A Research on Sex Crimes Essay Example
A Research on Sex Crimes Essay Example

A Research on Sex Crimes Essay Example

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Abstract

Sex crimes are not new crimes. They have plagued the human society from time immemorial. They are a form sexual behavior in human beings that are considered as offenses. Sex offenders are the persons who perpetrate such acts. Sex crimes can be violent acts that involve copulation or may comprise violations of societal norms such as indecent exposure, incest or sodomy. The crimes vary from culture to culture, and the punishment mete also differs accordingly. In most countries, however, the law intervenes in sexual activities that involve children and adolescents who are below the legal age to give consent, deliberate non-consensual displays, incest, bestiality, and necrophilia, or where there is nuisance, harassment, sexual assault, injury, fear or grave risk of abuse of professional relationships. This study examines at depth the prevalence and impacts of several forms of sex cri

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mes including rape, child sex abuse, and sex trafficking both on the victims and offenders.

Introduction

Sex crimes are offenses that involve coerced or illegal sexual behavior against another person. They comprise a category of sexual conducts proscribed by law. Some examples of sex crimes include rape, statutory rape, prostitution, solicitation, indecent exposure amongst others (Turvey, 2011). The part of the law that deals with sex crimes has seen significant reforms in the past few decades. Though sex offenses are not a new phenomenon, public concern and awareness with regards to sex crimes have grown considerably, leading to the formulation and enforcement of new procedures and rules of evidence, new police techniques and methods, and new ways of investigating and prosecuting offenses. Based on the severity and nature of the individual crime, sex offenses can be grouped into assault

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offenses, statutory offenses, offenses involving protected persons or kids, and offenses involving vulgar displays, pornography or content (Turvey, 2011). All sex crimes are often considered very serious offenses and especially assault crimes, which cover crimes such as sexual assault with the use of deadly force or weapons and rape. The specific punishments for sex crimes are based on the status or age of the victim, severity of the crime, use of deadly force or weapons, and the criminal history of the defendant. Assault crimes bear the most severe penalties and the same applies to sex offenses involving kids (Hockett & Saucier, 2015). Convictions for sexually based crimes can be quite damaging to defendants because they have to confront public shame as well as lose the ability to get certain careers or jobs in addition to dealing with fines and jail terms.

Sexual deviance, on the other hand, alludes to atypical sexual conducts broadly defined in medical, legal or moral terms. It involves acts in which individuals seek sexual gratification via means that are deemed odd, unacceptable or different to either the majority or the very influential individuals in one’s community (King & Roberts, 2015). Like most other forms of anomalies, sexual deviance is defined differently based on the background, morals, location, and beliefs of the persons in question. It is also a notion concerning which many people hold very strong beliefs, and react in ostracizing and stigmatizing ways. The term itself connotes a behavior with a sexual element in it and is considered a breach of either the limits or expectations of behavior or general societal norms for a given cultural setting. In most cases, sexual

conduct of which all the parties involved do not fully agree to it is deemed deviant, for instance, exhibitionism, where the recipients are unwilling, and rape (Hickey, 2005).

In all, the issue of sexual deviance is quite complex because deviance and conformity are relative terms. The subject is made more intricate by the fact the definition has been changing with time, for instance, people have been getting increasingly receptive of some of the behaviors that initially were considered deviant such as homosexuality. Such acts now are seen as acceptable and normal. Sex crimes constitute a part of sexual deviance. The difference between sex crimes and sexual deviance, however, lies in the fact that some acts of sexual deviance are not punishable by law while all sex crimes are punishable by law once the conviction is made (King & Roberts, 2015).

Literature Review

Rape

Rape is a form of sexual violence that often involves sexual penetration carried out against an individual without his/her consent. It may be done through coercion, abuse of authority, physical force or against someone who cannot give a valid consent, for example, an unconscious person, one who is incapacitated, intellectually disabled, or is below the legal age to give consent (statutory rape). Consent may not be expressed in words, but can be implied from the parties’ relationship and context. The lack of objection does not amount to consent (Holmes & Holmes, 2009). Duress is a situation in which one is threatened with violence or irrepressible force so that there is no objection, which may lead to a presumption of consent. Both blackmail and abuse of power constitute duress (Holmes & Holmes, 2009). One point worthy of

note is that prisons, both male and female, tend to have high rates of rape incidences that often go unreported, perhaps making them the least reported rape forms. The most common form of rapes in these settings are female-on-female and male-on-male rapes (Letherby, Williams, Birch, & Cain, 2011). Rapes are considered war crimes and crimes against humanity when they are carried out in a systematic and widespread fashion during international wars. When rape is done with the motive of destroying in part or in whole a targeted ethnic community, it is recognized as a part of genocide (Letherby et al., 2011).

Rape can be classified as statutory rape, date rape, war rape, gang rape, acquaintance rape, marital rape, prison rape, child sexual abuse, and incestual rape (Hockett & Saucier, 2015). Marital rape is a form of domestic violence, which had been widely ignored by law previously, but is now becoming increasingly criminalized. The practice, nonetheless, is still legal in many countries, or just accepted and tolerated as a prerogative of the husband where it is outlawed (Hockett & Saucier, 2015). Rape victims vary in age, sexual orientation, gender, and even degree of disabilities or impairments. Besides the risks of sexually transmitted infections and pregnancy, rape victims may also incur bodily harm. Additionally, a victim may face threats or violence from the rapist and in some cases from the victim’s relatives (Hockett & Saucier, 2015). The perpetrators, on the other hand, can be of any socioeconomic class, age, etc. though the majority are often young and married. Some are spurred on by anger over events in their lives while others the desire to conquer the victim. Peer

pressure, alcohol use, and pornography have also been noted to predispose persons to rape (Hockett & Saucier, 2015).

Although rape cases are highly prevalent, surveys indicate that over 90% of all the incidences often go unreported worldwide. The reasons for this under-reporting varies from country to country and may include the victim wanting to keep the incident a secret or not putting the offender in trouble, doubts in the credibility of law enforcement, fear of vengeance, uncertainties or even prosecution (for instance, because of rules about premarital copulation) (Hockett & Saucier, 2015). The data on the prevalence of rape varies based on the definition used. Roughly, 1 in every 33 US men and 1 in 6 US women have experienced a completed or attempted rape in their lives. Almost one-fifth of women in colleges have been raped or experienced an attempted rape since their admission. Though the current rate of rape at 0.4/1000 persons in the US is low and has been decreasing in the past few years, the high rate of under-reporting is still a cause of great concerns (Hockett & Saucier, 2015).

The treatment of rape varies based on the nature of harm the victim has had to endure. The punishment for rape may include castration or even death in some countries. In the US, the Violence Against Women Act of 2005 mandates states to guarantee rape victims free access to forensic examination regardless of whether they file a petition or comply with the requirements of the criminal justice system. Each state has its laws that deal with sexual aggression. The laws vary considerably based on the nature of the offense and context and are

always undergoing revisions. The average jail term for convicted rapist is roughly ten years in the United States (Terry, 2012).

Child Sex Abuse

Child sexual abuse occurs when an older adolescent or adult uses a child for sensual stimulation. It may involve sexual activity with a kid (by pressuring or asking or other means), child grooming, using a kid to create child pornography or indecent exposure. The abuse can happen in a variety of settings including the school, home or work where the child frequently visits (Kendall-Tackett, Williams, & Finkelhor, 1993).). According to the United Nations Children’s Fund, child marriage is one of the predominant forms of child sex abuse and sexual abuses in general. Some of the effects of child sex abuse include physical injury to the child, depression, PTSD, and anxiety amongst other issues (Rao & Presenti, 2012). Globally, the prevalence of child sex abuse is estimated at 7.9% and 19.7% for males and females respectively. Most child sex offenders tend to be familiar with their targets. Roughly 30% of all child sex offenders are the child’s close relatives, i.e. fathers, brothers, cousins, etc. Other acquaintances comprise 60% and may include babysitters, neighbors, family friends, etc. Strangers perpetrate roughly 10% of all the child sex abuse incidences. Most child sex offenders are males, with females responsible for approximately 6% of all the reported girl child abuses and 14 to 40% of all the reported boy child abuses (Terry, 2012). Individuals with a strong sexual attraction to prepubescent kids are known as pedophiles. Not all child sex offenders are pedophiles, nevertheless (Kendall-Tackett et al., 1993).

Children who are being abused sexually tend to act in inappropriate sexual

ways with objects or toys They tend to have sleeping problems and nightmares, be withdrawn and secretive, and manifest strange fears of places and individuals coupled with sudden and unexplained changes in their personality and eating habits. They may revert to younger behaviors such as bed-wetting, use new adult words for parts of the body with no apparent source, inflict injuries on themselves, and may have physical indications of abuse such as bruises around the mouth or genitals, STIs, etc. (Kendall-Tackett et al., 1993). Child sex offenders, on the other hand, tend to be particular about their targets and make them their favorites. They tend to insist on private time with the child, and spend more time with him/her than with peers. They frequently offer free babysitting services and give the kid money or buy them costly gifts for no apparent cause and often limit the child’s privacy in personal matters. They also insist on demonstrating physical affection, e.g. hugging and kissing, even when the child is clearly against it (Terry, 2012). The exact causes of child sex offenses have not been established, and research on the matter is still going on.
Sexual abuse of children is outlawed in almost all parts of the world and crimes are usually met with severe penalties, including capital punishments in some jurisdictions. The Child Abuse Prevention and Treatment Act is the largest body of rules dealing with the fair, legal, and ethical treatment of kids and is aimed at keeping them free from every form of abuse, including psychological, emotional, physical and sexual in the United States. Federal laws give the guidelines and standards, but the administration of child

abuse issues, such as mandatory reporting, statutes of limitations for civil and criminal prosecution, and responding to neglect or child abuse, etc. is under state laws (Terry, 2012).

Sex Trafficking

Sex trafficking is a form of human trafficking that involves the forced prostitution of individuals who happen to be women in many instances but can affect children and men as well. Sex trafficking consists of two elements, sexual slavery, and human trafficking, which represent the demand and supply side of the enterprise. Exploitation depends on the interactions between the clients who do the sexual services and the trafficker selling the victim (Rao & Presenti, 2012). Sex traffic crimes are defined by three moves; acquisition, transit, and exploitation. Sex trafficking crimes may include child sex tourism, prostitution, etc. The trade is quite rampant but highly secretive, which makes it quite hard for researchers to obtain accurate statistics. Roughly 2.4 million people are being trafficked all over the world at any one time, and 80% of the victims are sex slaves (Rao & Presenti, 2012). Many sex slaves find themselves in abusive or dangerous situations, and escape is often hard or perilous. The areas that the trade occurs reflect a complex web between countries which makes it quite tough to come up with viable solutions to the problem. The primary forms of sex traffic are forced marriages, familial trafficking, prostitution, gang-controlled trafficking, and pimp-controlled trafficking (Rao & Presenti, 2012).

Sex trafficking is caused by a complex web of societal, governmental, political, and socioeconomic factors. One such factor is globalization and the diffusion of Western Capitalism, which has led to socioeconomic inequalities. Gender discrimination, corrupt regimes, as well as cultural norms

and personal problems also play a part in the existence of the trade. The victims are usually homeless or runaway youths, impoverished foreign nationals, and those with inadequate social skills and academic proficiency and who have undergone some form of physical, sexual or emotional abuse (Ackerman & Furman, 2015). Children have a high risk due to their vulnerable status, i.e. size, naïve looks, and because they can be intimidated easily. Most victims of sex trafficking tend to suffer from STIs, depression, PTSD, addiction to alcohol and drugs, etc. The perpetrators, on the other hand, do not fit into one stereotype and may include members of national criminal organizations or those without affiliations to any group. Sex trafficking is condemned worldwide (Ackerman & Furman, 2015). In the US, the Commercial Sex Act makes it unlawful to harbor, move, recruit, obtain, entice or provide a person or to profit from such exploits understanding that the individual will be compelled to involve him/herself in commercial sex where coercion, force or fraud exists or where he/she is under 18 (Terry, 2012).

Sex Offenders

Sex offenders are the people who commit sex crimes. In line with Megan’s law, convicted sex offenders are required to register and update their status accordingly in the Sexual Offender Registry once they have served their prison sentences and are released (Terry, 2012). Sex offenders fall into three categories, i.e. tier I, tier II, and tier III offenders. Tier I sex offenders comprise persons who are not predisposed to violence, and their registration lasts for a minimum of 15 years with annual verification once a year. Tier II sex offenders are also not violent individuals but their crimes

involved minors. Their registration lasts for a minimum of 25 years with annual verification twice a year. Tier III sex offenders, on the other hand, comprise those convicted of both non-violent and violent acts with adults or minors. Their registration is for life, and they have to verify their information on a quarterly basis (Tewksbury, 2005). The Adam Walsh Child Protection and Safety Act directs sex offenders to avoid areas such as worship places, schools, nursing homes, bus stops, libraries, gyms, etc. by 150 to 760 meters. Though designed for good purposes, registration of sex offenders has several collateral consequences on them including living in group spaces, not being able to live with friends, as well as forced residential relocations (Tewksbury, 2005).

Sex offenders have a comparaively low level of recidivism with instances of rearrests and reconvictions for new sex crimes barely reaching 5%. Their rates of recidivism are lower than most crimes except murder (Terry, 2012). Some of the most effective interventions for sex offenders include behavior modification programs. Many of these programs employ the fundamentals of applied behavior analysis and focus on traits linked with recidivism. Cognitive behavioral therapies are the most widely used forms of interventions (Hanson &Yates, 2013).

Conclusion

In all, sex offenses are very serious crimes. They can leave lasting impacts on the victims, which may change their lives forever. Problems such as depression and PTSD require much input to deal with and an STI such as HIV is more like a death sentence. These consequences can be quite devastating to the victim. Besides the impacts on the victim, the offender too has to deal with many setbacks once convicted in addition to

the guilt that will always haunt him/her. He/she has to cope with a tarnished reputation and lose many privileges for no gain at all. Sex crimes also tend to erode the moral standards of the society. In the light of these facts, it is worth desisting from sex crimes and all crimes in general and advise others to follow suit to save themselves from unnecessary problems.

References

  1. Ackerman, A. R. & Furman, R. (2015). Sex Crime: Transnational Problems and Global Perspective. Broadway, NY: Columbia University Press.
  2. Hanson, R. K. &Yates, P. M. (2013). Psychological treatment for sex offenders. Current Psychiatry Reports, 15(3): 348.
  3. Hickey, E. W. (2005). Sex Crimes and Paraphilia. New Jersey, NJ: Pearson.
  4. Hockett, J. M. & Saucier, D. A. (2015). A systematic literature review of “rape victims versus “rape survivors:” Implications of theory, research, and practice. Aggression and Violent Behavior, 25(4): 1-14.
  5. Holmes, S. T. & Holmes, R. M. (2009). Sex Crimes: Patterns of Behavior (3rd Ed.). New York, NY: Sage Publications, Inc.
  6. Kendall-Tackett, K. A., Williams, L. M., & Finkelhor, D. (1993). Impact of sexual abuse on children: A review and synthesis of recent empirical studies. Psychological Bulletin, 113(1): 164-180.
  7. King, L. L. & Roberts, J. (2015). The complexity of public attitudes towards sex crimes. Victims & Offenders, 12(1): 71-89.
  8. Letherby, G., Williams, K., Birch, P., & Cain, M. (Eds.) (2011). Sex as Crime. London: Routledge.
  9. Rao, S. & Presenti, C. (2012). Understanding human trafficking origin: A cross-country empirical analysis. Feminist Economics, 18(2): 231-263.
  10. Terry, K. J. (2012). Sexual Offenses and Offenders: Theory, Practice, and Policy. Boston, MA: Cengage Learning.
  11. Tewksbury, R. (2005). Collateral consequences of sex offender registration. Journal of Contemporary

Criminal Justice, 21(1): 67-81.

  • Turvey, B. E. (2011). Sex crimes. In B. E. Turvey (Ed.), Criminal Profiling: An Introduction to Behavioral Evidence Analysis (4th Ed.) (481-505). Cambridge, MA: Academy Press.
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