Defining and Perceiving Sexual Assault: The Role of Social and Cultural Factors
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This essay discusses the societal perception and definition of sexual assault based on social and cultural factors. It analyzes the contributing factors to sexual assault and the mentality of society towards these incidents. The study emphasizes the need for a change in society's attitude towards sexual assault and the importance of spreading awareness.
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Running Head: Introduction To Criminology And Criminal Justice
INTRODUCTION TO CRIMINOLOGY AND CRIMINAL
JUSTICE
INTRODUCTION TO CRIMINOLOGY AND CRIMINAL
JUSTICE
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2
Introduction To Criminology And Criminal Justice
“Societies define and perceive crime based on social and cultural factors”
Society defines criminal activities based on various cultural and social program. In most of
the criminal cases, society focus on stereotypes before looking into criminal activity. At
present, most of the victims do not complain about the crime in fear of being judged. This is
the main reason for the increasing number of crimes all over the world. This essay is
discussing all aspects related to sexual assault for evaluating above mentioned statement.
Aim of this essay is to analyze contributing factors to sexual assault and mentality of society
towards this kind of incidents. This study is discussing social point of view towards cases of
sexual assault based on cultural and social factors.
Different peoples in society tend to see sexual assault in different ways and depend on
various factors. Several factors like sex, age and culture are considered during defining an
incident of sexual assault. Moreover, geographic locations and socioeconomic status play an
essential role (Powell, 2015). It can be seen that if rape or any other sexual assaults happen,
people tend to see those factors and match victims and culprit with those stereotypes that are
set by media. For example, in some cases like Eurydice Dixon rape and murder case, 2018,
Jill Meagher rape and murder care in 2012, it was seen that victims represent from same age
group. Moreover, they were attacked while walking home alone. This represents classic
stereotypes that were set by different media houses. Geographic location and age of victim
are given priority by society rather than the crime committed. Moreover, in many countries
rape is not considered as a crime rather it is included as a part of marriage. Different countries
like India, Sri Lanka and Jordan rape are included as a marriage right (Shugerman, 2019). In
Australia 16 years is considered as an age of consent legally throughout different regions. In
India, law is there regarding the lowest age of marriage. However, in many rape cases, it can
be seen that the victim is child.
Introduction To Criminology And Criminal Justice
“Societies define and perceive crime based on social and cultural factors”
Society defines criminal activities based on various cultural and social program. In most of
the criminal cases, society focus on stereotypes before looking into criminal activity. At
present, most of the victims do not complain about the crime in fear of being judged. This is
the main reason for the increasing number of crimes all over the world. This essay is
discussing all aspects related to sexual assault for evaluating above mentioned statement.
Aim of this essay is to analyze contributing factors to sexual assault and mentality of society
towards this kind of incidents. This study is discussing social point of view towards cases of
sexual assault based on cultural and social factors.
Different peoples in society tend to see sexual assault in different ways and depend on
various factors. Several factors like sex, age and culture are considered during defining an
incident of sexual assault. Moreover, geographic locations and socioeconomic status play an
essential role (Powell, 2015). It can be seen that if rape or any other sexual assaults happen,
people tend to see those factors and match victims and culprit with those stereotypes that are
set by media. For example, in some cases like Eurydice Dixon rape and murder case, 2018,
Jill Meagher rape and murder care in 2012, it was seen that victims represent from same age
group. Moreover, they were attacked while walking home alone. This represents classic
stereotypes that were set by different media houses. Geographic location and age of victim
are given priority by society rather than the crime committed. Moreover, in many countries
rape is not considered as a crime rather it is included as a part of marriage. Different countries
like India, Sri Lanka and Jordan rape are included as a marriage right (Shugerman, 2019). In
Australia 16 years is considered as an age of consent legally throughout different regions. In
India, law is there regarding the lowest age of marriage. However, in many rape cases, it can
be seen that the victim is child.
3
Introduction To Criminology And Criminal Justice
Most of the people of society review age and sex of victim and criminal when a case of
sexual assault takes place. Different contributing factors have been identified that influence
society to judge incidents of sexual assault. According to Coetzee, Gray & Jewkes (2017),
number of rape cases of girl child is increasing day by day. America is experiencing 1 in 6
rape cases of females and 1 in 10 rape cases of males. Rate of sexual harassment of females is
higher as majority of people within society believe in male dominance. Females are
considered as weaker target and people with criminal commence sexual harassment. Many
cases have been found in different countries that indicated that young girls and children are
easy targets of rapists. In Australia, murder after rape cases are taking place and society is
defining these cases from the perspectives of cultural and social factors. For example, Jill
Meagher has been raped and murdered in 2012 and Aiia Maasarwe has died due to the same
reason in 2019.
Australian government has taken initiative to control criminal activities such as sexual
assault. The Crimes Act 1914 has defined the child sex offense clearly and this act can be
considered while proceeding against the perpetrator in Australia. In most of the cases,
criminal cases are defined based on cultural background of offenders. In short, it can be
stated that certain stereotypes are considered while judging both victim and offenders. As
mentioned by Millett (2016), people to society investigate to understand cultural background
of the offender to understand their psychology behind the crime. However, it is important as
well to treat both males and females equally. Sexual assault cannot be supported in any case
and society must change its way of defining crimes. Government of both developed and
developing countries must spread awareness to change the attitude of society towards crime.
Due to cultural beliefs, it was seen that women struggle to speak out regarding their sexual
assaults. Fear has been seen in them as they can be blamed for their own assaults. This
incident can also impact on the career and life. As opined by Tanaka et al. (2017), women
Introduction To Criminology And Criminal Justice
Most of the people of society review age and sex of victim and criminal when a case of
sexual assault takes place. Different contributing factors have been identified that influence
society to judge incidents of sexual assault. According to Coetzee, Gray & Jewkes (2017),
number of rape cases of girl child is increasing day by day. America is experiencing 1 in 6
rape cases of females and 1 in 10 rape cases of males. Rate of sexual harassment of females is
higher as majority of people within society believe in male dominance. Females are
considered as weaker target and people with criminal commence sexual harassment. Many
cases have been found in different countries that indicated that young girls and children are
easy targets of rapists. In Australia, murder after rape cases are taking place and society is
defining these cases from the perspectives of cultural and social factors. For example, Jill
Meagher has been raped and murdered in 2012 and Aiia Maasarwe has died due to the same
reason in 2019.
Australian government has taken initiative to control criminal activities such as sexual
assault. The Crimes Act 1914 has defined the child sex offense clearly and this act can be
considered while proceeding against the perpetrator in Australia. In most of the cases,
criminal cases are defined based on cultural background of offenders. In short, it can be
stated that certain stereotypes are considered while judging both victim and offenders. As
mentioned by Millett (2016), people to society investigate to understand cultural background
of the offender to understand their psychology behind the crime. However, it is important as
well to treat both males and females equally. Sexual assault cannot be supported in any case
and society must change its way of defining crimes. Government of both developed and
developing countries must spread awareness to change the attitude of society towards crime.
Due to cultural beliefs, it was seen that women struggle to speak out regarding their sexual
assaults. Fear has been seen in them as they can be blamed for their own assaults. This
incident can also impact on the career and life. As opined by Tanaka et al. (2017), women
4
Introduction To Criminology And Criminal Justice
fear to take strong action against the culprits because they have a fear of being labeled as a
victim for the rest of life. This has increased rage and exhaustion of women that has given
rise to ME TOO movement in Australia. Force and power sometimes hide these cases that
have created a rage among rape victims. It was viewed during this movement that a line of
high profile sexual misconduct gets exposed. It can be seen that women who report about
sexual assault are forced to hand their phones to police (Theconversation.com, 2019). In
addition, they are forced to give permission to investigating team regarding accessing text
messages, social media accounts, and others. However, different charities and survivors have
stated that this consent form can retraumatize the victim and discourage them to take any
action against the perpetrator in future. In the case between Ashleigh Raper and Luke Foley,
it can be seen that Ms. Raper has not complained regarding sexual assault and later forced to
make a statement regarding this incident. Moreover, in the incident of G-string, it can be
seen that a lawyer has shown a thong to prove consent of a woman in rape
(Channelnewsasia.com, 2019). This incident has caused an outrage in society. This type of
behavior increase embarrassment of rape victims and later they find it difficult to make any
complaints. Hence, justice cannot be achieved if different taboo like way of dressing,
geographical location is given privilege while investigation. Moreover, the struggle of
women also increases as they face embarrassment while seeking justice.
Most of the victim of sexual assault cases fail to proceed against the offender as they are
powerful people. Victims remain silent as they think that powerful people get more benefit in
escaping from punishment for their criminal activities. Majority of cases of sexual assault do
not go to the courts as people do not expect to have justices free from biases
(Refinery29.com, 2019). In the case of Harvey Weinstein, it can be seen it is much more
difficult to fight against a powerful offender. More than 80 women from film industry have
accused this producer of sexual harassment case (Theguardian.com, 2018). After the
Introduction To Criminology And Criminal Justice
fear to take strong action against the culprits because they have a fear of being labeled as a
victim for the rest of life. This has increased rage and exhaustion of women that has given
rise to ME TOO movement in Australia. Force and power sometimes hide these cases that
have created a rage among rape victims. It was viewed during this movement that a line of
high profile sexual misconduct gets exposed. It can be seen that women who report about
sexual assault are forced to hand their phones to police (Theconversation.com, 2019). In
addition, they are forced to give permission to investigating team regarding accessing text
messages, social media accounts, and others. However, different charities and survivors have
stated that this consent form can retraumatize the victim and discourage them to take any
action against the perpetrator in future. In the case between Ashleigh Raper and Luke Foley,
it can be seen that Ms. Raper has not complained regarding sexual assault and later forced to
make a statement regarding this incident. Moreover, in the incident of G-string, it can be
seen that a lawyer has shown a thong to prove consent of a woman in rape
(Channelnewsasia.com, 2019). This incident has caused an outrage in society. This type of
behavior increase embarrassment of rape victims and later they find it difficult to make any
complaints. Hence, justice cannot be achieved if different taboo like way of dressing,
geographical location is given privilege while investigation. Moreover, the struggle of
women also increases as they face embarrassment while seeking justice.
Most of the victim of sexual assault cases fail to proceed against the offender as they are
powerful people. Victims remain silent as they think that powerful people get more benefit in
escaping from punishment for their criminal activities. Majority of cases of sexual assault do
not go to the courts as people do not expect to have justices free from biases
(Refinery29.com, 2019). In the case of Harvey Weinstein, it can be seen it is much more
difficult to fight against a powerful offender. More than 80 women from film industry have
accused this producer of sexual harassment case (Theguardian.com, 2018). After the
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5
Introduction To Criminology And Criminal Justice
exposure of this accusation, Weinstein has disappeared from the view of the public. The
Weinstein company have removed him and he has been expelled from the Academy of
Motion Picture Arts and Science. Heise (2018) have contradicted that legal system of country
treats all offenders the same. However, Civil lawsuit against this producer is still continuing
and this case is expressing that society cannot stand by the victim if the offended is powerful.
It takes a longer time to get justice in sexual harassment cases if the offender is rich and
powerful. This situation has been seen in both developed and developing countries. The case
of Harvey Weinstein has taken place in America and still, case proceedings are being
continued. This kind of cases impact on the victims and they step back. Society must take
sexual harassment cases more seriously and cultural background of offender can be ignored
while defining their criminal activities.
The Australian Bureau of Statistics has released crime data, which shows that reported sexual
assaults has increased by 8% in 2017. In previous years, it was 23,040, whereas in 2017 it has
risen to 24957. In 2013-14, it was found that this crime has increased by 3.3%. Sexual assault
is a serious crime that is perceived differently due to social and cultural factors. This results
in blaming of victim and perpetrator and their families. Most often, due to cultural beliefs, a
victim is blamed regarding way of dressing or geographical locations (Venema, 2019). For
example, if a victim was assaulted in a nightclub, then many questions from society arise
regarding the location and its link with the incidence. Moreover, living standard to victim,
socio-economic status and other factors are considered while blaming a victim. On the other
hand, perpetrators and their families are also affected due to this incident as all the members
are considered as culprits and they face many hardships in society. However, Javaid (2015)
mentioned that sexual assault is a serious crime that leaves a permanent scare on the victims
and their families. In the case of Harvey Weinstein, it was seen that women are given
freedom to speak about their trauma and hardships that caused due to powerful men
Introduction To Criminology And Criminal Justice
exposure of this accusation, Weinstein has disappeared from the view of the public. The
Weinstein company have removed him and he has been expelled from the Academy of
Motion Picture Arts and Science. Heise (2018) have contradicted that legal system of country
treats all offenders the same. However, Civil lawsuit against this producer is still continuing
and this case is expressing that society cannot stand by the victim if the offended is powerful.
It takes a longer time to get justice in sexual harassment cases if the offender is rich and
powerful. This situation has been seen in both developed and developing countries. The case
of Harvey Weinstein has taken place in America and still, case proceedings are being
continued. This kind of cases impact on the victims and they step back. Society must take
sexual harassment cases more seriously and cultural background of offender can be ignored
while defining their criminal activities.
The Australian Bureau of Statistics has released crime data, which shows that reported sexual
assaults has increased by 8% in 2017. In previous years, it was 23,040, whereas in 2017 it has
risen to 24957. In 2013-14, it was found that this crime has increased by 3.3%. Sexual assault
is a serious crime that is perceived differently due to social and cultural factors. This results
in blaming of victim and perpetrator and their families. Most often, due to cultural beliefs, a
victim is blamed regarding way of dressing or geographical locations (Venema, 2019). For
example, if a victim was assaulted in a nightclub, then many questions from society arise
regarding the location and its link with the incidence. Moreover, living standard to victim,
socio-economic status and other factors are considered while blaming a victim. On the other
hand, perpetrators and their families are also affected due to this incident as all the members
are considered as culprits and they face many hardships in society. However, Javaid (2015)
mentioned that sexual assault is a serious crime that leaves a permanent scare on the victims
and their families. In the case of Harvey Weinstein, it was seen that women are given
freedom to speak about their trauma and hardships that caused due to powerful men
6
Introduction To Criminology And Criminal Justice
(Theguardian.com, 2018). Hence, it is proved that this serious crime is judged and defined by
the help of different cultural and social factors. However, facts about the incidence and
knowledge should be given priority that can help to decrease trauma of victim and give them
strength to protest against this shameful act.
The entire discussion has been mentioned to evaluate if society is considering social and
cultural factors in defining and perceiving crime cases or not. Society must rely on
knowledge and facts about incidents to help victims of sexual assaults to get justice.
Introduction To Criminology And Criminal Justice
(Theguardian.com, 2018). Hence, it is proved that this serious crime is judged and defined by
the help of different cultural and social factors. However, facts about the incidence and
knowledge should be given priority that can help to decrease trauma of victim and give them
strength to protest against this shameful act.
The entire discussion has been mentioned to evaluate if society is considering social and
cultural factors in defining and perceiving crime cases or not. Society must rely on
knowledge and facts about incidents to help victims of sexual assaults to get justice.
7
Introduction To Criminology And Criminal Justice
Reference list
Channelnewsasia.com. (2019). Irish protests after defence lawyer uses teenager's G-string to
suggest consent in rape trial. Retrieved on 1st June 2019, from
https://www.channelnewsasia.com/news/world/ireland-protests-lawyer-teenager-g-
string-consent-rape-10939276
Coetzee, J., Gray, G. E., & Jewkes, R. (2017). Prevalence and patterns of victimization and
polyvictimization among female sex workers in Soweto, a South African township: a
cross-sectional, respondent-driven sampling study. Global health action, 10(1),
1403815. retrieved from:
https://www.tandfonline.com/doi/full/10.1080/16549716.2017.1403815
Heise, L. (2018). Violence against women: the missing agenda. In The health of women (pp.
171-196). Routledge. retrieved from: http://www.cisas.org.ni/files/Violence
%20against%20women%20the%20missing%20agenda.pdf
Javaid, A. (2015). Police responses to, and attitudes towards, male rape: Issues and concerns.
International Journal of Police Science & Management, 17(2), 81-90. Retrieved
From:
https://www.researchgate.net/profile/Aliraza_Javaid/publication/276353496_Police_R
esponses_to_and_Attitudes_Towards_Male_Rape_Issues_and_Concerns/links/
555a5fcf08ae980ca6117b5b.pdf
Millett, K. (2016). Sexual politics. Columbia University Press.retrieved from:
http://occonline.occ.cccd.edu/online/cmcgaughey/Sexual%20Politics%20by%20Kate
%20Millett.pdf
Powell, A. (2015). Seeking rape justice: Formal and informal responses to sexual violence
through technosocial counter-publics. Theoretical Criminology, 19(4), 571-588.
Retrieved from:
Introduction To Criminology And Criminal Justice
Reference list
Channelnewsasia.com. (2019). Irish protests after defence lawyer uses teenager's G-string to
suggest consent in rape trial. Retrieved on 1st June 2019, from
https://www.channelnewsasia.com/news/world/ireland-protests-lawyer-teenager-g-
string-consent-rape-10939276
Coetzee, J., Gray, G. E., & Jewkes, R. (2017). Prevalence and patterns of victimization and
polyvictimization among female sex workers in Soweto, a South African township: a
cross-sectional, respondent-driven sampling study. Global health action, 10(1),
1403815. retrieved from:
https://www.tandfonline.com/doi/full/10.1080/16549716.2017.1403815
Heise, L. (2018). Violence against women: the missing agenda. In The health of women (pp.
171-196). Routledge. retrieved from: http://www.cisas.org.ni/files/Violence
%20against%20women%20the%20missing%20agenda.pdf
Javaid, A. (2015). Police responses to, and attitudes towards, male rape: Issues and concerns.
International Journal of Police Science & Management, 17(2), 81-90. Retrieved
From:
https://www.researchgate.net/profile/Aliraza_Javaid/publication/276353496_Police_R
esponses_to_and_Attitudes_Towards_Male_Rape_Issues_and_Concerns/links/
555a5fcf08ae980ca6117b5b.pdf
Millett, K. (2016). Sexual politics. Columbia University Press.retrieved from:
http://occonline.occ.cccd.edu/online/cmcgaughey/Sexual%20Politics%20by%20Kate
%20Millett.pdf
Powell, A. (2015). Seeking rape justice: Formal and informal responses to sexual violence
through technosocial counter-publics. Theoretical Criminology, 19(4), 571-588.
Retrieved from:
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8
Introduction To Criminology And Criminal Justice
http://www.academia.edu/download/46982750/Seeking_rape_justice_Formal_and_inf
ormal20160703-30549-1uj7b3.pdf
Refinery29.com. (2019). This New Rape Case Rule Is The Equivalent Of A Digital Strip
Search. Retrieved on 1st June 2019, from
https://www.refinery29.com/en-gb/2019/04/231080/rape-victims-submit-phones-to-
police
Shugerman, J. H. (2019). Professionals, Politicos, and Crony Attorneys General: A Historical
Sketch of the US Attorney General as a Case for Structural Independence. Fordham
Law Review, 87(5), 1965.retrieved from:
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5593&context=flr
Tanaka, M., Suzuki, Y. E., Aoyama, I., Takaoka, K., & MacMillan, H. L. (2017). Child
sexual abuse in Japan: A systematic review and future directions. Child abuse &
neglect, 66, 31-40. retrieved from:
https://www.researchgate.net/profile/Yumi_Suzuki/publication/314648770_Child_sex
ual_abuse_in_Japan_A_systematic_review_and_future_directions/links/
59f87e3b458515547c2695df/Child-sexual-abuse-in-Japan-A-systematic-review-and-
future-directions.pdf
Theconversation.com. (2019). Thirty-five voices, one movement: a new book examines
#MeToo in Australia. Retrieved on 1st June 2019, from
https://theconversation.com/thirty-five-voices-one-movement-a-new-book-examines-
metoo-in-australia-116053
Theguardian.com (2018), Harvey Weinstein case, retrieved on 4th June 2019 from
https://www.theguardian.com/film/2018/oct/28/harvey-weinstein-me-too-criminal-
case-crumbling
Introduction To Criminology And Criminal Justice
http://www.academia.edu/download/46982750/Seeking_rape_justice_Formal_and_inf
ormal20160703-30549-1uj7b3.pdf
Refinery29.com. (2019). This New Rape Case Rule Is The Equivalent Of A Digital Strip
Search. Retrieved on 1st June 2019, from
https://www.refinery29.com/en-gb/2019/04/231080/rape-victims-submit-phones-to-
police
Shugerman, J. H. (2019). Professionals, Politicos, and Crony Attorneys General: A Historical
Sketch of the US Attorney General as a Case for Structural Independence. Fordham
Law Review, 87(5), 1965.retrieved from:
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5593&context=flr
Tanaka, M., Suzuki, Y. E., Aoyama, I., Takaoka, K., & MacMillan, H. L. (2017). Child
sexual abuse in Japan: A systematic review and future directions. Child abuse &
neglect, 66, 31-40. retrieved from:
https://www.researchgate.net/profile/Yumi_Suzuki/publication/314648770_Child_sex
ual_abuse_in_Japan_A_systematic_review_and_future_directions/links/
59f87e3b458515547c2695df/Child-sexual-abuse-in-Japan-A-systematic-review-and-
future-directions.pdf
Theconversation.com. (2019). Thirty-five voices, one movement: a new book examines
#MeToo in Australia. Retrieved on 1st June 2019, from
https://theconversation.com/thirty-five-voices-one-movement-a-new-book-examines-
metoo-in-australia-116053
Theguardian.com (2018), Harvey Weinstein case, retrieved on 4th June 2019 from
https://www.theguardian.com/film/2018/oct/28/harvey-weinstein-me-too-criminal-
case-crumbling
9
Introduction To Criminology And Criminal Justice
Venema, R. M. (2019). Making judgments: How blame mediates the influence of rape myth
acceptance in police response to sexual assault. Journal of interpersonal violence,
34(13), 2697-2722. Retrieved from:
https://journals.sagepub.com/doi/abs/10.1177/0886260516662437
Introduction To Criminology And Criminal Justice
Venema, R. M. (2019). Making judgments: How blame mediates the influence of rape myth
acceptance in police response to sexual assault. Journal of interpersonal violence,
34(13), 2697-2722. Retrieved from:
https://journals.sagepub.com/doi/abs/10.1177/0886260516662437
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