Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
The vast amount of research has provided several explanations to account for the behavior of the offenders and the low rate in which sexual assault cases initiate criminal proceedings through a variety of theoretical perspectives. These include the classical approaches that focus on the individual who has committed sexual assault and the positivist approaches that aim to explain the social factors that influence the prosecution rates th...
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Lievore, D 2004, ‘Victim credibility in adult sexual assault cases’, Trends and issues in crime and criminal justice, no. 288. Australian Institute of Criminology, [Online]. Available at: http://www.aic.gov.au/publications/tandi2/tandi288.html. [Accessed 14 April 2011].
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The trial of 19 year old Owen Laurie has brought into light the alarming rate in which Sexual assault is rising. The issue that rages on in Colleges is said to be making its way to high schools and primary school. In a study conducted by the Centers for Disease Control and Prevention: Division of Violence Prevention, 19% of Undergraduate women experienced
Gender is predominating in the criminal justice system and sexual assault exemplifies the contrast found between the traditional and non-traditional justice systems employed over time. Sexual assault poses a social threat to all aspects of community, spreading insecurity in 43400 victims across Australia and 13300 victims in NSW alone as indicated in the recent Australian Bureau of Statistics Crime Victimisation Report. (ABS 2011, p. 40) There has also been an increase of sexual assault by 51% since 1995 with an average of 4% every year. (ABS 2010) Another major issue within the boundaries of sexual assault is that it holds one...
...ough group and individual models of deviant behaviour. The patriarchal pedagogy and structures that set the stage for permitting sexual assault to occur historically, still continue today, although in more subtle ways. Women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today's world. Men are usually in power positions, especially of an economic nature, and women are seen as passive. Marxist-feminist and differential identification are two theories that can be used to effectively explicate the cycle of sexualized violence in Canadian society today. In order to deal with the occurrence of sexual assault in our society, we must examine its causes more deeply. We must understand the sociology of sexualized violence in order to effectively explicate its groups and individual dynamics.
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Sexual assault is defined as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and In the United States 80% of sexual assault victims are under the age of 30. Of that 80%, 44% are under the age of 18 (RAINN, 2016). That leaves 36% of victims between the ages of 18 and 30. These percentages become even more alarming when that 80% is of about 293,000 victims of secual assualt each year (RAINN, 2016). It is estimated that 1 in every 6 women in the US has been or will be victims of sexual assault in their lifetime. The risks of sexual assault increase on college campuses. Women ages 18-24 who are enrolled in college are 3 times more likely than women in general to suffer from sexual violence (RAINN, 2016). One would think that with all these women being sexually assaulted, one would hear more about it, or perhaps the police stations would constantly be busy. This is not the case. Sexual assault is one of the most unreported crimes, with 68% still being left unreported (RAINN, 2016). This could be because of every 100 rapists, only 2 will spend a day in jail. Of the 32 out of 100 that would be reported, only 7 are referred to an arrest (RAINN, 2016). Why would men or women want to report sexual assault when the system that is supposed to protect them fails so often, and why does this system continue to fail?
In today’s society, juveniles that commit a sexual assault have become the subject of society. It’s become a problem in the United States due to the rise of sexual offenses committed by juveniles. The general public attitude towards sex offenders appears to be highly negative (Valliant, Furac, & Antonowicz, 1994). The public reactions in the past years have shaped policy on legal approaches to managing sexual offenses. The policies have included severe sentencing laws, sex offender registry, and civil commitment as a sexually violent predator (Quinn, Forsyth, & Mullen-Quinn, 2004). This is despite recidivism data suggesting that a relatively small group of juvenile offenders commit repeat sexual assaults after a response to their sexual offending (Righthand &Welch, 2004).
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
90 percent of the victims of sexual assault are women and 10 percent are men, and nearly 99 percent of offenders in single-victim assaults are men (Bureau of Justice Statistics 2010). According to https://www.justice.gov/ovw/sexual-assault, Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. () Sexual Assault can happen to anyone, not just women it can happen to men and kids as well. Sexual Assault these days are a big trouble and it is not being addressed in good order, and it is
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
The question this essay addresses is the difficulty, in convicting rapists and understanding why the conviction level for rape is so low. Proving a rape happened is easier said than done, there are many factors that are critical to contributing to a conviction. Why is the conviction level for rape as low as 6.5%? To comprehend the underlying levels of conviction there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having an non-custodial sentence or being acquitted of a rape charge.
Victims of sexual assault include men, women, children, heterosexuals, and homosexuals. It can happen to anyone. However, women are the most commonly victimized. One in four women and one in sixteen men are victims of assault (1). From 2003 to 2004...
There are various theories that can best explain certain crimes, however there is one that is best applied to the topic of sexual assault and/or crime. The rational choice theory, I believe is a theory that can best explain why a perpetrator decides to commit a sexual assault crime and/or rape. The reason why is because the rational choice theory is defined as how offenders seek to benefit themselves by their criminal behavior; that this involves the making of decisions and of choices, however rudimentary on occasion these processes might be; and that these processes exhibit a measure of rationality, albeit constrained by limits of time and ability and the availability of relevant information (Cornish & Clarke, 2014). These decisions are based on individual choices and it is not based
Sexual assault is not believable when alcohol is present because it is seen as, ‘you were asking for it’. “The second person I asked said I would ruining his life”. Because even though he’s the assailant and he is in the wrong he will have to face consequences and his reputation will be ruined. “The third person I told said it wasn’t a university issue” Australian universities’ policies and procedures regarding sexual assault are often confusing, inconsistent, incomplete, or in some cases non-existent. This makes it extremely difficult for students who have been sexually assaulted to know where they can get help, who they can report the assault to, and what complaint procedures are. “ The fourth person I told asked why I waited so long to tell anyone”.
Man charged with the rape of 31 women in New York! Ever caught the headline of a crime that occurred and wondered how a person could possibly commit such a heinous act against another person? This is the job of a criminologist. To study crimes, criminals, victims, environmental and social factors, etc. in order to come up with theories and reasons as to why people commit acts against others (Brotherton). Criminology is not a new concept, but it is an evolving one. For this reason many theories have derived from sociologist and psychologist as to why crimes are committed, who commits them, and other the factors that played a role. Take for instance the crime rape. Rape is an unwanted sexual act performed upon another individual by force, deception or while under the influence of a substance. While most rape victims are known to be women, this crime has been expanded to include rape against a man or a person of the same sex. Rape is not an easy concept to deal with, nor is dealing with a rapist. For the purpose of this paper, rape will be explained by three theories, biological, psychological and rational choice theory, all of which criminologist have deemed are fitting of the crime.
Assigning blame has become an increasingly difficult and complex concept to understand, especially in our legal court system. I associate blame with being held responsible for the consequences of one’s intentional actions. In regards to sexual assault cases, I think the blame should not be placed on the victims, but rather on the perpetrators. Victim blaming justifies the perpetrator’s actions, discourages sexual assault reportings, and can have psychological effects on the victim.