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1C H A P T E R Women, Gender, and Crime

Introduction

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 popula- tion. 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

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2 Women, GenDer, anD CrIme: Core ConCepTs

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 victimi- zation, offending, and work in criminal justice-related fields.

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 bio- logical 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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Chapter 1  Women, Gender, and Crime: Introduction 3

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?

As feminist criminologists began to encourage the criminal jus- tice 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 victimi- zation? How does the system respond to women who have been victims of a crime? How have criminal justice systems and policies responded to the victimization of women? Indeed, there are many crimes that are inherently gendered that have historically been ignored by the criminal justice system.

Feminism also brought a greater participation in the workforce in general, and the field of criminal justice was no exception. Scholars were faced with questions regarding how gender impacts the way in which women work within the police department, correctional agencies, and the legal system. What issues do women face within the context of these occupations? How has the participation of women in these fields affected the experiences of women who are victims and offenders?

Today, scholars in criminology, criminal justice, and related fields explore these issues in depth in an attempt to shed light on the population of women in the criminal justice system. While significant gains have been made in the field of feminist criminology, scholars within this realm have suggested that “without the rise of feminisms, schol- arly concerns with issues such as rape, domestic assault, and sex work—let alone recent emphases on intersectional- ity and overlapping biases of race, class, sexualities, and gender—would arguably never have happened” (Chancer, 2016, p. 308). Consider the rise of black feminist criminology, which looks at how the relationship between race, gender, and other issues of oppression create multiple marginalities for women of color (Potter, 2015).

Like many other fields, the academy has historically been a male-dominated profession. Yet the number of women faculty has grown significantly over the past four decades. This is also true in the academic study of crime and the criminal justice system. While the number of men in senior faculty positions outnumbers women, the presence of women entering the academy is growing. In 2007, 57% of doctoral students were female (Frost & Clear, 2007). This marks a significant trend for a field (practitioners and the academy) that has been historically, and continues to be, dominated by men.

Spotlight on Women and the Academy

(Continued)

▲ Photo 1.1 The icon of Lady Justice represents many of the ideal goals of the justice system, including fairness, justice, and equality.

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4 Women, GenDer, anD CrIme: Core ConCepTs

as a national organization, the roots of the american society of Criminology date back to 1941. The found- ing members of the organization were all male (asC, n.d.). It was not until 1975 that the annual conference showcased a panel on women and crime. even with the growing interest in female crime and victimization, not to mention an increase in the number of female scholars, the majority of the association members questioned whether gender was a valuable variable to study. In response to these challenges, a small group of female schol- ars combined their efforts to lobby for more panels on the study of women and crime. In 1984, the Division on Women and Crime was instituted as an official branch of the american society of Criminology. Today, the Division is the largest division of the asC, with 384 members in 2012.

as a result of the work of these early female criminologists, the number of panels and papers presented annually on issues related to gender and crime research has grown substantially and includes discussions related to offending, victimization, and employment issues within the criminal justice system. Between 1999 and 2008, there were 3,050 (16.13%) presentations on themes related to the study of women and crime. The top five topic areas of these presentations include (1) domestic violence/intimate partner violence, (2) gender-specific programming and policies, (3) gender differences in criminal behavior, (4) victimization of women, and (5) interna- tional perspectives on women and crime (Kim & merlo, 2012).

While much of the work of feminist criminology involves female scholars, there are also men who in- vestigate issues of gender and crime. at the same time, there are female scholars whose work does not look at issues of gender. over the past decade, a body of work has looked at the productivity of criminologists and in particular how female scholars compare to male scholars. While men publish more than women, the gender gap on publishing is reduced when we take into account the length of time in the academy, because the men generally report a longer career history (snell, sorenson, rodriguez, & Kuanliang, 2009). However, achieving gender equity is a long road. a review of three of the top publications in criminology and criminal justice from 2013 notes that while women are well represented as first authors in Justice Quarterly (45.2%) and Theoretical Criminology (40.7%), they are underrepresented in Criminology (28.6%) (Chesney-Lind & Chagnon, 2016). research by female authors is also less likely to be cited. a review of research publications in the field for the past 2 years notes that white men are most likely to have their work cited in subse- quent research (77.1%) compared to white women (12.4%), while both men and women of color are rarely likely to find their research referenced by others (men of color = 1.3%; women of color = 0.7%) (Kim & Hawkins, 2013). Indeed the rise of female scholars led some researchers to note that the future of the “most productive and influential scholars will have a more markedly feminine quality” (rice, Terry, miller, & ackerman, 2007, p. 379).

Women are also becoming more active in the leadership roles within these academic organizations. What was once a “boys club” now reflects an increase in the participation of women on the executive boards as well as officer positions within the organization. Between 2014 and 2018, four of the five presidents of the american society of Criminology were women—Joanne Belknap, Candace Kruttschnitt, ruth peterson, and Karen Heimer. Women are also being elected to the highest position within the academy of Criminal Justice sciences, where four women have served as president since 2000, and nicole piquero has been elected for 2018. Female criminol- ogists have also chipped away at the glass ceiling at the national level with the appointment of nancy rodriguez as Director of the national Institute of Justice in 2014.

While feminist scholars have made a significant impact on the study of crime over the past 40 years, there are still several areas where additional research is needed.

(Continued)

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Chapter 1  Women, Gender, and Crime: Introduction 5

Women, Gender, and Crime How does the criminal justice system respond to issues of gender? While there have been significant gains and improvements in the treatment of women as victims, offenders, and workers within the criminal justice system and related fields, there is still work to be done in each of these areas.

Women as Victims of Violence The experience of victimization is something that many women are intimately familiar with. While men are more likely to be a victim of a crime, women compose the majority of victims of certain forms of violent crime. In addi- tion, women are most likely to be victimized by someone they know. In many cases when they do seek help from the criminal justice system, charges are not always filed or are often reduced through plea bargains, resulting in offend- ers receiving limited (if any) sanctions for their criminal behavior. Because of the sensitive nature of these offenses, victims can find their own lives put on trial to be criticized by the criminal justice system and society as a whole. Based on these circumstances, it is no surprise that many women have had little faith in the criminal justice system. You’ll learn more about the experience of victimization in Chapter 2.

Women who experience victimization have a number of needs, particularly in cases of violent and personal vic- timization experiences. While these cases can involve significant physical damage, it is often the emotional violence that can be equally, if not more, traumatic for victims to deal with. While significant gains have been made by the criminal justice system, the high needs of many victims, coupled with an increased demand for services, means that the availability of resources by agencies such as domestic violence shelters and rape crisis centers are often limited. You’ll learn more about the experience of women in crimes such as rape, sexual assault, intimate partner violence, and stalking in Chapters 3 and 4, while Chapter 5 highlights issues of victimization of women around the globe.

Women Who Offend How do female offenders compare to male offenders? When scholars look at the similarities and differences between the patterns of male and female offending, they are investigating the gender gap. What does this research tell us? We know that men are the majority of offenders represented for most of the crime categories, minus a few exceptions. Gender gap research tells us that the gender gap, or difference between male and female offending, is larger in cases of serious or vio- lent crimes, while the gap is narrower for crimes such as property and drug related offenses (Steffensmeier & Allan, 1996).

While men are more likely to engage in criminal acts, women offenders dominate certain categories of criminal behavior. One example of this phenomenon is the crime of prostitution. Often called a victimless crime, prostitution is an offense where the majority of arrests involve women. Status offenses are another category where girls are overrepre- sented. Status offenses are acts that are considered criminal only because of the offender’s age. For example, the consump- tion of alcohol is considered illegal only if you are under a designated age (generally 21 in the United States). Chapter 8 highlights different offense types and how gender is viewed within these offenses. A review of these behaviors and offend- ers indicates that most female offenders share a common foundation—one of economic need, addiction, and abuse.

Gender also impacts the way that the criminal justice system responds to offenders of crime. Much of this atten- tion comes from social expectations about how women “should” behave. When women engage in crime (particu- larly violent crimes), this also violates the socially proscribed gender roles for female behavior. As a result, women in these cases may be punished not only for violating the law but also for violating the socially proscribed gender roles. In Chapter 9, you’ll learn more about how women can be treated differently by the criminal justice system as a result of their gender. As more women have come to the attention of criminal justice officials, and as policies and practices for handling these cases have shifted, more women are being sent to prison rather than being supervised in

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6 Women, GenDer, anD CrIme: Core ConCepTs

the community. This means that there is a greater demand on reentry programming and services for women. These collateral consequences in the incarceration of women are far reaching, because the identity as an ex-offender can threaten a woman’s chances for success long after she has served her sentence.

The Intersection of Victimization and Offending One of the greatest contributions of feminist criminology is the acknowledgment of the relationship between vic- timization and offending. Research has consistently illustrated that a history of victimization of women is a common factor for many women offenders. Indeed, a review of the literature finds that an overwhelming majority of women in prison have experienced some form of abuse—physical, psychological, or sexual—and in many cases, are victims of long-term multiple acts of violence. Moreover, not only is there a strong relationship that leads from victimization to offending but the relationship between these two variables continues also as a vicious cycle. For example, a young girl who is sexually abused by a family member runs away from home. Rather than return to her abusive environ- ment, she ends up selling her body as a way to provide food, clothing, and shelter because she has few skills to legiti- mately support herself. As a result of her interactions with potentially dangerous clients and pimps, she continues to endure physical and sexual violence and may turn to substances such as alcohol and drugs to numb the pain of the abuse. When confronted by the criminal justice system, she receives little if any assistance to address the multiple issues that she faces as a result of her life experiences. In addition, her criminal identity now makes it increasingly difficult to find valid employment, receive housing and food benefits, or have access to educational opportunities that could improve her situation. Ultimately, she ends up in a world where finding a healthy and sustainable life on her own is a difficult goal to attain. You will learn more about these challenges in Chapters 10 and 11 and how the criminal justice system punishes women for these crimes.

Women and Work in the Criminal Justice System While much of the study of women and crime focuses on issues of victimization and offending, it is important to consider how issues of sex and gender impact the work environment, particularly for those who work within the justice system. Here, the experiences of women as police and correctional officers, victim advocates, probation and parole case managers, and lawyers and judges provide valuable insight on how sex and gender differences affect women. Just as the social movements of the 1960s and 1970s increased the attention on female offenders and vic- tims of crime, the access to opportunities for work within the walls of criminal justice expanded for women. Prior to this era of social change, few women were granted access to work within these occupations. Even when women were present, their duties were significantly limited compared to those of their male counterparts, and their opportunities for advancement were essentially nonexistent. In addition, these primarily male workforces resented the presence of women in “their” world. Gender also has a significant effect for fields that are connected to criminal justice. One example of this is found within the field of victim services, which has typically been viewed as women’s work.

Women continue to face a number of sex- and gender-based challenges directly related to their status as women, such as on-the-job sexual harassment, work-family balance, maternity, and motherhood. In addition, research reflects on how women manage the roles, duties, and responsibilities of their positions within a historically masculine environment. The experience of womanhood can impact the work environment, both personally and culturally. You’ll learn more about these issues in Chapters 12 and 13 of this book.

Data Sources on Women as Victims and Offenders To develop an understanding of how often women engage in offending behaviors or the frequency of vic- timizations of women, it is important to look at how information about crime is gathered. While there is no one dataset that tells us everything that we want to know about crime, we can learn something from each

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Chapter 1  Women, Gender, and Crime: Introduction 7

source because they each represent different points of view. Datasets vary based on the type of information collected (quantitative and/or qualitative), who manages the dataset (such as government agencies, professional scholar, community organization), and the purpose for the data collection. Finally, each dataset repre- sents a picture of crime for a specific popula- tion, region, and time frame, or stage, of the criminal justice system.

The Uniform Crime Reports (UCR) rep- resents one of the largest datasets on crime in the United States. The Federal Bureau of Investigations (FBI) is charged with collecting and publishing the arrest data from over 17,000 police agencies in the United States. These statistics are published annually and present the rates and volume of crime by offense type, based on arrests made by police. The dataset includes a number of demographic variables to evaluate these crime statistics, including age, gender, race/ ethnicity, location (state), and region (metropolitan, suburban, or rural).1

UCR data give us a general understanding of the extent of crime in the United States and are often viewed as the most accurate assessment of crime. In addition, the UCR data allow us to compare how crime changes over time, because it allows for the comparison of arrest data for a variety of crimes over a specific time frame (e.g., 1990–2000) or from one year to the next. Generally speaking, it is data from the UCR findings that are typically reported to the greater society through news media outlets and that form the basis for headline stories that proclaim the rising and falling rates of crime.

A review of arrest data from the UCR indicates that the overall levels of crime for women decreased 11.8% between 2006 and 2015. For the same time period, the number of arrests for men declined 25.6%. Such results might lead us to question why the percentage of men involved in crime decreased at more than twice the percentage of female arrests. To understand this issue, we need to take a deeper look. Figure 1.1 and Table 1.1 illustrate the UCR data on arrest trends for men and women for 2006 and 2015. In 2006, the UCR shows that women made up 23.8% of all arrests (8,676,456 total number of arrests, with women accounting for 2,070,999 arrests). In contrast, 2015 UCR data indicate that 8,739,363 arrests were made, and women accounted for 27.0% of these arrests (2,140,934) (Crime in the United States 2012 [CIUS], 2012). Note that while the number of arrests involving women decreased by approximately almost a quarter of a million arrests (244,835), the total number of arrests over the decade decreased by almost 800,000. This change notes that while both the proportion of men and women decreased, the rate of male arrests decreased at a greater rate than that of women between these two time periods.

When assessing trends in crime data, it is important to consider the time period of evaluation, because this can alter your results. While both the 10-year and 1-year overall arrest trends demonstrate a decrease for both women and men, the data for 2015 demonstrates areas where arrests increased for women compared to men (and vice versa) compared to 2014. Figure 1.2 and Table 1.2 demonstrate the arrest trends for these 2 years. The proportion of crime involving men fell 3.7%, while the proportion for women decreased 2.9%, indicating that the proportion of men arrested is similar to that of women between these 2 years. While this gives us a picture of overall crime trends, we see the picture differently when we look at the trends for specific crime categories. Here, a deeper look at the

1Up-to-date statistical reports on crime data from the Uniform Crime Reports can be accessed at http://www.fbi.gov/ucr/ucr.htm

ages

▲ Photo 1.2 Most official crime statistics, such as the Uniform Crime Reports, are based on arrest data.

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8 Women, GenDer, anD CrIme: Core ConCepTs

Figure 1.1 • 10-Year UCR Arrest Trends

SOURCE: Crime in the United States 2015 (CIUS), 2015.

6,605,457

4,913,199

2,070,999 1,826,164

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

2006 2015

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Men Women

2006 2015 % Change 2006 2015 % Change

All arrests 6,605,457 4,913,199 –25.6 2,070,999 1,826,164 –11.8

Violent crime 297,166 244,197 –17.8 64,235 61,780 –3.8

Homicide 6,292 5,463 –13.2 812 738 –9.1

Rape* 13,932 13,546 – 188 409 –

Robbery 60,460 46,060 –23.8 7,977 7,943 –0.4

Aggravated assault 216,482 179,138 –17.3 55,258 52,690 –4.6

Property crime 645,926 576,178 –10.8 304,581 366,152 +20.2

Burglary 159,767 110,416 –30.9 28,355 26,049 –8.1

Larceny-theft 418,187 424,956 +1.6 261,103 328,713 +25.9

Motor vehicle theft 59,234 36,177 –38.9 13,416 10,286 –23.3

Arson 8,738 4,633 –47.0 1,707 1,104 –35.3

SOURCE: Crime in the United States 2015 (CIUS), 2015.

NOTE: 9,581 agencies reporting; 2015 estimated population 199,921,204; 2006 estimated population 186,371,331.

*The 2006 rape figures are based on the legacy definition, and the 2015 rape figures are aggregate totals based on both the legacy and revised UCR reporting definition.

Table 1.1 • 10-Year UCR Arrest Trends

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Chapter 1  Women, Gender, and Crime: Introduction 9

data shows that violent crime increased for both men and women while property crime declined for both groups. However, these changes were minor. In addition, there were no gender differences for specific crime categories. When the percentage of men involved in burglary decreased, it also decreased for women. When the percentage of men involved in aggravated assault increased for men, it also increased for women.

While the UCR data can illustrate important trends in crime, the reporting of UCR data as the true extent of crime is flawed for the majority of the crime categories (with the exception of homicide), even though these data represent arrest statistics from approximately 95% of the population. Here, it is important to take several issues into consideration. First, the UCR data represent statistics on only those crimes that are reported to the police. As a result, the data are dependent on both what police know about criminal activity and how they use their discretion in these cases. If the police are not a witness to a crime or are not called to deal with an offender, they cannot make an arrest. Arrests are the key variable for UCR data. This means that unreported crimes are not recognized in these statistics. Sadly, many of the victimization experiences of women, such as intimate partner abuse and sexual assault, are significantly underreported and therefore do not appear within the UCR data.

Second, the UCR collects data only on certain types of crime (versus all forms of crime). The classification of crime is organized into two different types of crime: Part 1 offenses and Part 2 offenses. Part 1 offenses, known as index crimes, include eight different offenses: aggravated assault, forcible rape, murder, robbery, arson, burglary, larceny-theft, and motor vehicle theft. However, these categories may have limited definitions that fail to capture the true extent of arrests made for these crimes. Consider the category of rape. Historically, the UCR defined forcible rape as “the carnal knowledge of a female forcibly and against her will” (CIUS, 2012, para. 1). While the UCR also collects data on attempted rape by force or threat of force within this category, the definition failed to capture the magnitude of sexual assaults, which may not involve female victims or may involve other sexual acts beyond vaginal penetration. In January 2012, the FBI announced a revised definition for the crime of rape to include “the penetra- tion, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim” (FBI, 2012a, para. 1). This new definition went into effect in January 2013. Not only does the new law allow for both males and females to be identified as victims or offenders

Figure 1.2 • 1-Year UCR Arrest Trends

SOURCE: Crime in the United States 2012 (CIUS), 2015.

5,819,530 5,603,363

2,148,404 2,086,392

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

2014 2015

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Men Women

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10 Women, GenDer, anD CrIme: Core ConCepTs

but it also allows the UCR to include cases where the victim either was unable or unwilling to consent to sexual activ- ity (for example, in cases involving intoxication). In addition, the new definition removes the requirement of force. As a result of these changes, the category of rape will now capture a greater diversity of sexual assaults. This new definition is more in line with the variety of laws related to rape and sexual assault that exist for each state. With this change in how these sexually based offenses are counted, it is not currently possible to compare data on the number of these cases prior to 2012. Over time, these changes will help present a more accurate picture of the prevalence of rape and sexual assault in society.

Third, the reporting of the crimes to the UCR is incomplete, because only the most serious crime is reported in cases where multiple crimes are committed during a single criminal event. These findings skew the understanding of the prevalence of crime, because several different offenses may occur within the context of a single crime incident. For example, a crime involving physical battery, rape, and murder is reported to the UCR by the most serious crime, murder. As a result, the understanding of the prevalence of physical battery and rape is incomplete.

Fourth, the reporting of these data is organized annually, which can alter our understanding of crime as police agencies respond to cases. For example, a homicide that is committed in one calendar year may not be solved with an arrest and conviction until the following calendar year. This might initially be read as an “unsolved crime” in the first year but as an arrest in the subsequent year.

Finally, the participation by agencies in reporting to the UCR has fluctuated over time. While there are no federal laws requiring agencies to report their crime data, many states today have laws that direct law enforcement agencies to comply with UCR data collection. For example, notice how there were 11,437 agencies that reported data

Men Women

2014 2015 % Change 2014 2015 % Change

All arrests 5,819,530 5,603,363 –3.7 2,148,404 2,086,392 –2.9

Violent crime 283,298 287,487 +1.5% 72,463 73,754 –1.8

Homicide 6,201 6,639 +7.1 843 880 +4.4

Forcible rape 14,563 15,453 +6.1 428 481 +12.4

Robbery 55,379 56,502 +2.0 9,233 9,636 +4.4

Aggravated assault 207,155 208,893 +0.8 61,959 62,757 +1.3

Property crime 686,290 648,880 –5.5 430,517 405,792 –5.7

Burglary 140,035 126,630 –9.6 31,402 29,789 –5.1

Larceny-theft 503,460 475,551 –5.5 388,081 363,323 –6.4

Motor vehicle theft 37,311 41,807 +12.1 9,716 11,508 +18.4

Arson 5,484 4,892 –10.8 1,318 1,172 –11.1

SOURCE: Crime in the United States 2012 (CIUS), 2015.

NOTE: 11,437 agencies reporting; 2015 estimated population 229,446,072; 2014 estimated population 228,153,502.

Table 1.2 • 1-Year UCR Arrest Trends

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Chapter 1  Women, Gender, and Crime: Introduction 11

in 2014 and 2015, but only 9,581 agencies that reported their arrest data in both 2006 and 2015. However, this means that the analyzers of crime trends over time need to take into consideration the number of agencies involved in the reporting of crime data. Failure to do so could result in a flawed analysis of crime patterns over time.

These flaws of UCR data can have significant implications for members of society about the understanding of crime data. Most of us get our information about crime from news headlines or other media reports about crime. These 30-second clips about crime rates do little to explain the intricate nature of UCR data definitions and col- lection practices. Indeed, when the UCR was first assigned to the FBI, early scholars commented, “In light of the somewhat questionable source of the data, the Department of Justice might do more harm than good by issuing the Reports” (Robison, 1966, p. 1033).

In an effort to develop a better understanding of the extent of offending, the National Incident-Based Reporting System (NIBRS) was implemented in 1988. Rather than compile monthly summary reports on crime data in their jurisdictions, agencies now forward data to the FBI for every crime incident. The NIBRS catalog involves data on 22 offenses categories and includes 46 specific crimes known as Group A offenses. Data on 11 lesser offenses (Group B offenses) are also collected. In addition to an increased diversity in the types of crimes that data are collected on, the NIBRS abolished the hierarchy rule that was part of the UCR. This means that cases that involve more than one specific offense will now count all the different offenses that are reported and not just the most serious event. In addition, NIBRS data are collected on both completed as well as attempted crimes.

Overall, NIBRS allows for a more comprehensive understanding of crime in terms of the types of crimes that we collect information about and the data that is collected on these offenses. In 2015, NIBRS data noted that 63.3% of offenders were male, 25.7% were female (while gender was unknown in 11.0% of cases). NIBRS also tells us that half of vic- tims in these crimes were women (50.9%). The majority of victims knew the perpetrator(s) (52.3%), and an additional 24.8% of victims were related to the offender (NIBRS, 2016a). Figure 1.3 and Table 1.3 shows the NIBRS arrest data

Figure 1.3 • NIBRS 2015 Data by Sex

SOURCE: NIBRS (2016b).

71.7 73.3 63.1

75.6 73.1

28.3 26.7 36.9

24.4 26.9

0 10 20 30 40 50 60 70 80 90

100

Total Crimes Against Persons

Crimes Against Property

Crimes Against Society

Group B Offenses

P e rc

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Male Female

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12 Women, GenDer, anD CrIme: Core ConCepTs

Male % Female %

Total 2,208,567 71.7% 873,042 28.3%

Crimes Against Persons 323,371 73.3% 117,955 26.7%

Assault Offenses 302,144 72.2% 116,390 27.8%

Homicide Offenses 2,380 87.1% 353 12.9%

Human Trafficking Offenses 6 75.0% 2 25.0%

Kidnapping/Abduction 5,469 89.2% 663 10.8%

Sex Offenses 11,877 96.5% 427 3.5%

Sex Offenses, Nonforcible 1,495 92.6% 120 7.4%

Crimes Against Property 359,557 63.1% 210,006 36.9%

Arson 1,719 80.1% 426 19.9%

Bribery 124 70.1% 53 29.9%

Burglary/Breaking & Entering 39,801 84.2% 7,459 15.8%

Counterfeiting/Forgery 9,107 63.0% 5,354 37.0%

Destruction/Damage/Vandalism 43,708 78.4% 12,024 21.6%

Embezzlement 2,797 45.3% 3,380 54.7%

Extortion/Blackmail 171 73.7% 61 26.3%

Fraud Offenses 20,248 61.6% 12,615 38.4%

Larceny/Theft Offenses 196,601 55.4% 158,008 44.6%

Motor Vehicle Theft 12,768 78.7% 3,461 21.3%

Robbery 15,933 85.4% 2,720 14.6%

Stolen Property Offenses 16,580 78.9% 4,445 21.1%

Crimes Against Society 358,854 75.6% 115,805 24.4%

Drug/Narcotic Offenses 324,869 75.0% 108,555 25.0%

Gambling Offenses 432 82.0% 95 18.0%

Pornography/Obscene Material 1,639 84.7% 295 15.3%

Prostitution Offenses 3,869 47.9% 4,211 52.1%

Weapon Law Violations 28,045 91.4% 2,649 8.6%

Table 1.3 • NIBRS 2015 Data by Sex

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Chapter 1  Women, Gender, and Crime: Introduction 13

Male % Female %

Total 2,208,567 71.7% 873,042 28.3%

Group B Offenses 1,166,785 73.1% 429,276 26.9%

Bad Checks 3,717 48.4% 3,969 51.6%

Curfew/Loitering/Vagrancy Violations 9,567 71.3% 3,851 28.7%

Disorderly Conduct 82,781 71.7% 32,656 28.3%

Driving Under the Influence 228,773 74.5% 78,204 25.5%

Drunkenness 80,625 79.5% 20,851 20.5%

Family Offenses, Nonviolent 20,212 71.3% 8,134 28.7%

Liquor Law Violations 66,333 70.8% 27,358 29.2%

Peeping Tom 289 92.9% 22 7.1%

Trespass of Real Property 58,830 77.9% 16,689 22.1%

All Other Offenses 615,658 72.2% 237,542 27.8%

SOURCE: NIBRS (2016b).

for men and women in 2015. Comparing these two sources of data, we find similar results in the number of arrests for women and men. While UCR data shows that women made up 27.1% of all arrests in 2015, NIBRS data notes that 28.3% of all arrests involved women. Similarities are also noted when we can compare like-defined categories. For example., women make up 11.7% of all homicide arrests in the UCR. In NIBRS, they make up 12.9% of arrests. In cases of larceny- theft, UCR data notes that women are 43.3% of all arrests. In NIBRS, women are 44.6% of arrests.

However, the transition of agencies to the NIBRS has been slow. Currently, the data obtained represents 36.1% of the reported crime and 58.1% of all police agencies in the United States. While the NIBRS is an improvement over the UCR, this system still carries over a fatal flaw from the UCR in that both are limited to reported crimes. In spite of this, it is hoped that the improvements in official crime data collection will allow an increased understanding of the extent of female offending patterns. NIBRS is slated to be fully implemented with all agencies reporting to it by January 1, 2021.

In contrast to the limitations of the UCR and NIBRS datasets, the National Crime Victimization Survey (NCVS) represents the largest victimization study conducted in the United States. National-level victimization data were first collected in 1971 to 1972 as part of the Quarterly Household Survey conducted by the Census Bureau. In 1972, these efforts evolved into the National Crime Survey (NCS), which was designed to supplement the data from UCR and provide data on crime from the victims’ perspective. The NCS was transferred to the Bureau of Justice Statistics in 1979, where the bureau began to evaluate the survey instrument and the data collection process. Following an extensive redesign process, the NCS was renamed the National Crime Victimization Survey in 1991.

The greatest achievement of the NCVS lies in its attempt to fill the gap between reported and unreported crime, often described as the dark figure of crime. The NCVS gathers additional data about crimes committed and gives criminologists a greater understanding of the types of crimes committed and characteristics of the victims. In 2015, the NCVS interviewed 163,880 individuals aged 12 and older in 95,760 households. Based on these survey findings,

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14 Women, GenDer, anD CrIme: Core ConCepTs

the Bureau of Justice Statistics make generalizations to the population regarding the prevalence of victimization in the United States (Truman & Morgan, 2016).

In addition to reporting the numbers of criminal victimizations, the NCVS presents data on the rates of crime. You may ask yourself, “What is a crime rate?” A crime rate compares the number of occurrences of a particular crime to the size of the total population. The NCVS presents its findings in relation to how many instances of the crime per 1,000 people. Crime rates make it easy to understand trends in criminal activity and victimization over time, regardless of changes to the population.

According to the National Crime Victimization Survey, the rate of violent victimization of women in 2002 was 30.7 per 1,000 people. By 2015, the crime rate had fallen to 21.1. Serious violent victimization also saw a signifi- cant decrease from 9.5 (2002) to 6.7 (2011), though in 2015 the rate had rebounded to 8.1 per 1,000 people.2 Table 1.3 highlights the rates of crime for 2015 for violent and serious violent victimization. While NCVS data highlight these decreases, these patterns are not necessarily reflected in the UCR/NIBRS data, because many victims do not report these crimes to the police. With only 46.5% of victims reporting violent crime and 34.6% of victims reporting property crime, the NCVS provides valuable insight about the dark figure of crime that is missing in official crime statistics. This dark figure of crime varies by offense. For example, while 61.9% of cases of aggravated assault were reported, victims reported only 41.7% of simple assault cases. Similar patterns are observed in cases involving prop- erty crimes. While 69% of cases of motor vehicle theft were reported, other thefts were only reported 28.6% of the time (Truman & Morgan, 2016).

Just as the UCR/NIBRS is not the only data source on offending, the NCVS is not the only national-level data source on victimization. A number of different studies investigate victims of crime and how the justice system responds to their victimization. One example of this type of survey is the National Violence Against Women Survey (NVAWS). The NVAWS consisted of a random sample of 8,000 women over the age of 18. The NVAWS was first administered between November 1995 and May 1996 and represented one of the first comprehensive data assessments of violence against women for the crimes of intimate partner abuse, stalking, and sexual assault. Another example is the National Intimate Partner and Sexual Violence Survey (NISVS), which is conducted by the Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control. In 2010,

2Includes rape, sexual assault, robbery, and aggravated assault.

Violent Crime Serious Violent Crime*

Rates Percent Change Rates Percent Change

2002 2010 2015 2002–2015 2010–2015 2002 2010 2015 2002–2015 2010–2015

Total 32.1 19.3 18.6 –42.2 –3.6 10.1 6.6 6.8 –32.7 +3.0

Sex:

Male 33.5 20.1 15.9 –52.5 –20.9 10.4 6.4 5.4 –48.1 –15.6

Female 30.7 18.5 21.1 –31.3 +14.1 9.5 6.8 8.1 -14.7 +19.1

SOURCE: Truman & Morgan (2016).

*Includes rape or sexual assault, robbery, and aggravated assault.

Table 1.4 • NCVS Crime Rates by Sex: 2002, 2010, and 2015

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Chapter 1  Women, Gender, and Crime: Introduction 15

the NISVS included data from 16,507 interviews. The NISVS reports victimization from a variety of crimes, includ- ing sexual assault, intimate partner abuse, and stalking. These findings are then used to create estimates about the extent of crime throughout the United States. Figure 1.4 highlights the lifetime prevalence of rape by race and eth- nicity based on data from the NISVS. These results demonstrate that 1 in 5 White (18.8%) and Black (22%) women and 1 in 7 (14.6%) Hispanic women in the United States have been raped at some point in their lifetime. By break- ing up these data based on race and ethnicity, we can highlight how the issue of rape is even more dramatic within the American Indian/Alaska Native population, where 1 in 4 (26.9%) women experience rape in their lifetime. Unfortunately, we do not know much about how race and ethnicity impact rates of male rape from these data, only to say that less than 1 in 50 (2%) White men are impacted by the crime of rape in their lifetime (Black et al., 2011). Figure 1.5 presents the findings from this study for the crime of sexual assault. Here, we can see that not only are these crimes much more prevalent in general but also that we are able to see differences for both men and women by race/ethnicity. Studies such as these provide valuable data in understanding the experiences of victims (both men and women) that may not be reflected by the NCVS or UCR data.

While the UCR, NIBRS, and NCVS are examples of official data sources in the United States, several exam- ples of international crime surveys can shed light on the nature of crime and victimization in other countries. The Australian Bureau of Statistics (ABS) collects data on arrested individuals throughout Australia. Unlike the UCR, which collects data on a calendar year basis, the ABS data cycle runs from July 1 to June 30. In its 2015–16 cycle, there were 422,067 individuals aged 10 and older processed by the police for eight different offenses (homi- cide, assault, sexual assault, robbery, kidnapping, unlawful entry with intent, motor vehicle theft, and other theft; Australian Bureau of Statistics, 2017). Another example of an official source of crime statistics is the annual report produced by the Bundeskriminalamt (Federal Criminal Police Office of Germany). The Bundeskriminalamt (BKA) statistics include data for all crimes handled by the police. In 2015, of the 6,330,649 crimes reported to the police, 5,927,908 were considered “cleared” or solved. Violent crime represents only 2.9% of crime in Germany. The largest crime category is theft and represents 39.2% of all criminal offenses. Men are much more likely to be considered a

15 15

22 19

0 Hispanic Black White Asian/

Pacific Islander

American Indian/ Alaska Native

Multiracial

Women Men

Figure 1.4 • National Intimate Partner and Sexual Violence Survey: Lifetime Prevalence of Rape of Men and Women by Race/Ethnicity

SOURCE: Black et al. (2011).

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16 Women, GenDer, anD CrIme: Core ConCepTs

suspect by the police in these criminal activities—out of 2,369,036 suspects, only 24.8% are women. Men are also more likely to be victims (59.6%) (BKA, 2015). Australia’s and Germany’s crime statistical agencies are just two examples of official international data sources on criminal offending at the country level. Because of the differences in laws and reporting practices, it is difficult to compare such statistics at a global level. However, there have been attempts to collect basic information on recorded crime across several jurisdictions. The United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (UN-CTS) compiles crime data from a variety of differ- ent sources, including the World Health Organization, Eurostat, and national police organizations from individual countries (to name a few). Their data indicate that there were 378,776 global victims of homicide reported to the police in 2012, or a crime rate of 10 per 100,000 (United Nations Office on Drugs and Crime, 2013). Data is currently being collected for 2016, and the questionnaire is distributed to member nations in six different languages: Arabic, Chinese, English, French, Russian, and Spanish (UNODC, 2017).

Similar to the NCVS, the Crime Survey for England and Wales (CSEW) is administered to a random sample of households and is designed to develop estimates about the rate of crime and victimization in England and Wales. The Crime Survey for England and Wales first began as part of the British Crime Survey in 1984 and included data from Scotland and Northern Ireland. Today, these jurisdictions carry out their own victimization survey though the design and intent of these data collections are similar. In 2015–2016, approximately 35,000 adults and 3,000 children age 10–15 participated in the CSEW. Like the NCVS, the CSEW attempts to shed light on the dark figure of crime by capturing victimizations that may not be reported to the police. In 2013, the Crime Survey for England and Wales estimated that there were approximately 6.2 million incidents of victimization. Approximately three quarters of these crimes (4.7 million) were reported to the police (Office for National Statistics, 2017).

Finally, there are data sources that are collected as part of criminological research. These data typically focus on a particular crime within a particular region. The data can be either quantitative or qualitative (or both) and repre- sent either a snapshot in time or follow a group of individuals over a range of time (longitudinal studies). While the findings of these studies are often not generalizable to the masses, they provide valuable insight about victimization

Figure 1.5 • National Intimate Partner and Sexual Violence Survey: Lifetime Prevalence of Sexual Assault of Men and Women by Race/Ethnicity

SOURCE: Black et al. (2011).

Hispanic Black White Asian/ Paci�c

Islander

American Indian/ Alaska Native

Multiracial

Women Men

36 40

47 49

23 29

16 2021

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Chapter 1  Women, Gender, and Crime: Introduction 17

and offending. Throughout this text, you’ll be exposed to a number of these studies, within both the chapters and the highlighted readings.

In summary, official crime statistics offer only one perspective on the extent of crime in society. While the UCR and NCVS data and other international data sources provide a wealth of statistics about crime, their results are lim- ited. Through the use of these official data programs, combined with self-report studies and victimization surveys, scholars can investigate issues of gender and crime in a variety of different ways. While each source of data has its strengths and weaknesses in terms of the types of data that are collected and the methods that are utilized, together, they provide a wealth of information that is invaluable in understanding the complex nature of gender and crime.

The Contributions of Feminist Methodology to Research on Women, Gender, and Crime One of the criticisms of traditional mainstream criminology (and a central theme of feminist criminology) is that traditional perspectives on crime fail to recognize the intricate details of what it means to be a woman in society. The feminist movement has had a significant effect on how we understand women and their relationships with crime. As a result, the methods by which we conduct research on gender have also evolved. While many scholars who do research on gender engage in quantitative methods of research and analysis, this is not the only approach, particu- larly when dealing with sensitive issues. Here, the influence of feminism can alter the ways in which we conduct research, evaluate data, and make conclusions based on the findings yielded from the research experience. By incor- porating a feminist perspective to the research environment, scholars are able to present a deeper understanding of the realities of women’s lives by placing women and women’s issues at the center of the research process.

The concept of giving women a voice, particularly in situations where they have been historically silenced, is a strong influence on feminist research methods. Many of the research studies in this book draw on feminist research methods. From the conceptualization of the research question to a discussion of which methods of data collection will be utilized and how the data will be analyzed, feminist methods engage in practices that are con- trary to the traditional research paradigms. While the scientific method focuses on objectivity and the collection of data is detached from the human condition, the use of feminist methods requires a paradigm shift from what is traditionally known as research. While many of the researchers who first engaged in research through a feminist lens were women, feminist methodology does not dictate that the gender of the research participant or researcher be a woman. Rather, the philosophy of this method refers to the types of data a researcher is seeking and the pro- cess by which data are obtained (Westervelt & Cook, 2007). Feminist methods are largely qualitative in nature and allow for emotions and values to be present as part of the research process. While some feminist methodologists have criticized the process by which data are often quantified, because it does not allow for the intricate nature and quality of women’s lives to be easily documented, others argue that quantitative data have a role to play within a feminist context. Regardless of the approach, the influence of feminism allows for researchers to collect data from a subject that is theoretically important for their research versus data that are easily categorized (Hessy-Biber, 2004; Reinharz, 1992).

There is no single method of research that is identified as the feminist method. Rather, the concept of feminist methodology refers to the process by which data are gathered and the relationship between the researcher and the subject. This process involves five basic principles: (1) acknowledging the influence of gender in society as a whole (and inclusive of the research process); (2) challenging the traditional relationship between the researcher and the subject and its link to scientific research and the validity of findings; (3) engaging in consciousness raising about the realities of women’s lives as part of the methodological process; (4) empowering women within a patriarchal society through their participation in research; and (5) an awareness by the researcher of the ethical costs of the research process and a need to protect their subjects (Cook & Fonow, 1986).

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18 Women, GenDer, anD CrIme: Core ConCepTs

For many researchers who study women in the criminal justice system, the use of feminist methodologies is particularly beneficial. Not only does it allow for researchers to explore in depth the issues that women face as victims and offenders but it also provides the opportunity for the researchers to delve into their topics in a way that traditional methods fail to explore, such as the context of women’s lives and their experiences in offending and victimization. For example, a simple survey question might inquire about whether an incarcerated woman has ever been victimized. We know that scholarship on incarcerated women has consistently documented the relationship between early life victimizations and participation in crime in their adolescent and adult lives. Yet traditional methods may underesti- mate the extent and nature of the victimization because the women may not understand the question or identify their experiences in this way. Feminist methodologies allow not only for the exploration of these issues at a deeper level but also they allow for scholars to develop an understanding of the multifaceted effects of these experiences.

While many feminist researchers largely employ qualitative tactics, it is important to note that the use of femi- nist methods does not exclude the use of quantitative methods. In fact, quantitative methods can yield valuable data on the experiences of women (Westmarland, 2001). For example, survey data can yield information on the presence of gender discrimination, such as the sexual harassment among women in policing. In addition, the use of quantita- tive data and statistics is often useful for legislators when developing policies. Reinharz (1992) provides the example of the use of statistics in the development of sexual harassment policies whereby quantitative data “encouraged the establishment of sexual harassment committees in universities and . . . eventually provided legal redress for indi- viduals” (p. 80). Indeed, researchers who study issues of women and crime can benefit from the lessons of feminist methodologies in their use of both quantitative and qualitative methods.

While feminist methods can provide valuable resources for the study of women and crime, feminist methods are not limited to issues of gender. Rather, feminist methodologies employ tools that are applicable across crimino- logical topics.

By recognizing from the outset the class, racial, and gendered structures of oppression that may be at work in women’s lives, this method gives voice to the larger structural processes that shape the experiences that often go unseen and unheard by others. Thus, this method provides a framework for building trust with those participants who may be unsure about the research process and creates opportunities for understanding individuals and groups who may very well be inaccessible when approached in any other way (Westervelt & Cook, 2007, p. 35).

Conclusion The feminist movement has had a significant effect on the experience of women in the criminal justice system— from victims to offenders to workers. Today, the efforts of the pioneers of feminist criminology have led to an increased understanding of what leads a woman to engage in crime and the effects of her life experiences on her offending patterns, as well as the challenges in her return to the community. In addition, the victim experience has changed for many women in that their voices are beginning to be heard by a system that either blamed them for their victimization or ignored them entirely in years past. The feminist movement has also shed light on what it means to be a woman working within the criminal justice system and the challenges that she faces every day as a woman in this field. While women have experienced significant progress over the last century, there are still many challenges that they continue to face as offenders, victims, and workers within the world of criminal justice.

/// SUMMARY • The terms sex and gender are often used interchangeably, but they have different implications for research on

women and crime.

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Chapter 1  Women, Gender, and Crime: Introduction 19

• Women are significantly more likely to be victimized by someone they know and are overrepresented in crimes such as sexual assault and intimate partner violence.

• Feminist criminologists have identified a significant link between victimization and offending.

• many criminal justice occupations are male dominated and reflect gendered assumptions about women and work within these realms.

• Data from the Uniform Crime reports (UCr) and national Incident-Based reporting system (nIBrs) often fail to identify much of female victimization, because crimes of rape, sexual assault, and intimate partner abuse go largely underreported.

• Victimization studies, such as the national Crime Victimization survey (nCVs), help illuminate the dark figure of crime by collecting data on crimes that are not reported to police.

• self-report studies, such as the national Intimate partner and sexual Violence survey (nIsVs), provide estimates of the prevalence of rape, sexual assault, intimate partner abuse, and stalking in the United states.

• Feminist research methods give women a voice in the research process and influence how data on gender are collected.

/// KEY TERMS Dark figure of crime 13

Feminism 2

Feminist criminology 3

Feminist research methods 17

Gender gap 5

Gendered justice 1

national Crime Victimization survey (nCVs) 13

national Incident-Based reporting system (nIBrs) 11

national Intimate partner and sexual Violence survey (nIsVs) 14

national Violence against Women survey (nVaWs) 14

Uniform Crime reports (UCr) 7

/// DISCUSSION QUESTIONS 1. What impact has feminism had in the study of women and crime?

2. Discuss how the Uniform Crime reports (UCr) and the national Incident-Based reporting system (nIBrs) represent the measure of female offending and victimization in society.

3. How do datasets, such as the national Crime Victimization survey (nCVs), the national Violence against Women survey (nVaWs), and national Intimate partner and sexual Violence survey (nIsVs), investigate issues of violence against women?

4. How do feminist research methods inform studies on women and crime?

/// WEB RESOURCES Centers for Disease Control and Prevention: http://www.cdc.gov

Crime in the United States 2015: https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015

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20 Women, GenDer, anD CrIme: Core ConCepTs

National Crime Victimization Survey: http://www.icpsr.umich.edu/icpsrweb/naCJD/nCVs/

National Incident-Based Reporting System: http://www.icpsr.umich.edu/icpsrweb/naCJD/nIBrs/

Uniform Crime Reports: http://www.fbi.gov/about-us/cjis/ucr/ucr

United Nations Survey of Crime Trends and Operations of Criminal Justice Systems: https://www.unodc.org/unodc/en/ data-and-analysis/statistics/data.html

Visit www.sagepub.com/mallicoat3e to access additional study tools, including eFlashcards, web quizzes, web resources, video resources, and saGe journal articles.

online resources

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