Posted at 10.02.2018
With the swelling rate of globalization, there is a pro rata emergence of more technical issues in the area of crime than it was within the last two decades. It has been facilitated by the web effect of the world trotting, inventions in the information technology, use of internet among other factors improving the globalization process. There is certainly therefore a simultaneous need to contextualize the use of the theories of crime in the handling of the emerging trends of crime.
There are two types of cases: Civil and Criminal cases. A criminal cases is an instance where, for instance, the federal government punishes an offender for doing an act that has been classified as a crime. In normal circumstance, it is the prosecutor who initiates and controls the situation. The prosecutor has to prove the defendant's guilt beyond reasonable doubt. On the other hand, a civil case revolves around the legally stipulated duties and rights of people towards one another.
What is crime? Regoli and Hewitt (2009) defined crime as an intentional act of criminal law and which is punishable by their state. It also entails an omission to do something for instance evasion of tax. Some of the acts, which are elsewhere known as felonies, constitute the criminal cases: Murder, manslaughter, rape, sodomy, robbery, larceny, arson, burglary and mayhem.
Theories of Crime
There are several theories of crime which may have as time passes and across space been found in the explanation of the type of crime, its causes and all the nuances surrounding the subject. Some of these theories are the classical theory, sociological theories, social conflict theory, labeling theory, biological and psychological theories. The social conflict theory states that individuals commit crime because the law defines their actions as unlawful as the labeling theory purport that individuals commit crime because they have been called having criminal tendencies. To justify this position, they go ahead to defy regulations. The biological theories on the other hand take a different perspective. In this perspective, it is believed that the predisposition to commit crime is innate, biological, neurological and biochemical. The other band of theories, the psychological theories, postulates that individuals commit crime due to personality problems developed and entrenched during childhood (Rawlins, 2005). Apart from the perspectives concerned with the cause of crime, others deal with the control and the rehabilitative possibility of the offender with regard with their environment and relationships with others. The classical theory stresses punishment and deterrence is the foundation for crime control. It therefore seems that the last two band of theories are usually more applicable the explanation of cause and handling of the emerging and contemporary criminal cases.
In another perspective, yet addressing the same issue, theories of crime could yet be classified according to different consideration. In his Criminology, Larry J. Siegel grouped considered crime theories either as based on individual traits, social structure and political economy. As a result, he came up with trait theories, developmental theories, rational choice theories, strain theories, social learning theory and behavioral theory. Within this discussion, it has one of the groups of crime theories have been used to explain the situation of rape.
Rape as a Contemporary Criminal Case
This is probably one of the very most palatable subjects in the lens of crime. The question to be answered here are, among others, the definition of rape, facts on rape and the underlying theoretical explanations of the crime. From the beginning, it ought to be understood that the question of rape is of multidisciplinary concern: Law, psychology, sociology, biology, anthropology and other social sciences. Every field has a unique definition of rape. From the legal perspective, rape is defined as the "vaginal, anal or oral penetration involving force, insufficient consent or threat of force" (Marvasti, 2004, p. 26). Elsewhere, rape has been defines as a form of sexual intercourse from the wish of the victim or by risk of harm. From your clinical perspective, most practitioners contend to this is that rape is any form of forced sexual contact. In psychology, penetration is not considered as a necessary aspect in this is of rape. This latter perspective includes the 'robbery of one's psychological safety'.
Rape is classified according to different perspectives. Among such perspectives is the primary motivation of the rapist (Groth, 1979). As a result we've anger rape, power rape and sadistic rape. As the name implies, 'anger rape' characterizes an angry rapist as the reason behind forcing sexual penetration. The next category has to do with ends of control and power as the primary motivators of the perpetrator. In psychological terms, it has also been discovered that there are people who get sexual stimulation by looking at a helpless nude person and they could go on and exploit the (for example) tied up person. The last category is nearly like the next one but the application of the physical force is the stimulation factor instead of the look of your helpless person. In summarizing the reason why for and explanation for rape, Hazelwood (1995) proposed a six-model typology comprising of power-reassurance, power-assertive, anger-retaliatory, anger-excitement, opportunistic and gang rape. Each one of these models are psychologically grounded.
According to Marsh and Melville (2006), rape is a manifestation of the differential inequalities between women and men. Most of the rape cases are performed by men who, as it will be demonstrated, have psychological predispositions to do so. It should be understood from the onset that in almost all jurisdictions, rape is a crime. There are however many perspectives in this is of rape; that i think are end-specific. It could greatly be based upon whether one supported the crime or not. Some scholars insist that definition of rape must involve vaginal sex since it is merely through it that conception could happen. This therefore disqualifies the concept of 'anal rape'. According to Marsh and Melville (2006), rape is situated in all cultures.
In Gottfredson and Hirschi (1990), for rape to occur, there needs to be some necessary conditions. They wrote that there need to be the rapist. Secondly, there have to be a victim who proves appealing to the rapist. Most authorities concur that rape could be prevented through cautiousness in entering vulnerable settings with strangers or even informal acquaintances. According to Golden, Peterson, Peterson, Hilgencamp, Harper and Boskey (2010), those individuals who exhibit alcohol use, coercive sexual fantasies, antisocial tendencies, and hostility towards women, will probably commit rape. In addition, it includes those people that witnessed family violence during their childhood, those who associate with highly delinquent peers and the ones who emanate from emotionally unsupportive families.
Effects of Rape
The rape trauma syndrome is just about the most expressed effect after rape. There could be withdrawal symptoms which could sometimes lead to attempts of suicide. On the part of the other partner where there is an existent relationship; there are immense feelings of fury and need to retaliate for the victim. Just like every other form of crime, rape has long-term societal impact especially in the manifestation of degradation in social fabric.
Statistics on Rape
In america of America, rape statistics is collected by the Department of Justice (DOJ) and Centers for Disease Control (CDC). In addition, studies and researches in universities provide valuable information regarding rape. There is an additional wealth of information obtainable from the statistics on crime. It should be realized however that rape statistics are very hard to compile and that they change depending on the type of definition attached to rape.
A National Violence Against Women Survey (NVAWS) revealed that one out of 6 women and one out of 33 men in the U. S. have experienced either an attempted or complete rape. It had been noted that young women were at an increased threat of being raped. To demonstrate this, the DOJ conducted a survey in 1998 where it was discovered that from the whole sample, those under the age of 12 represented 22% prevalence while those under 18 and 25 years respectively represented a 54% and 83% prevalence. Just one more Youth Risks Behavior Surveillance System (YRBSS) survey of 2005 found out that a nationwide 7. 5% of high school students have been sexually exploited by force. The rates for girls were higher than those of boys. According to Golden et al. (2010), the majority of females are raped by people they know.
Contemporariness of Rape
As described in the introduction, there are several forces of globalization one of these being the info technology. It has necessitated the flow of information and the sharing and viewing of erotic images which includes seen a rise in the rates of rape. The U. S. was reported to be the leading country with rape cases in the industrialized world. According to Allison and Wrightsman () the U. S rates were 13 times more than those of England, 4 times those of West Germany and 20 times those of Japan. There's also other factors leading to the centrality of rape as a social policy issue; the fact that concepts of 'hyper-masculinity' in which men still feel they could punish women despite the empowerment campaigns.
Theories of Rape as a Crime
Rape is quite an emotive subject as a result of effects it has on the victim. Many people therefore neglect to understand why people rape others. To bridge this gap, theorists have thus made propositions on what are the causes of rape or rather underlying explanations. As earlier indicated, there are extensive theories on crime. Regarding rape, there are equally many theories which have been submit to describe the evil. In this particular written piece, this explanation ha been attained by having a navigation after the psychological theories of rape. They are founded on the actual fact that each rapist has a assortment of personality, attitude and cognitive qualities which characterize their nature of deeds (Allison & Wrightsman, 1993). Quite simply, all rapists possess the propensity to rape; it isn't by chance that they commit rape. For instance, some men have powerful feelings of hostility and anger towards women. It has additionally been demonstrated beyond reasonable doubt that increase in pornography has resulted in increased rape cases in america of America.
In explaining the reason why as to the reasons men commit rape, Thornhill and Plamer (2001) wrote that male members of all species are always more wanting to mate than the feminine members of the same species. Because of this, the females choose from on the list of competing males the specific male to mate with. It therefore means that the only path to actually mate with a female is after being chosen from many. According to the duo, rape is the male circumvention of the female's choice. This view however will not only represent a psychological predisposition but also a biological sex selection.
Rape isn't only something of great psychological disturbances for the rapist but also a strange and abnormal act (Allison & Wrighsman, 1993). To put it in other words, rape is a psychopathological issue that results from the developmental history of the rapist and his current efforts. Interestingly, other studies have shown that some women have innate feelings of attempting to be raped. Research also highlights to the Freudian psychosexual development of a child with specific focus on his relationship with the mother. The overall tenet is the fact if there existed elements of sexual seductiveness and arousal during childhood, this could be later expressed as unquenchable desire for sexual fulfillment. Inside the same case, the daddy is described as having been aloof and distant while the mother being very protective, dominant and seductive.
Psychology is made up of various kinds domains such as perception, remembering, understanding amongst others. To show that rape is a psychological issue, the result pornography illustrates so. By perpetually viewing pornographic images, your brain is defined to always remember what it was seen thus creating more yearning to fulfill the sexual fantasy. Because of this, societies that have pornographic permissiveness experience a proportional quantity of rape cases. In legal perspectives, rape represents an extrapolation of legitimate violence in society. By combining these two propositions, then it is true that criminal rape is partly consequently of depiction of women as sex objects
The rising trends of globalization have resulted in yet other trends in the manifestation of compliance or deviance of law. For example, the growth in the information technology and internet use has necessitated the flow of information which includes led to a vast spread and shared believes about sex. An example of such wrong believers is the idea that ladies are objects of sex. As result, there were rising cases of rape especially in nations that are technologically industrialized.
This premise appears to tally with the provisions of the theories of crime with a special focus on the psychological theories. In them, it is stipulated that rape feelings are a rsulting consequence innate feelings that have been gained during childhood and sustained at adulthood. Interestingly, although over a remote scale, there are women who posse innate feelings and the urge to be raped. Therefore, a detailed investigation of the theories causes a conclusion that to effectively understand the case of rape as a crime, the psychological perspective must be considered.