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].
Allerton, M, Butler, T, Champion, U & Kenny, D 2003, 2003 NSW Young People in Custody Health Survey: A Summary of Some Key Findings. Australian Institute of Criminology, [Online]. Available at: http://aic.gov.au/events/aic%20upcoming%20events/2003/~/media/conferences/2003-juvenile/kenny.ashx, [Accessed 14 April 2011].
Bowlby, J 1997, Attachment and loss, Penguin Press, Harmondsworth.
Engels, F & Marx, K 1845, The Condition of the Working Class in England in 1844, Foreign Language Publishing House, Moscow.
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
Australian Institute of Criminology, 2007, The identification of mental health disorders in the criminal justice system, prepared by Ogloff, J.R.P., Davis, M.R., Rivers, G. and Ross, S., Australian Institute of Criminology, Canberra.
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...
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
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
...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.
Chapt6 [2] Haralambos and Holborn 2002 [3] Merton. R 1968 [4] Hagedorn 1996 new perspective in criminology, chapter 13
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
Maguire, M., Morgan, R., and Reiner, R. (2012) The Oxford Handbook of Criminology. 5th ed. United Kingdom: Oxford University Press.
Sexual assault is a problem that affects many students in colleges. Sexual assault is defined as “any unwanted contact” (6) performed on “an unwilling victim, without consent” (2). This means anything from touching to completed rape. Without consent means that “vigorous efforts were made to avoid sexual contact” (2). Physical symptoms of sexual assault can tamper with the victim’s quality of life. It can be pelvic pain, migraines, and even disability that can prevent a victim from working. There are over 32,000 pregnancies a year that are a result of completed rape, but problems with pregnancy can also be a result of sexual assault. In addition to these effects, women who experience this assault are more likely to contract sexually transmitted diseases (2).
Regan, P.C. & Baker, S.J. (1998). The impact of child witness demeanor on perceived credibility and trial outcome in sexual abuse cases. Journal of Family Violence, 13(2), 187-195.
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”.
Morgan, R., Maguire, M. And Reiner, R. (2012). The Oxford Handbook of Criminology. 5th ed. Oxford: Oxford University Press.
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.