CHAP 4 3663
Women, Gender, and Crime
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For Jeff, Taylor, and Keegan
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Women, Gender, and Crime
Core Concepts
Stacy L. Mallicoat
California State University, Fullerton
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Brief Contents
1. Preface
2. Acknowledgments
3. Chapter 1. Women, Gender, and Crime: Introduction
4. Chapter 2. Theories of Victimization
5. Chapter 3. Women, Gender, and Victimization: Rape and Sexual Assault
6. Chapter 4. Women, Gender, and Victimization: Intimate Partner Abuse and Stalking
7. Chapter 5. International Issues in Gender-Based Violence
8. Chapter 6. Women, Gender, and Offending
9. Chapter 7. Girls, Gender, and Juvenile Delinquency
10. Chapter 8. Female Offenders and Their Crimes
11. Chapter 9. Processing and Sentencing of Female Offenders
12. Chapter 10. The Supervision of Women: Community Corrections, Rehabilitation, and Reentry
13. Chapter 11. Women, Gender, and Incarceration
14. Chapter 12. Women Professionals and the Criminal Justice System: Police, Corrections, and Offender
Services
15. Chapter 13. Women Professionals and the Criminal Justice System: Courts and Victim Services
16. Glossary
17. References
18. Index
19. About the Author
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Detailed Contents
Preface
Acknowledgments
Chapter 1. Women, Gender, and Crime: Introduction
The Influence of Feminism on Studies of Women, Gender, and Crime
Spotlight on Women and the Academy
Women, Gender, and Crime
Women as Victims of Violence
Women Who Offend
The Intersection of Victimization and Offending
Women and Work in the Criminal Justice System
Data Sources on Women as Victims and Offenders
The Contributions of Feminist Methodology to Research on Women, Gender, and Crime
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 2. Theories of Victimization
Victims and the Criminal Justice System
Spotlight on Victim Rights in Mexico
Victim Blaming
Fear of Victimization
Theories on Victimization
Spotlight on Gender and Kidnapping
Routine Activities Theory
Feminist Pathways Perspective
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 3. Women, Gender, and Victimization: Rape and Sexual Assault
Historical Perspectives on Rape and Sexual Assault
Defining Sexual Victimization
Prevalence of Rape and Sexual Assault
Rape Myths
Acquaintance Versus Stranger Assault
Spotlight on Rape Culture
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Drug-Facilitated Sexual Assault
Spotlight on the Invisible War: Rape in the Military
Spousal Rape
Campus Sexual Assault
Spotlight on Statutory Rape
LGBQT Sexual Violence
Racial Differences in Sexual Assault
The Role of Victims in Sexual Assault Cases
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 4. Women, Gender, and Victimization: Intimate Partner Abuse and Stalking
Defining and Identifying Intimate Partner Abuse
Spotlight on IPA and the NFL
The Cycle of Violence
Victims of Intimate Partner Abuse
Dating Violence
Children of Intimate Partner Abuse
LGBTQ and Intimate Partner Abuse
Effects of Race and Ethnicity on Intimate Partner Abuse
Unique Issues for Immigrant Victims of Intimate Partner Abuse
Spotlight on Intimate Partner Abuse in India
Barriers to Leaving an Abusive Relationship
Victim Experiences With Police and Corrections
Programming Concerns for Victims of Intimate Partner Abuse
Stalking and Intimate Partner Violence
Spotlight on Stalking and College Campuses
Victims and Offenders of Stalking
Cyberstalking
Laws on Stalking
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 5. International Issues in Gender-Based Violence
Human Trafficking
Labor Trafficking
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Responses to Human Trafficking
Promising Solutions to End Human Trafficking
Spotlight on Witch Burnings in Papua New Guinea
Rape as a War Crime
Female Genital Mutilation
Honor-Based Violence
Spotlight on Malala Yousafzai
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 6. Women, Gender, and Offending
Theoretical Perspectives on Female Criminality
Historical Theories on Female Criminality
Spotlight on the Manson Women
Traditional Theories of Crime and Gender
Modern Theories of Female Offending Behaviors
Spotlight on Men and Masculinity
Feminist Criminology
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 7. Girls, Gender, and Juvenile Delinquency
The Rise of the Juvenile Court and the Sexual Double Standard
The Nature and Extent of Female Delinquency
Spotlight on the Sexual Abuse of Girls in Confinement
The “Violent” Girl
Technical Violations: The New Status Offense
Risk Factors for Female Delinquency
Family
Abuse
Peers
School
Substance Abuse
Mental Health
Meeting the Unique Needs of Delinquent Girls
Spotlight on Arts Programming and At-Risk Youth
Spotlight on Girls’ Voices
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Summary
Key Terms
Discussion Questions
Web Resources
Chapter 8. Female Offenders and Their Crimes
Women and Drugs
Property Crime
Spotlight on Women and Bank Robbery
Prostitution
The Legalization Debate
Women and Violence
Girls and Gangs
Gender and Violent Crime
Spotlight on Women and Self-Defense
Spotlight on the Case of Michelle Carter
Mothers Who Kill Their Children
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 9. Processing and Sentencing of Female Offenders
Stage of the Criminal Justice System
Race Effects and the Processing of Female Offenders
The War on Drugs and Its Effects for Women
The Effects of Extralegal Factors on Sentencing Women
The Effects of Sentencing Guidelines on Judicial Decision Making
International Perspectives on the Processing of Female Offenders
Conclusion
Summary
Key Terms
Discussion Questions
Chapter 10. The Supervision of Women: Community Corrections, Rehabilitation, and Reentry
Gender-Responsive Programming for Women
The Supervision of Women in the Community
Women on Parole
Reentry Issues for Incarcerated Women
Spotlight on Life After Parole
Recidivism and Female Offenders
Building Resiliency for Women
Summary
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Key Terms
Discussion Questions
Web Resources
Chapter 11. Women, Gender, and Incarceration
Historical Context of Female Prisons
Contemporary Issues for Incarcerated Women
Spotlight on California Prison Realignment and Its Effect on Female Inmates
Physical and Mental Health Needs of Incarcerated Women
Spotlight on the Financial Challenges Behind Bars
Children of Incarcerated Mothers: The Unintended Victims
Spotlight on the Girl Scouts Beyond Bars Program
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 12. Women Professionals and the Criminal Justice System: Police, Corrections, and Offender
Services
Women in Policing
Spotlight on Pregnancy and Policing
Women in Corrections
Community Corrections: Female Probation and Parole Officers
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
Chapter 13. Women Professionals and the Criminal Justice System: Courts and Victim Services
Women and the Law
Spotlight on Women in Politics
Women and the Judiciary
Spotlight on Women and the Supreme Court
Women and Work in Victim Services
Advocates for Intimate Partner Abuse
Spotlight on Self-Care for Victim Advocates
Rape-Crisis Workers
Conclusion
Summary
Key Terms
Discussion Questions
Web Resources
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Glossary
References
Index
About the Author
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Preface
The purpose of this book is to introduce readers to the issues that face women as they navigate the criminal
justice system. Regardless of the participation, women have unique experiences that have significant effects on
their perspectives of the criminal justice system. To effectively understand the criminal justice system, the
voices of women must be heard. This book seeks to inform readers on the realities of women’s lives as they
interact with the criminal justice system. These topics are presented in this book through summary essays
highlighting the key terms and research findings and incorporating cutting-edge research from scholars whose
works have been published in top journals in criminal justice, criminology, and related fields.
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Organization and Contents of the Book
This book is divided into thirteen chapters, with each chapter dealing with a different subject related to
women, gender, and crime. Each chapter begins with an introduction to the issues raised within each topic
and summarizes some of the basic themes related to the subject area. Each chapter also includes case studies
on critical issues or current events related to the topic. Each introductory essay concludes with a discussion of
the policy implications related to each topic. These thirteen chapters include
Women, Gender, and Crime: Introduction
Theories of Victimization
Women, Gender, and Victimization: Rape and Sexual Assault
Women, Gender, and Victimization: Intimate Partner Abuse and Stalking
International Issues in Gender-Based Violence
Women, Gender, and Offending
Girls, Gender, and Juvenile Delinquency
Female Offenders and Their Crimes
Processing and Sentencing of Female Offenders
The Supervision of Women: Community Corrections, Rehabilitation, and Reentry
Women, Gender and Incarceration
Women Professionals and the Criminal Justice System: Police, Corrections, and Offender Services
Women Professionals and the Criminal Justice System: Courts and Victim Services
The first chapter provides an introduction and foundation for the book. In setting the context for the book,
this chapter begins with a review of the influence of feminism on the study of crime. The chapter looks at the
different types of data sources that are used to assess female offending and victimization. The chapter
concludes with a discussion on feminist methodology and how it can contribute to the discussions of Women,
gender, and crime. The Spotlight in this chapter highlights the role of gender within the study of criminology.
The second chapter begins with a review of the victim experience in the criminal justice system. This chapter
highlights the experience of help seeking by victims and the practice of victim blaming. The chapter then
turns to a discussion of victimization and focuses on how fear about victimization is a gendered experience.
The chapter then turns to the discussion of victimization and how theories seek to understand the victim
experience and place it within the larger context of the criminal justice system and society in general. The
Spotlights in this chapter look at the issue of victim rights in Mexico and the femicides of women along the
border cities, and cases of kidnapping involving women and girls.
The third chapter focuses on the victimization of women by crimes of rape and sexual assault. From historical
issues to contemporary standards in the definition of sexual victimization, this chapter highlights the various
forms of sexual assault and the role of the criminal justice system in the reporting and prosecution of these
crimes, and the role of victims in the criminal justice system. This chapter also looks at critical issues such as
campus sexual assault, sexual violence in the LGBTQ communities, and racial and ethnic issues in sexual
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assault. The Spotlights in this chapter look at issues of rape culture and sexual assault within the military.
The fourth chapter presents the discussion of victimization of women in cases of intimate partner abuse and
stalking. A review of the legal and social research on intimate partner violence addresses a multitude of issues
for victims, including the barriers to leaving a battering relationship. This chapter also highlights how
demographics such as race, sexuality, and immigration status impact the abusive experience.
The fifth chapter focuses on international issues for women and includes discussions on crimes such as human
trafficking, honor-based violence, witch burnings, genital mutilation, and rape as a war crime. The Spotlights
in this chapter look at the issue of witch burnings in Papua New Guinea and the case of Malala Yousafzai.
The sixth chapter focuses on the theoretical explanations of female offending. The chapter begins with a
review of the classical and modern theories of female criminality. While the classical theories often described
women in sexist and stereotypical ways, modern theories of crime often ignored women completely. Recent
research has reviewed many of these theories to assess whether they might help explain female offending. The
chapter concludes with a discussion of gender-neutral theories and feminist criminology. The Spotlights in
this chapter look at the Manson Women as a classical example of strain theory.
Chapter 7 focuses on girls and the juvenile justice system. Beginning with a discussion on the patterns of
female delinquency, this chapter investigates the historical and contemporary standards for young women in
society and how the changing definitions of delinquency have disproportionately and negatively impacted
young girls. The Spotlights in this chapter look at the issue of sexual abuse in confinement, arts programming
for at-risk youth, and listening girls’ voices to assess what girls need from the juvenile justice system.
Chapter 8 deals with women and their crimes. While female crimes of violence are highly sensationalized by
the media, these crimes are rare occurrences. Instead, the majority of female offending is made up of crimes
that are nonviolent in nature or are considered victimless crimes, such as property-based offenses, drug abuse,
and sexually based offenses. The Spotlights in this chapter look at how a typically masculine crime of bank
robbery can be gendered, a discussion of gender and self-defense, and an examination of the case of Michelle
Carter, who was convicted for using text messages to encourage her boyfriend to commit suicide.
The ninth chapter details the historical and contemporary patterns in the processing and sentencing of female
offenders. This chapter highlights research on how factors such as patriarchy, chivalry, and paternalism within
the criminal justice system impact women. The Spotlight in this chapter looks at international perspectives in
the processing of female offenders.
The tenth chapter looks at the experience of women in the community corrections setting. The chapter begins
with a discussion of gender-specific programming and how correctional agents and programs need to address
unique issues for women. The chapter then looks at the role of risk assessment instruments and how they need
to reflect gender differences between male and female offenders. The chapter concludes with a discussion on
the reentry challenges of women exiting from prison. The Spotlight in this chapter looks at life after parole.
Chapter 11 examines the incarceration of women. Here, the text and readings focus on the patterns and
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practices of the incarceration of women. Ranging from historical examples of incarceration to modern-day
policies, this chapter looks at how the treatment of women in prison varies from that of their male
counterparts and how incarcerated women have unique needs based on their differential pathways to prison.
The Spotlights in this chapter look at how California’s experience with realignment has impacted the
incarceration of women, the financial challenges for women while they are in prison, and the Girl Scouts
Beyond Bars program.
Chapter 12 focuses on women who work within criminal justice occupations within traditionally male-
dominated environments: policing and corrections. The Spotlight in this chapter looks at issues of pregnancy
on policing.
Chapter 13 concludes this text with a discussion of women in the legal and victim services fields. The chapter
looks at both women who work as attorneys as well as women in the judiciary. While women are a minority in
this realm of the criminal justice system, women are generally overrepresented within victim services agencies.
Here, gender also plays a significant role both in terms of the individual’s work experiences as well as in the
structural organization of the agency. The Spotlights in this chapter highlight the impact of gender on the
U.S. Supreme Court, women in politics, and the value of self-care for victim services’ workers.
As you can see, this book provides an in-depth look at the issues facing women in the criminal justice system.
Each chapter of this book presents a critical component of the criminal justice system and the role of women
in it. As you will soon learn, gender is a pervasive theme that runs deeply throughout our system, and how we
respond to it has a dramatic effect on the lives of women in society.
There is coverage of critical topics, such as
Representation of women in criminal justice academia
Victim blaming
Multiple marginalities and LGBT populations, including LGBTQ sexual violence
Marital rape and rape as a war crime
Campus sexual assault
Economic abuse
Cyberstalking
Labor trafficking
Women and pretrial release
Challenges faced by female police officers
The increasing number of women in the legal field
Spotlights cover key issues, such as
Victims’ Rights in Mexico
Sexual Victimization at Military Academies
Stalking and College Campuses
The Manson Women
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Life After Parole
Financial Challenges for Incarcerated Women
Pregnancy and Policing
Women in Politics
Self-Care for Victim Advocates
Statistics, graphs, and tables have all been updated to demonstrate the most recent trends in criminology.
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Digital Resources
http://study.sagepub.com/mallicoat3e
The open-access Student Study Site includes the following:
Mobile-friendly eFlashcards reinforce understanding of key terms and concepts that have been outlined
in the chapters.
Mobile-friendly web quizzes allow for independent assessment of progress made in learning course
material.
EXCLUSIVE! Access to certain full-text SAGE journal articles that have been carefully selected for
each chapter.
Web resources are included for further research and insights.
Carefully selected video links feature relevant interviews, lectures, personal stories, inquiries, and other
content for use in independent or classroom-based explorations of key topics.
The password-protected Instructor Resource Site includes the following:
A Microsoft® Word® test bank is available containing multiple choice, true/false, short answer, and
essay questions for each chapter. The test bank provides you with a diverse range of prewritten options
as well as the opportunity for editing any question and/or inserting your own personalized questions to
effectively assess students’ progress and understanding.
Editable, chapter-specific Microsoft® PowerPoint® slides offer you complete flexibility in easily
creating a multimedia presentation for your course. Highlight essential content, features, and artwork
from the book.
Lecture notes summarize key concepts on a chapter-by-chapter basis to help with preparation for
lectures and class discussions.
Sample course syllabi for semester and quarter courses provide suggested models for use when creating
the syllabus for your courses.
EXCLUSIVE! Access to certain full-text SAGE journal articles that have been carefully selected for
each chapter. Each article supports and expands on the concepts presented in the chapter.
Web resources are included for further research and insights.
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http://study.sagepub.com/mallicoat3e
Acknowledgments
I have to give tremendous thanks to Jessica Miller, acquisitions editor for the Criminology and Criminal
Justice Division at SAGE Publications. I am also deeply thankful to Jerry Westby and Craig Hemmens, who
created the opportunity for me to become involved in this project many years ago. Special thanks as well to the
staff at SAGE Publications who have also helped breathe life into this book.
Throughout my career, I have been blessed with amazing colleagues and mentors. I am so appreciative of your
love and support. Your wisdom and friendship inspires me every day to be a better scholar, teacher, and
human being. I also have to give thanks to my amazing network of friends from the Division on Women and
Crime and the Division on People of Color and Crime. I am honored to get to work in an environment that is
caring and supportive of my adventures in research and scholarship.
Finally, I am deeply indebted to my family for their love, support, and care and their endless encouragement
for my adventures in academia and beyond.
SAGE Publications gratefully acknowledges the contributions of the following reviewers for this third edition:
Dr. Dorinda L. Dowis, Professor, Columbus State University
Leah Grubb, Georgia Southern University
Susan L. Wortmann, Nebraska Wesleyan University
Sandra Pavelka, PhD, Florida Gulf Coast University
Katherine J. Ely, Lock Haven University
Reviewers for the second edition:
Kathleen A. Cameron, Pittsburgh State University
Dorinda L. Dowis, Columbus State University
Katherine J. Ely, Lock Haven University
Allison J. Foley, Georgia Regents University
Bob Lilly, Northern Kentucky University
Johnnie Dumas Myers, Savannah State University
Sue Uttley-Evans, University of Central Lancashire
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Chapter 1 Women, Gender, and Crime Introduction
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Chapter Highlights
Introduction to women as victims, offenders, and workers in the criminal justice system
The emergence of feminism in criminology
Data sources that estimate female offending and victimization rates
The contributions of feminist methodologies in understanding issues about women and crime
Since the creation of the American criminal justice system, the experiences of women either have been
reduced to a cursory glance or have been completely absent. Gendered justice, or rather injustice, has prevailed
in every aspect of the system. The unique experiences of women have historically been ignored at every turn—
for victims, for offenders, and even for women who have worked within its walls. Indeed, the criminal justice
system is a gendered experience.
Yet the participation of women in the system is growing in every realm. Women make up a majority of the
victims for certain types of crimes, particularly when men are the primary offender. These gendered
experiences of victimization appear in crimes such as rape, sexual assault, intimate partner abuse, and stalking,
to name a few. While women suffer in disproportionate ways in these cases, their cries for help have
traditionally been ignored by a system that many in society perceive is designed to help victims. Women’s
needs as offenders are also ignored because they face a variety of unique circumstances and experiences that are
absent from the male offending population. Traditional approaches in criminological theory and practice have
been criticized by feminist scholars for their failure to understand the lives and experiences of women
(Belknap, 2007). Likewise, the employment of women in the criminal justice system has been limited, because
women were traditionally shut out of many of these male-dominated occupations. As women began to enter
these occupations, they were faced with a hyper-masculine culture that challenged the introduction of women
at every turn. While the participation of women in these traditionally male-dominated fields has grown
significantly in modern-day times, women continue to struggle for equality in a world where the effects of the
“glass ceiling” continue to pervade a system that presents itself as one interested in the notion of justice
(Martin, 1991).
In setting the context for the book, this chapter begins with a review of the influence of feminism on the study
of crime. Following an introduction of how gender impacts victimization, offending, and employment
experiences in the criminal justice system, the chapter presents a review of the different data sources and
statistics within these topics. The chapter concludes with a discussion on the research methods used to
investigate issues of female victimization, offending, and work in criminal justice-related fields.
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The Influence of Feminism on Studies of Women, Gender, and Crime
As a student, you may wonder what feminism has to do with the topic of women and crime. Feminism plays a
key role in understanding how the criminal justice system responds to women and women’s issues. In doing
so, it is first important that we identify what is meant by the term woman. Is “woman” a category of sex or
gender? Sometimes, these two words are used interchangeably. However, sex and gender are two different
terms. Sex refers to the biological or physiological characteristics of what makes someone male or female.
Therefore, we might use the term sex to talk about the segregation of men and women in jails or prison. In
comparison, the term gender refers to the identification of masculine and feminine traits, which are socially
constructed terms. For example, in early theories of criminology, female offenders were often characterized as
masculine, and many of these scholars believed that female offenders were more like men than women. While
sex and gender are two separate terms, the notions of sex and gender are interrelated within the study of
women and crime. Throughout this book, you will see examples of how sex and gender both play an
important role in the lives of women in the criminal justice system.
The study of women and crime has seen incredible advances throughout the 20th and 21st century. Many of
these changes are a result of the social and political efforts of feminism. The 1960s and 1970s shed light on
several significant issues that impacted many different groups in society, including women. The momentum of
social change as represented by the civil rights and women’s movements had significant impacts for society,
and the criminal justice system was no stranger in these discussions. Here, the second wave of feminism
expanded beyond the focus of the original activists (who were concerned exclusively about women’s suffrage
and the right to vote) to topics such as sexuality, legal inequalities, and reproductive rights. It was during this
time frame that criminology scholars began to think differently about women and offending. Prior to this
time, women were largely forgotten in research about crime and criminal behavior. When they were
mentioned, they were relegated to a brief footnote or discussed in stereotypical and sexist ways. Given that
there were few female criminologists (as well as proportionally few female offenders compared to the number
of male offenders), it is not surprising that women were omitted in this early research about criminal behavior.
Some of the first feminist criminologists gained attention during the 1960s and 1970s. The majority of these
scholars were focused primarily on looking at issues of equality and difference between men and women in
terms of offending and responses by the criminal justice system. Unfortunately, these liberal feminists focused
only on gender and did not include discussions that reflected a multicultural identity. Such a focus resulted in
a narrow view of the women that were involved in crime and how the system responded to their offending. As
Burgess-Proctor (2006) notes,
By asserting that women universally suffer the effects of patriarchy, the dominance approach rests
on the dubious assumption that all women, by virtue of their shared gender, have a common
“experience” in the first place. . . . It assumes that all women are oppressed by all men in exactly the
same ways or that there is one unified experience of dominance experienced by women. (p. 34)
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While second-wave feminism focused on the works by these White liberal feminists, third-wave feminism
addresses the multiple, diverse perspectives of women, such as race, ethnicity, nationality, and sexuality. With
these new perspectives in hand, feminist criminologists began to talk in earnest about the nature of the female
offender and began to ask questions about the lives of women involved in the criminal justice system. Who is
she? Why does she engage in crime? And, perhaps most important, how is she different from the male
offender, and how should the criminal justice system respond to her?
Photo 1.1 The icon of Lady Justice represents many of the ideal goals of the justice system,
including fairness, justice, and equality.
©iStock/PatrickPoendl
As feminist criminologists began to encourage the criminal justice system to think differently about female
offenders, feminism also encouraged new conversations about female victimization. The efforts of second- and
third-wave feminism brought increased attention to women who were victims of crime. How do women
experience victimization? How does the system respond to women who have been victims of a crime? How
have criminal …
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