majority of the public favour more use of community sentences to deal with the growth in the number of women in prison.
Gender and crime
Biology - male biology leads to a heightened sense of competition and a heightened sense of aggression
Evolution - various theories relating contemporary male crime with the male evolution from the hunter-gatherer role
Socialisation - the ways in which we socialise men leads to male crime; the ways we socialise women leads to passivity, control
From the 1970’s, feminist writers formulated theories about females and crime (offenders and victims).
Issues - socialisation, economic relations, patriarchy, sexism within the criminal justice system etc.
Some have argued that the increase in literature about women and crime has created separation rather than integration.
From the 1980’s onwards social scientists began to focus directly upon the social construction of masculinity and how it is related to crime.
The vast majority of criminological related literature and research has focused upon men.
The vast majority of the judiciary, barristers and solicitors are male.
Female crime, for much of the twentieth century, remained ‘hidden’ and females ‘invisible’.
- The type of offences generally committed by women are different from those generally committed by men. Why?
- In what ways can psychological research and theory contribute to our understanding of gender and crime?
- What (if any) implications does gender have for the implementation and reform of the criminal justice system in this country?
General point – Throughout your reading for the whole seminar series be alert to where gender has been considered, where it has been overlooked and where this has been misleading