Women, Gender, and Crime

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For Jeff, Taylor, and Keegan

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Women, Gender, and Crime Core Concepts

Stacy L. Mallicoat California State University, Fullerton

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FOR INFORMATION:

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Brief Contents

1. Preface 2. Acknowledgments 3. Chapter 1. Women, Gender, and Crime: Introduction 4. Chapter 2. Theories of Victimization 5. Chapter 3. Women, Gender, and Victimization: Rape and Sexual Assault 6. Chapter 4. Women, Gender, and Victimization: Intimate Partner Abuse and Stalking 7. Chapter 5. International Issues in Gender-Based Violence 8. Chapter 6. Women, Gender, and Offending 9. Chapter 7. Girls, Gender, and Juvenile Delinquency

10. Chapter 8. Female Offenders and Their Crimes 11. Chapter 9. Processing and Sentencing of Female Offenders 12. Chapter 10. The Supervision of Women: Community Corrections, Rehabilitation, and Reentry 13. Chapter 11. Women, Gender, and Incarceration 14. Chapter 12. Women Professionals and the Criminal Justice System: Police, Corrections, and Offender

Services 15. Chapter 13. Women Professionals and the Criminal Justice System: Courts and Victim Services 16. Glossary 17. References 18. Index 19. About the Author

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Detailed Contents

Preface Acknowledgments Chapter 1. Women, Gender, and Crime: Introduction

The Influence of Feminism on Studies of Women, Gender, and Crime Spotlight on Women and the Academy Women, Gender, and Crime

Women as Victims of Violence Women Who Offend The Intersection of Victimization and Offending Women and Work in the Criminal Justice System

Data Sources on Women as Victims and Offenders The Contributions of Feminist Methodology to Research on Women, Gender, and Crime Conclusion Summary Key Terms Discussion Questions Web Resources

Chapter 2. Theories of Victimization Victims and the Criminal Justice System Spotlight on Victim Rights in Mexico

Victim Blaming Fear of Victimization Theories on Victimization Spotlight on Gender and Kidnapping

Routine Activities Theory Feminist Pathways Perspective

Summary Key Terms Discussion Questions Web Resources

Chapter 3. Women, Gender, and Victimization: Rape and Sexual Assault Historical Perspectives on Rape and Sexual Assault Defining Sexual Victimization Prevalence of Rape and Sexual Assault Rape Myths Acquaintance Versus Stranger Assault Spotlight on Rape Culture

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Drug-Facilitated Sexual Assault Spotlight on the Invisible War: Rape in the Military Spousal Rape Campus Sexual Assault Spotlight on Statutory Rape LGBQT Sexual Violence Racial Differences in Sexual Assault The Role of Victims in Sexual Assault Cases Conclusion Summary Key Terms Discussion Questions Web Resources

Chapter 4. Women, Gender, and Victimization: Intimate Partner Abuse and Stalking Defining and Identifying Intimate Partner Abuse Spotlight on IPA and the NFL The Cycle of Violence Victims of Intimate Partner Abuse

Dating Violence Children of Intimate Partner Abuse LGBTQ and Intimate Partner Abuse Effects of Race and Ethnicity on Intimate Partner Abuse Unique Issues for Immigrant Victims of Intimate Partner Abuse

Spotlight on Intimate Partner Abuse in India Barriers to Leaving an Abusive Relationship Victim Experiences With Police and Corrections

Programming Concerns for Victims of Intimate Partner Abuse Stalking and Intimate Partner Violence Spotlight on Stalking and College Campuses Victims and Offenders of Stalking Cyberstalking Laws on Stalking Conclusion Summary Key Terms Discussion Questions Web Resources

Chapter 5. International Issues in Gender-Based Violence Human Trafficking

Labor Trafficking

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Responses to Human Trafficking Promising Solutions to End Human Trafficking

Spotlight on Witch Burnings in Papua New Guinea Rape as a War Crime Female Genital Mutilation Honor-Based Violence Spotlight on Malala Yousafzai Conclusion Summary Key Terms Discussion Questions Web Resources

Chapter 6. Women, Gender, and Offending Theoretical Perspectives on Female Criminality

Historical Theories on Female Criminality Spotlight on the Manson Women

Traditional Theories of Crime and Gender Modern Theories of Female Offending Behaviors

Spotlight on Men and Masculinity Feminist Criminology

Summary Key Terms Discussion Questions Web Resources

Chapter 7. Girls, Gender, and Juvenile Delinquency The Rise of the Juvenile Court and the Sexual Double Standard The Nature and Extent of Female Delinquency Spotlight on the Sexual Abuse of Girls in Confinement The “Violent” Girl Technical Violations: The New Status Offense Risk Factors for Female Delinquency

Family Abuse Peers School Substance Abuse Mental Health

Meeting the Unique Needs of Delinquent Girls Spotlight on Arts Programming and At-Risk Youth Spotlight on Girls’ Voices

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Summary Key Terms Discussion Questions Web Resources

Chapter 8. Female Offenders and Their Crimes Women and Drugs Property Crime Spotlight on Women and Bank Robbery Prostitution

The Legalization Debate Women and Violence

Girls and Gangs Gender and Violent Crime

Spotlight on Women and Self-Defense Spotlight on the Case of Michelle Carter Mothers Who Kill Their Children Summary Key Terms Discussion Questions Web Resources

Chapter 9. Processing and Sentencing of Female Offenders Stage of the Criminal Justice System Race Effects and the Processing of Female Offenders The War on Drugs and Its Effects for Women The Effects of Extralegal Factors on Sentencing Women The Effects of Sentencing Guidelines on Judicial Decision Making International Perspectives on the Processing of Female Offenders Conclusion Summary Key Terms Discussion Questions

Chapter 10. The Supervision of Women: Community Corrections, Rehabilitation, and Reentry Gender-Responsive Programming for Women The Supervision of Women in the Community Women on Parole Reentry Issues for Incarcerated Women Spotlight on Life After Parole Recidivism and Female Offenders

Building Resiliency for Women Summary

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Key Terms Discussion Questions Web Resources

Chapter 11. Women, Gender, and Incarceration Historical Context of Female Prisons Contemporary Issues for Incarcerated Women Spotlight on California Prison Realignment and Its Effect on Female Inmates Physical and Mental Health Needs of Incarcerated Women Spotlight on the Financial Challenges Behind Bars Children of Incarcerated Mothers: The Unintended Victims Spotlight on the Girl Scouts Beyond Bars Program Summary Key Terms Discussion Questions Web Resources

Chapter 12. Women Professionals and the Criminal Justice System: Police, Corrections, and Offender Services

Women in Policing Spotlight on Pregnancy and Policing Women in Corrections Community Corrections: Female Probation and Parole Officers Conclusion Summary Key Terms Discussion Questions Web Resources

Chapter 13. Women Professionals and the Criminal Justice System: Courts and Victim Services Women and the Law Spotlight on Women in Politics Women and the Judiciary Spotlight on Women and the Supreme Court Women and Work in Victim Services

Advocates for Intimate Partner Abuse Spotlight on Self-Care for Victim Advocates

Rape-Crisis Workers Conclusion Summary Key Terms Discussion Questions Web Resources

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Glossary References Index About the Author

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Preface

The purpose of this book is to introduce readers to the issues that face women as they navigate the criminal justice system. Regardless of the participation, women have unique experiences that have significant effects on their perspectives of the criminal justice system. To effectively understand the criminal justice system, the voices of women must be heard. This book seeks to inform readers on the realities of women’s lives as they interact with the criminal justice system. These topics are presented in this book through summary essays highlighting the key terms and research findings and incorporating cutting-edge research from scholars whose works have been published in top journals in criminal justice, criminology, and related fields.

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Organization and Contents of the Book

This book is divided into thirteen chapters, with each chapter dealing with a different subject related to women, gender, and crime. Each chapter begins with an introduction to the issues raised within each topic and summarizes some of the basic themes related to the subject area. Each chapter also includes case studies on critical issues or current events related to the topic. Each introductory essay concludes with a discussion of the policy implications related to each topic. These thirteen chapters include

Women, Gender, and Crime: Introduction Theories of Victimization Women, Gender, and Victimization: Rape and Sexual Assault Women, Gender, and Victimization: Intimate Partner Abuse and Stalking International Issues in Gender-Based Violence Women, Gender, and Offending Girls, Gender, and Juvenile Delinquency Female Offenders and Their Crimes Processing and Sentencing of Female Offenders The Supervision of Women: Community Corrections, Rehabilitation, and Reentry Women, Gender and Incarceration Women Professionals and the Criminal Justice System: Police, Corrections, and Offender Services Women Professionals and the Criminal Justice System: Courts and Victim Services

The first chapter provides an introduction and foundation for the book. In setting the context for the book, this chapter begins with a review of the influence of feminism on the study of crime. The chapter looks at the different types of data sources that are used to assess female offending and victimization. The chapter concludes with a discussion on feminist methodology and how it can contribute to the discussions of Women, gender, and crime. The Spotlight in this chapter highlights the role of gender within the study of criminology.

The second chapter begins with a review of the victim experience in the criminal justice system. This chapter highlights the experience of help seeking by victims and the practice of victim blaming. The chapter then turns to a discussion of victimization and focuses on how fear about victimization is a gendered experience. The chapter then turns to the discussion of victimization and how theories seek to understand the victim experience and place it within the larger context of the criminal justice system and society in general. The Spotlights in this chapter look at the issue of victim rights in Mexico and the femicides of women along the border cities, and cases of kidnapping involving women and girls.

The third chapter focuses on the victimization of women by crimes of rape and sexual assault. From historical issues to contemporary standards in the definition of sexual victimization, this chapter highlights the various forms of sexual assault and the role of the criminal justice system in the reporting and prosecution of these crimes, and the role of victims in the criminal justice system. This chapter also looks at critical issues such as campus sexual assault, sexual violence in the LGBTQ communities, and racial and ethnic issues in sexual

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assault. The Spotlights in this chapter look at issues of rape culture and sexual assault within the military.

The fourth chapter presents the discussion of victimization of women in cases of intimate partner abuse and stalking. A review of the legal and social research on intimate partner violence addresses a multitude of issues for victims, including the barriers to leaving a battering relationship. This chapter also highlights how demographics such as race, sexuality, and immigration status impact the abusive experience.

The fifth chapter focuses on international issues for women and includes discussions on crimes such as human trafficking, honor-based violence, witch burnings, genital mutilation, and rape as a war crime. The Spotlights in this chapter look at the issue of witch burnings in Papua New Guinea and the case of Malala Yousafzai.

The sixth chapter focuses on the theoretical explanations of female offending. The chapter begins with a review of the classical and modern theories of female criminality. While the classical theories often described women in sexist and stereotypical ways, modern theories of crime often ignored women completely. Recent research has reviewed many of these theories to assess whether they might help explain female offending. The chapter concludes with a discussion of gender-neutral theories and feminist criminology. The Spotlights in this chapter look at the Manson Women as a classical example of strain theory.

Chapter 7 focuses on girls and the juvenile justice system. Beginning with a discussion on the patterns of female delinquency, this chapter investigates the historical and contemporary standards for young women in society and how the changing definitions of delinquency have disproportionately and negatively impacted young girls. The Spotlights in this chapter look at the issue of sexual abuse in confinement, arts programming for at-risk youth, and listening girls’ voices to assess what girls need from the juvenile justice system.

Chapter 8 deals with women and their crimes. While female crimes of violence are highly sensationalized by the media, these crimes are rare occurrences. Instead, the majority of female offending is made up of crimes that are nonviolent in nature or are considered victimless crimes, such as property-based offenses, drug abuse, and sexually based offenses. The Spotlights in this chapter look at how a typically masculine crime of bank robbery can be gendered, a discussion of gender and self-defense, and an examination of the case of Michelle Carter, who was convicted for using text messages to encourage her boyfriend to commit suicide.

The ninth chapter details the historical and contemporary patterns in the processing and sentencing of female offenders. This chapter highlights research on how factors such as patriarchy, chivalry, and paternalism within the criminal justice system impact women. The Spotlight in this chapter looks at international perspectives in the processing of female offenders.

The tenth chapter looks at the experience of women in the community corrections setting. The chapter begins with a discussion of gender-specific programming and how correctional agents and programs need to address unique issues for women. The chapter then looks at the role of risk assessment instruments and how they need to reflect gender differences between male and female offenders. The chapter concludes with a discussion on the reentry challenges of women exiting from prison. The Spotlight in this chapter looks at life after parole.

Chapter 11 examines the incarceration of women. Here, the text and readings focus on the patterns and

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practices of the incarceration of women. Ranging from historical examples of incarceration to modern-day policies, this chapter looks at how the treatment of women in prison varies from that of their male counterparts and how incarcerated women have unique needs based on their differential pathways to prison. The Spotlights in this chapter look at how California’s experience with realignment has impacted the incarceration of women, the financial challenges for women while they are in prison, and the Girl Scouts Beyond Bars program.

Chapter 12 focuses on women who work within criminal justice occupations within traditionally male- dominated environments: policing and corrections. The Spotlight in this chapter looks at issues of pregnancy on policing.

Chapter 13 concludes this text with a discussion of women in the legal and victim services fields. The chapter looks at both women who work as attorneys as well as women in the judiciary. While women are a minority in this realm of the criminal justice system, women are generally overrepresented within victim services agencies. Here, gender also plays a significant role both in terms of the individual’s work experiences as well as in the structural organization of the agency. The Spotlights in this chapter highlight the impact of gender on the U.S. Supreme Court, women in politics, and the value of self-care for victim services’ workers.

As you can see, this book provides an in-depth look at the issues facing women in the criminal justice system. Each chapter of this book presents a critical component of the criminal justice system and the role of women in it. As you will soon learn, gender is a pervasive theme that runs deeply throughout our system, and how we respond to it has a dramatic effect on the lives of women in society.

There is coverage of critical topics, such as

Representation of women in criminal justice academia Victim blaming Multiple marginalities and LGBT populations, including LGBTQ sexual violence Marital rape and rape as a war crime Campus sexual assault Economic abuse Cyberstalking Labor trafficking Women and pretrial release Challenges faced by female police officers The increasing number of women in the legal field

Spotlights cover key issues, such as

Victims’ Rights in Mexico Sexual Victimization at Military Academies Stalking and College Campuses The Manson Women

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Life After Parole Financial Challenges for Incarcerated Women Pregnancy and Policing Women in Politics Self-Care for Victim Advocates

Statistics, graphs, and tables have all been updated to demonstrate the most recent trends in criminology.

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Digital Resources

http://study.sagepub.com/mallicoat3e

The open-access Student Study Site includes the following:

Mobile-friendly eFlashcards reinforce understanding of key terms and concepts that have been outlined in the chapters. Mobile-friendly web quizzes allow for independent assessment of progress made in learning course material. EXCLUSIVE! Access to certain full-text SAGE journal articles that have been carefully selected for each chapter. Web resources are included for further research and insights. Carefully selected video links feature relevant interviews, lectures, personal stories, inquiries, and other content for use in independent or classroom-based explorations of key topics.

The password-protected Instructor Resource Site includes the following:

A Microsoft® Word® test bank is available containing multiple choice, true/false, short answer, and essay questions for each chapter. The test bank provides you with a diverse range of prewritten options as well as the opportunity for editing any question and/or inserting your own personalized questions to effectively assess students’ progress and understanding. Editable, chapter-specific Microsoft® PowerPoint® slides offer you complete flexibility in easily creating a multimedia presentation for your course. Highlight essential content, features, and artwork from the book. Lecture notes summarize key concepts on a chapter-by-chapter basis to help with preparation for lectures and class discussions. Sample course syllabi for semester and quarter courses provide suggested models for use when creating the syllabus for your courses. EXCLUSIVE! Access to certain full-text SAGE journal articles that have been carefully selected for each chapter. Each article supports and expands on the concepts presented in the chapter. Web resources are included for further research and insights.

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Acknowledgments

I have to give tremendous thanks to Jessica Miller, acquisitions editor for the Criminology and Criminal Justice Division at SAGE Publications. I am also deeply thankful to Jerry Westby and Craig Hemmens, who created the opportunity for me to become involved in this project many years ago. Special thanks as well to the staff at SAGE Publications who have also helped breathe life into this book.

Throughout my career, I have been blessed with amazing colleagues and mentors. I am so appreciative of your love and support. Your wisdom and friendship inspires me every day to be a better scholar, teacher, and human being. I also have to give thanks to my amazing network of friends from the Division on Women and Crime and the Division on People of Color and Crime. I am honored to get to work in an environment that is caring and supportive of my adventures in research and scholarship.

Finally, I am deeply indebted to my family for their love, support, and care and their endless encouragement for my adventures in academia and beyond.

SAGE Publications gratefully acknowledges the contributions of the following reviewers for this third edition:

Dr. Dorinda L. Dowis, Professor, Columbus State University Leah Grubb, Georgia Southern University Susan L. Wortmann, Nebraska Wesleyan University Sandra Pavelka, PhD, Florida Gulf Coast University Katherine J. Ely, Lock Haven University

Reviewers for the second edition:

Kathleen A. Cameron, Pittsburgh State University Dorinda L. Dowis, Columbus State University Katherine J. Ely, Lock Haven University Allison J. Foley, Georgia Regents University Bob Lilly, Northern Kentucky University Johnnie Dumas Myers, Savannah State University Sue Uttley-Evans, University of Central Lancashire

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Chapter 1 Women, Gender, and Crime Introduction

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Chapter Highlights Introduction to women as victims, offenders, and workers in the criminal justice system The emergence of feminism in criminology Data sources that estimate female offending and victimization rates The contributions of feminist methodologies in understanding issues about women and crime

Since the creation of the American criminal justice system, the experiences of women either have been reduced to a cursory glance or have been completely absent. Gendered justice, or rather injustice, has prevailed in every aspect of the system. The unique experiences of women have historically been ignored at every turn— for victims, for offenders, and even for women who have worked within its walls. Indeed, the criminal justice system is a gendered experience.

Yet the participation of women in the system is growing in every realm. Women make up a majority of the victims for certain types of crimes, particularly when men are the primary offender. These gendered experiences of victimization appear in crimes such as rape, sexual assault, intimate partner abuse, and stalking, to name a few. While women suffer in disproportionate ways in these cases, their cries for help have traditionally been ignored by a system that many in society perceive is designed to help victims. Women’s needs as offenders are also ignored because they face a variety of unique circumstances and experiences that are absent from the male offending population. Traditional approaches in criminological theory and practice have been criticized by feminist scholars for their failure to understand the lives and experiences of women (Belknap, 2007). Likewise, the employment of women in the criminal justice system has been limited, because women were traditionally shut out of many of these male-dominated occupations. As women began to enter these occupations, they were faced with a hyper-masculine culture that challenged the introduction of women at every turn. While the participation of women in these traditionally male-dominated fields has grown significantly in modern-day times, women continue to struggle for equality in a world where the effects of the “glass ceiling” continue to pervade a system that presents itself as one interested in the notion of justice (Martin, 1991).

In setting the context for the book, this chapter begins with a review of the influence of feminism on the study of crime. Following an introduction of how gender impacts victimization, offending, and employment experiences in the criminal justice system, the chapter presents a review of the different data sources and statistics within these topics. The chapter concludes with a discussion on the research methods used to investigate issues of female victimization, offending, and work in criminal justice-related fields.

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The Influence of Feminism on Studies of Women, Gender, and Crime

As a student, you may wonder what feminism has to do with the topic of women and crime. Feminism plays a key role in understanding how the criminal justice system responds to women and women’s issues. In doing so, it is first important that we identify what is meant by the term woman. Is “woman” a category of sex or gender? Sometimes, these two words are used interchangeably. However, sex and gender are two different terms. Sex refers to the biological or physiological characteristics of what makes someone male or female. Therefore, we might use the term sex to talk about the segregation of men and women in jails or prison. In comparison, the term gender refers to the identification of masculine and feminine traits, which are socially constructed terms. For example, in early theories of criminology, female offenders were often characterized as masculine, and many of these scholars believed that female offenders were more like men than women. While sex and gender are two separate terms, the notions of sex and gender are interrelated within the study of women and crime. Throughout this book, you will see examples of how sex and gender both play an important role in the lives of women in the criminal justice system.

The study of women and crime has seen incredible advances throughout the 20th and 21st century. Many of these changes are a result of the social and political efforts of feminism. The 1960s and 1970s shed light on several significant issues that impacted many different groups in society, including women. The momentum of social change as represented by the civil rights and women’s movements had significant impacts for society, and the criminal justice system was no stranger in these discussions. Here, the second wave of feminism expanded beyond the focus of the original activists (who were concerned exclusively about women’s suffrage and the right to vote) to topics such as sexuality, legal inequalities, and reproductive rights. It was during this time frame that criminology scholars began to think differently about women and offending. Prior to this time, women were largely forgotten in research about crime and criminal behavior. When they were mentioned, they were relegated to a brief footnote or discussed in stereotypical and sexist ways. Given that there were few female criminologists (as well as proportionally few female offenders compared to the number of male offenders), it is not surprising that women were omitted in this early research about criminal behavior.

Some of the first feminist criminologists gained attention during the 1960s and 1970s. The majority of these scholars were focused primarily on looking at issues of equality and difference between men and women in terms of offending and responses by the criminal justice system. Unfortunately, these liberal feminists focused only on gender and did not include discussions that reflected a multicultural identity. Such a focus resulted in a narrow view of the women that were involved in crime and how the system responded to their offending. As Burgess-Proctor (2006) notes,

By asserting that women universally suffer the effects of patriarchy, the dominance approach rests on the dubious assumption that all women, by virtue of their shared gender, have a common “experience” in the first place. . . . It assumes that all women are oppressed by all men in exactly the same ways or that there is one unified experience of dominance experienced by women. (p. 34)

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While second-wave feminism focused on the works by these White liberal feminists, third-wave feminism addresses the multiple, diverse perspectives of women, such as race, ethnicity, nationality, and sexuality. With these new perspectives in hand, feminist criminologists began to talk in earnest about the nature of the female offender and began to ask questions about the lives of women involved in the criminal justice system. Who is she? Why does she engage in crime? And, perhaps most important, how is she different from the male offender, and how should the criminal justice system respond to her?

Photo 1.1 The icon of Lady Justice represents many of the ideal goals of the justice system, including fairness, justice, and equality.

©iStock/PatrickPoendl

As feminist criminologists began to encourage the criminal justice system to think differently about female offenders, feminism also encouraged new conversations about female victimization. The efforts of second- and third-wave feminism brought increased attention to women who were victims of crime. How do women experience victimization? How does the system respond to women who have been victims of a crime? How have criminal …

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