Week 5: Constructions of Femininity - PDF

Week 5: Violent Women & Constructions of Femininity Feb 4, 6 Announcements and reminders Office Hours Wednesday 1-2 pm via zoom Midterm in class next Tuesday, Feb 11th ** Please be ON TIME Reading week Feb 18-21 No office hours during this week Introduction to Violent Women Women r...

Week 5: Violent Women & Constructions of Femininity Feb 4, 6 Announcements and reminders Office Hours Wednesday 1-2 pm via zoom Midterm in class next Tuesday, Feb 11th ** Please be ON TIME Reading week Feb 18-21 No office hours during this week Introduction to Violent Women Women responsible for only 17% of recorded violent crime in Canada Women who commit violent crime tend to be mid 30’s and have at least 1 child More likely than non-violent women to have been victims of physical or sexual violence Partake in instrumental violence: violence that involves planning and does not have a strong emotional component Violent women share similar qualities to violent men ”Gender-Neutral” = characteristics linked to criminal behavior that are equally applicable to men and women ”Gender-Informed” = characteristics that are unique to criminalized women Intimate Partner Violence Violence by women towards their partners is not well understood Some argue that both men and women are equal offenders in IPV Crime victimization studies find it is mostly done by men Women commit violence against partners due to self-defense Johnson (1995, 2010) lists four types of intimate violence Intimate Terrorism: severe and frequent intimate partner violence that escalates over time Common Couple Violence: Violence related to a need to control a specific situation Violent Resistance: Violence committed as a direst response, self-defense, or other, to violence Mutual Violent Control: Both partners engage in violence for generalized control of the other person/relationship Female Perpetrated Violence Wexler (2020) identified four types of female-perpetrated intimate violence Women who Kill Adult women are responsible for 13% of all homicides Indigenous women are charged with homicide 2.3 times more than Non-Indigenous women 93% of homicides committed by women were against people they knew Usually 4 types of homicide: spousal homicide, childe homicide, homicide related to other offences such as assault, and “others” Reasons for killing can vary Mental Health, past family violence, self defence, etc. Mad, bad or Victim typologies Women who commit murder against children are categorized in 3 ways: 1. Mad Woman: Mentally ill, unstable, irrational 2. Bad Woman: Pure “evil”, cold-blooded killer 3. Victim: Battered woman syndrome – abused by partner Introduction to Infanticide Infanticide: Killing of one’s child under the age of one year Filicide: Killing of one’s child under 18 Neonaticide: Killing of a newborn on the day of birth. Punishment for infanticide: 237 Every female person who commits infanticide is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction *Only females can be charged with infanticide  Legal Implications Infanticide A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child if, at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed (R.S., c. C-34, s. 216) Killing of an unborn child in an act of birth: Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life. (S. 238.1) Concealing body of child Everyone who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (Section 243). My current Dissertation Purpose: Analysis of case law of women who have killed their child under the age of one Research questions: 1) How are women who kill their newborns prosecuted in law?; 2) How is the narrative of womanhood and motherhood constructed in the sentencing process?; Criteria: Canadian; Biological Mother; Death of a child under the age of 1 Data Sources: Can-lii, Factiva, Hansard Index of House of Commons, Quicklaw Preliminary Findings - Infanticide The death of a child in any community is a tragedy; the death of a child where a wilful act leads to that death is the more tragic. The fact that the mother of the child is involved, as is the case here, is an unspeakable tragedy. Particularly in the circumstances that we have heard of that led to the conception and birth of this child, many years of struggle and worry, the child was described as a "miracle baby.” (R v Kang, 2008) Preliminary Findings - Infanticide Like most if not all other infanticide cases, this one is tragic. It defies rational explanation. But the fact remains that you are responsible for the culpable homicide of a helpless child. (R v Pemberton, 2019) This woman, was at the time of this tragedy, about 24 years of age. She had had a most difficult marriage, one during which the relationship with her husband had been very strained, and she had endured great unhappiness. They had one child. When she learned that she was pregnant with the child that we are concerned about here, she was distressed. She gave birth to twins, and immediately upon their birth she became seriously depressed. (R v Szola, 1977) Murderous moms Mothers who commit infanticide as labeled as “triple deviant” They break the law, defy the moral standard of womanhood, and violate the standard of motherhood itself. CJS has a hard time accepting that motherhood does not exist in a vacuum Women who Sexually Offend Sexual offending by women is not new, however, rare 1857 – first formal writings on child sexual abuse committed by a woman 12% of those who engage in sexual offending are women Recidivism rate very low (1% risk) Tend to be young, low socio-economic status, poor education Lack of research due to socio-cultural views of women as nurturing and non-sexual.  Definitions of Sexual Offences Sexual assault has three levels: Sexual assault level 1 (s. 271):An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim. Sexual assault level 2 (s. 272): Sexual assault with a weapon, threats, or causing bodily harm. Aggravated sexual assault level 3 (s. 273):Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim. Other sexual offences include: Incest (s.155) Anal Intercourse (s. 159) Voyeurism (s. 162) Sexual Exploitation towards young child (s. 153). Sexual Interference (s. 151) Child Pornography (s. 163). Concepts of Dangerousness and Risk Sex Offender = anyone who is committed a sexual act (regardless of conviction) When referring to sex offenders, two concepts are important: Dangerousness: Capacity of a person to physically, psychologically, or morally harm oneself or others. Risk: The probability that a person will commit future harmful acts Belief among society that people who commit sexual acts cannot be changed and will reoffend.  Community protection in legislation National Sex Offender Registry (SOR) – a searchable database with information of sex offenders convicted of designated sex offences Designated sex offences: sexual interference, incest, sexual assault, child pornography, etc… https://www.rcmp-grc.gc.ca/en/sex-offender-management (FULL LIST). Only police agencies can access the database – it is NOT PUBLIC. Sex offenders must report once a year Can apply to terminate your status https://www.ctvnews.ca/politics/liberals-propose-changes-to-canada-s-sex-offender- registry-in-response-to-supreme-court-decision-1.6372638  Christopher’s Law Ontario 2000 – Ontario launched “Christopher’s law” First province to establish a sex offender registry Automatically added to the database if convicted of sexual offence or found NCRMD of a sexual offence in Ontario Abduction and murder of 11-year-old Christopher Stephenson Brampton, Ontario at a shopping mall on Fathers day weekend, 1988. Convicted child molester Joseph Fredericks Inquest followed event, which resulted in 71 recommendations Women who sexually offend Many professionals minimize sexual offending by women – believe it is less serious However, women commit very similar sexual offences to men Overlook women as perpetrators Victims not taken seriously Lack of reporting of female sex offenders https://www.youtube.com/watch?v=W7L9tnEqTv8&ab_channel=This Morning Case study: Madison Biluk Manitoba 28-year-old former female hockey coach Faces 15 charges, including sexual assault and sexual exploitation https://www.youtube.com/watch?v=nOlC9clUZlU&ab_channel=CBCNe wsManitoba https://www.cbc.ca/news/canada/manitoba/female-sex-offenders- experts-1.7031939 Pathways of offending Three gender-informed pathways to offending 1. Co-Offending Women who co-offender with their male partner Usually involves abuse by partner Tend to have unconventional lifestyles, such as swingers’ club visits, viewing pornography together, engaging in sexual relations in public 2. Implicit-disorganized or “solo” Women establishing a relationship with victim in efforts to meet their own interpersonal and emotional needs Victims tend to be viewed as adults 3. Explicit-Approach Women plan their sexual offences with specific goals in mind Sexual gratification, intimacy, revenge and humiliation or financial rewards Treatment of Women who Sexually offend Given low sexual recidivism rates, some argues there is no need to provide treatment to women However, women are still likely to reoffend with other crimes Five broad areas with which women sexual offenders demonstrate difficulties: 1. Cognitive Processes 2. Emotional Processes 3. Intimacy and relationship issues 4. Sexual dynamics 5. Psychosocial functioning  Clinical interpretations of Paraphilia Paraphilia = mental health term for sexual interest in an activity that does not include mutual consent Most sex offenders do not meet the clinical criteria for paraphilia according to the DSM-5 The DSM-5 is the diagnostic and statistical manual of mental disorders Handbook used by health-care professionals to diagnose mental disorders  Types of paraphilia Types of paraphilia: 1. Pedophilia – persistent sexual fantasies of desired involving sex with a prepubescent child 2. Sexual Sadism – individuals who derive sexual pleasure from non-consensual domination and harm on another person. 3. Exhibitionism – people who derive sexual arousal from exposing their genitals to unsuspecting victims in public. (1/3 of reported sexual offences) 4. Voyeurism – sexual urges or fantasy of observing non-consenting persons in various stages of undress or sexual activity. (peeping toms). 5. Frotteurism – sexual urges or fantasies of touching or rubbing one’s genitals against an unsuspecting person (also known as toucherism). Management and Treatments Majority of people charged with sexual offences are subject to community supervision orders after released from prison Most offenders are released after 2/3 of their sentence and put on parole or probation. However, sex offenders deemed of high risk of reoffender can have a “warrant expiry date” (WED) Warrant expiry date = correctional option to detain a sexual offender until the very end of their sentence. 810.1 order Community prohibition order used for sex offenders deemed to be high risk Order contains conditions designed to help monitor and limit the persons movement. 810.1 order automatically expires after 2 years. Case Study: Crystal Henricks Prince George, British Columbia, 1999 Crystal Henricks, 19-year-old and husband, James Bennett Convicted of 8 sex-related charges, including molestation to 3 children https://www.youtube.com/watch ?v=jxqp0Jah_VI&ab_channel=REA LWOMEN%2FREALSTORIES Next week: Midterm Midterm in class Feb 11th 60 MC/TF No class Feb 13th