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Race and gender equality essay
Race and gender inequality
Gender stereotyping in the criminal justice system
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In the case of “rape by fraud”, the bill, if passed, will become a law that will hold all individuals, male or female, accountable for lying to get sex in the eyes of the law. However, the New Jersey lawmaker, Troy Singleton, could be targeting men. In some of his interviews on why he proposed this bill, he was quoted using pronouns like “him” or “he” and never using “she” or “her” when he is discussing the perpetrators. I cannot say for sure if the lawmaker knows that he is coming off as sexist or not, but the way he is wording some of his statements are suggesting that the target population is men. When the topic of sexual assault and rape comes up, the stigma is usually that men are the perpetrators and the women cannot be the perpetrators. So, it is not surprising that in this unique rape bill that men are directly and indirectly targeted as the perpetrator and not necessarily the …show more content…
All men of all races, backgrounds, and social classes will be targeted by this law, if passed. Men will be the direct targets because of the stigmas around rape and sexual crimes, but women are not safe from this law either. This law will hold women accountable too because the terms “deception” and “fraud” are too vague for a sex crime and cannot be limited to words. The bill is based on how men and women are conditioned to approach relationships, but the problem is that there is a difference in how men and women are condition. Women do not have to necessarily approach a man to have a relationship because women are condition to believe that men are the ones that do the approaching. On the other hand, most men are condition to approach women to have a relationship and to be able to talk, use words, to convince or sell themselves to the women in hopes that she will take the bait. So, when considering that notion men are the primary targets of this
Like child abuse, it affects every American by impacting those we love the most. Awareness for domestic violence victims has evolved since the beginning of our country. In earlier times, it was a private matter, and took place “behind closed doors”. They helped them past their sufferings and place them back into mainstream culture. (Karmen, 2015) Claims one movement that assisted with the process is the Feminist Movement. This widespread movement took place during the 1970’s, and represented the “beaten women”. It helped them stand up for themselves during their distraught times. Domestic tranquility ensures women their safety at home under their husbands’ protection. The Feminist’s Movement questioned domestic tranquility and urged women to stand up for themselves (Karmen, 2015). They discovered the “silent crisis” that lived inside so many women at the time. The crisis was that the men they married gave into the times of “behind closed doors” and “look the other way”. Those times would stand no more, due to the feminist’s movement and widespread awareness. Laws and legislation have changed since the rediscovery of the victims of domestic violence. One example is restraining orders. Restraining orders set up a level of protection for the women from the male offenders. Another example of legislation is The Violence Against Women Act. Promulgated in 1994 the act mandates that all states enforce protective orders issued in a
In today’s society, there is evidence that gender roles hold high standards in forming an identity, whether that gender is male or female. These standards put pressure on either gender to uphold them and commit to specific behaviors/actions that validate their very being. For men, this includes being considered masculine, or portraying the sense that they are authoritative over others, in which this includes displaying attitudes that contribute to female subordination. According to Pascoe (2016) in his article “Good Guys Don’t Rape” men are given the opportunity to challenge rape yet reinforce rape attitudes at the same time that are contained within rape culture and masculinity considered “norms.” Pascoe, illustrates that rape can be seen
Perception is not reality. The common assumption that the court system often treats female sex offenders differently than male sex offenders, the punishments of female sex offenders are more lenient than men who commit the same types of crimes, and the differences between male and female victims are all perception and not reality. Objective considerations to additional factors make the perceptions baseless. These additional factors solidify the factual differences between male and female sex offenders.
Throughout history, certain crimes have been separated into different categories base on their prevalence. For every crime, the offense and charge is different. In addition, not every crime is committed by the same gender. Crimes such as larceny, fraud, forgery, and prostitution (Chesney-Lind, 1986) tend to be committed more often by women; whereas, assault, murder, trafficking, etc tend to be committed by men. When it comes to the stereotyping of women in the criminal justice system one could say that women present themselves as victims to reach a lesser sentence or that by presenting themselves as victims they will have a longer sentence that will protect them.
In this source it elaborates on how men are being rape just as much as women are. Even though it seems more common for only women to be rape both genders are affected. This source supports my claim that rape needs to be taken more seriously. I used this source to support my claims.
There are far more males serving for statutory rape within prisons than females. There are hardly any females reported being charged with statutory rape or being sued for the same crime. The law does state that males and females have the same punishment for statutory rape (Christopher, 2012). However, in many cases young boys do not report the crime because they look at it as an act of becoming a man to have sexual relations with not only young girls but older women as well. There are several cases in which young boys are charged with the crime of statutory rape even when all parties are involved and gave their consent. For example in one case, a fourteen year old boy was charged with statutory rape for being involved in sexual activities with three girls who were younger than the boy, two of th...
For many centuries the crime of sexual violence has been perceived as a gendered crime of power mostly victimizing women. The legal system, at least in theory, puts rape to be a punishable crime, nonetheless when rape cases are brought before the law they are hit with the allegation of the ‘rape myth’, the victim’s legitimacy is continuously questioned and the defense party is given the power to undermine the victim’s story. Not only the victims of such horrendous offences are stripped off their right to justice; they are revictimized and mistreated in the courtroom and society if they are not seen to fit the category of the ‘ideal victim’. The neglect of rape cases before the law has led victims of this offence to become unwilling to report the incident causing sexual assault to become the most underreported crime in our criminal justice system. This issue has therefore become one of the main focuses of the feminist theory, which attempts to understand the criminal justice system’s discrimination and misuse of power against women.
As Estrich demonstrates, the law on rape has major flaws. The law exposes traditions and attitudes that surround women and sex. It condones the idea that sex contains male aggression and female passivity. The law uses three different criteria to label an act of sex as rape: mens rea, force, and consent. Estrich feels that these features demonstrate sexist attitudes within the law. Our legal system abandon’s mens rea which is Latin for “guilty state of the mind.” It is the perpetrator’s ability to understand force and non-consent. A woman must demonstrate resistance. The man can escape by stating he did not realize the woman was not consenting. So, the court turns to the woman to see if she provided proper evidence that she did not consent to the sex.
Rape culture is an issue that has gained moment through the feminist movement within the last couple of decades. Rape itself has been around since the beginning of time and its definition has changed over the years. In the United States before 1993, a woman could not charge her husband for rape. The definition of rape varies by state and each state has it’s own set of rape laws. According to Women Against Violence Against Women (WAVAW), rape culture “is a term that was coined by feminists in the United States in the 1970’s. It was designed to show the ways in which society blamed victims of sexual assault and normalized male sexual violence.”1 Rape culture existed in the 1970’s and still exists today.
It is not a topic that is brought up often, especially at schools or at gatherings, yet it is crucial that everyone be educated, or at least informed on a topic that affects women every day. “Given that sexual violence continues to occur at high rates in the United States, it is vital that we understand attitudes and cultural norms that serve to minimize or foster tolerance of sexual violence” (Aosved, 481). Growing rates of sexual violence goes to prove that it is not taken seriously by many, especially when myths excuse the actions of the perpetrator and instead guilt victims into thinking they are responsible for the horrible act. Burt (1980), in her article titled, “Cultural myths and support for rape” attempts to make sense of the importance of stereotypes and myths, defined as prejudicial, stereotypes, or false beliefs about rape, rape victims and rapists- in creating a climate hostile to rape victims (Burt, 217). Examples of rape myths are such sayings as “only bad girls get raped”; “women ask for it”; “women cry rape” (Burt, 217). This only goes to prove that rape myths against women always blame and make it seem like it is the women’s fault she was raped and that she deserved it for “acting” a certain way. McMahon (2007), in her article titled, “Understanding community-specific rape myths” explains how Lonsway and Fitzgerald (1994) later described rape myths as “attitudes and beliefs that are generally
Oftentimes, the things individuals take for granted as preexisting facts are merely the products of social construction, which exert tremendous impacts on belief and action. Men and women are socially constructed categories inscribed by norms of masculinity and femininity that enables rape to occur. Catharine MacKinnon claims that rape is defined in a male perspective, which lacks the account of female experience. On the other hand, Sharon Marcus argues that rape is a constructed language that scripts the female body. As bell hooks points out, black men celebrate “rape culture” as a mean of expressing patriarchal dominance and endorsing female subordination. In order to redefine rape and to develop effective rape prevention, it is crucial to deconstruct the predetermined assumptions about men and women. Rape is socially constructed, through the ways how individuals possess misogynistic ideologies and endorse patriarchal power, turning the erotic fantasy of male dominance into “reality”.
According to Marshall University, Rape Culture is defined as “an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in media and popular culture.” In American society, it is not hard to find examples of rape culture. In popular movies, music, and current events there is an undeniable notion of victim blaming, and sympathizing with male perpetrators. People have begun to use the term rape as a casual adjective. For example “I just raped him in that game,” could be used to describe two people playing a game and one winning easily against the other. American society uses pop culture and current events to promote and justify the prominent rape culture.
“She asked for it.” Attitudes, beliefs, and incorrect ideas about rape have been with us for centuries. There are constantly meaningless excuses, such as "women ask for it," and "women secretly enjoy rape". Women are indeed not objects of pleasure, but it seems as though people cannot get the message. Feminism is needed to get this point across; it is needed as a representation that women are people. Rape is a violent act of power; it is not a sexual act. Rape is dehumanizing for the victim, but yet the victim is always a fault. We live in a society where victims are being blamed for “what they were wearing” or “she led him on”. Justice is not being served in any shape, way, or form. Rape culture cannot be simply defined because of the factors that can influence the situation. However, it could be best defined by Emilie Buchwald, author of Transforming a Rape Culture, “a complex set of beliefs that encourage male sexual aggression and supports violenc...
Before looking at the definitions of both situations, it’s important to note that the law applies to all genders, be it male/female, female/female, or male/male. Anyone can be a victim of sexual harassment no matter their sex. Statistics show that “16% of claims are filed by males.” (Ethics) The anxiety and frustration experienced by victims can impact their quality of life not to mention the quality of their work “The harasser can be the employee 's supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual, who is connected to the employee 's work environment, can be accused of sexual harassment.” (Heathfield) The victim in a sexual harassment situation isn’t always alone. Others who witness or overhear a conversation can also take
Women are also more likely to be victims of sexual assault and rape by male perpetrators, which are other more severe forms of sexual discrimination, and are more often performed by people the victims know, such as coworkers and supervisors, rather than strangers (Matlin, 2012, pg. 425). This phenomenon is referred to as “acquaintance rape” and often occurs, because as the differences in communication explains, men are more likely to perceive others as being seductive, which can also explain why they are more likely to invite sexual activity in the workplace, especially men who have negative ideas about women (Matlin, 2012, pg. 427). These men are also more likely to abuse their power on the job, and exploit the lesser power of the female employees.