This Document Contains Chapters 13 to 15 Chapter 13 Sexual Violence TEACHING POINTS • While sexual violence is generally perpetrated against women, men have also been victims of sexual violence. • Certain types of acts or actions are specific to women and contribute to violence against women both within and outside the family. • Power in the feminist analysis is not police or political power; rather, power is defined in terms of a relationship that structures the interactions between men and women. Power, therefore, is not a property right but a personal force that establishes male control and dominance over females. • A review of history indicates that the use of aggression and violence against women has existed for eons. • Only recently has society begun to recognize other forms of sexual violence. It is now acknowledged that spouses may be raped, and acquaintance rape has become a common term. • Sexual violence can take the form of a single act or a long and protracted series of incidents. It can also involve aggression and/or discrimination against women. • Sexual violence can happen to any person, at any time, and in any place. No one is completely secure from this type of assault. • One of the major problems in the area of women and sexual violence is the lack of agreement among scholars, researchers, and professionals on definitions and research methodology. • The average age at time of arrest for rapists was thirty-one years, with sex offenders being slightly older, at age thirty-four. About one in four rapists and sexual assault offenders had a prior conviction for violent crimes. • As with other forms of family violence, a number of theories exist regarding this form of aggression, but the exact cause of sexual violence is undetermined. • Researchers have now developed different typologies of rapists in an effort to streamline and define this type of personality. One authority states that there are more than fifty different types of rapists. • Based on the limited data available, it has been estimated that 100 to 132 million girls and women have been subjected to female genital mutilation worldwide. • Carnal knowledge of a female was one of the first terms used to connote sexual violence. • Rape carries with it certain physical, mental, and legal consequences. Many times during a rape the offender will perform or attempt to perform a variety of acts, including vaginal, oral, and anal sex. • Intimate sexual violence includes marital and acquaintance rape. These forms of assault are not isolated incidents that occur to only a few women. • For centuries society has believed that a man is entitled to have sex with his wife. A man could not be charged or convicted of raping his wife in eighteenth-century England. • The marital exemption for rape can be traced to Sir Matthew Hale, a seventeenth-century English jurist. • Blackstone, the great English legal scholar, stated that the legal existence of a woman is suspended during marriage or at the very least incorporated into that of her husband. • Just as there are a number of theories as to why spousal abuse and stranger rape occur, so there are a variety of theories dealing with factors that encourage or promote marital rape. • Rape drugs make it easy for perpetrators to gain control of the victim. Two drugs were consistently reported in these types of cases of acquaintance rape: GHB (gamma- hydroxybutyrate) and Rohypnol (flunitrazepam). • Sexual harassment is the overall umbrella under which specific forms of sexual violence take place. Although it is true that men have been targets of sexual harassment, most victims are women. TESTBANK FOR CHAPTER 13 Multiple Choice Questions 1. Millett’s Sexual Politics a. contained numerous themes. One of the most important concerns the nature of the crime of rape. The author argues that rape is not a sexual act, rather it is a violent, political act. b. examines the concept of patriarchy which the author claims is a social and political system that is utilized by men to control women. c. discusses the history of rape and maintains that rape is an act used by men to maintain their domination over women by use of force. d. examines early feminist approaches to sexual abuse and concludes that sexual violence is based upon power, sexuality and social control. Answer: b 2. Griffin’s Rape: The All American Crime a. contained numerous themes. One of the most important concerns the nature of the crime of rape. The author argues that rape is not a sexual act, rather it is a violent, political act. b. examines the concept of patriarchy which the author claims is a social and political system that is utilized by men to control women. c. discusses the history of rape and maintains that rape is an act used by men to maintain their domination over women by use of force. d. examines early feminist approaches to sexual abuse and concludes that sexual violence is base upon power, sexuality and social control. Answer: a 3. Kelly’s Surviving Sexual Violence a. contained numerous themes. One of the most important concerns the nature of the crime of rape. The author argues that rape is not a sexual act, rather it is a violent, political act. b. examines the concept of patriarchy which the author claims is a social and political system that is utilized by men to control women. c. discusses the history of rape and maintains that rape is an act used by men to maintain their domination over women by use of force. d. examines early feminist approaches to sexual abuse and concludes that sexual violence is base upon power, sexuality and social control. Answer: d 4. Brownmiller’s Against our Will a. contained numerous themes. One of the most important concerns the nature of the crime of rape. The author argues that rape is not a sexual act, rather it is a violent, political act. b. examines the concept of patriarchy which the author claims is a social and political system that is utilized by men to control women. c. discusses the history of rape and maintains that rape is an act used by men to maintain their domination over women by use of force. d. examines early feminist approaches to sexual abuse and concludes that sexual violence is base upon power, sexuality and social control. Answer: c 5. Some of the more common theories on the causes of rape include a. sexual motivation, the culture of violence, socialization, psychological forces, machosim, and biological forces. b. power, the culture of violence, male socialization, psychological forces, machosim, and biological forces. c. sexual motivation, socialization, power, psychological forces, machosim, and biological forces. d. power, male socialization, psychological forces, machosim, control and biological forces. Answer: a 6. After researching rape for several years, Groth and Birnbaum established a more refined version of their original typology of rapist in their book, Men Who Rape. This new revised typology included a. the sadism rape, the power rape and the sexual rape. b. the sexual rape, the anger rape and the forced rape. c. the anger rape, the sexual rape and the power rape. d. the forced rape, the sadism rape and the anger rape. Answer: c 7. Victims of which type of rape typically need long-term psychiatric counseling, according to Groth and Birnbaum? a. Power rapes. b. Sadism rapes. c. Anger rapes. d. All of the above. Answer: b 8. Post-traumatic stress syndrome a. occurs when the victim experiences feelings of shame, humiliation, disjointedness, anger, inability to concentrate and withdrawal. b. is the development of a characteristic symptoms following a psychologically distressing event that is outside the range of usual human experience. c. is always present in every case of forcible rape. d. both a and c. Answer: b 9. Rape crisis syndrome a. occurs when the victim experiences feelings of shame, humiliation, disjointedness, anger, inability to concentrate and withdrawal. b. is the development of a characteristic symptoms following a psychologically distressing event that is outside the range of usual human experience. c. is always present in every case of forcible rape. d. both a and c. Answer: a 10. Rape shield laws a. are unconstitutional as they prevent the defendant from cross examining the victim. b. prohibit the defendant from questioning the rape victim regarding her previous sexual history c. prohibit the defendant from introducing any other evidence concerning the victim’s past sexual practices. d. both b and c. Answer: d 11. Sexual harassment a. involves requiring sex from a female by her supervisor as a condition of continued employment. b. the imposition of any unwanted condition on any person’s employment because of that person’s sex. c. involves an oppressive work environment where males make jokes about females. d. is a crime where the victim must be a female. Answer: b 12. Tangri, Burt and Johnson established models or types of sexual harassment, these included a. the natural/biological model, the organizational model, and the sociocultural model. b. the sexual model, the organizational model, the social model. c. the natural/sociocultural model, the biological model, and the organizational model. d. the natural model, the biological model, and the social model. Answer: a True-False Questions 1. Rape requires the penetration of the penis into the vagina therefore it is not possible for a woman to retain her hymen. Answer: False 2. For the crime of rape to be complete the male must ejaculate into the victim. Answer: False 3. Under most modern definitions of rape, it is legally impossible for a husband to rape his wife since a marriage presumes consent for normal sexual relations. Answer: False 4. Carnal knowledge of a female was one of the first terms used to connote sexual violence. Answer: True 5. Stranger rape is the most common form of sexual assault. Answer: False Essay Questions 1. Describe the various theories on the causes of rape. Answer: There are several theories that attempt to explain the causes of rape, ranging from individual-level factors to societal and cultural influences. Some of the key theories include: 1. Biological Theories: These theories suggest that certain biological factors, such as hormones or genetic predispositions, may contribute to the likelihood of committing rape. For example, some studies have suggested a link between high levels of testosterone and aggressive behavior, which could potentially increase the risk of rape. 2. Psychological Theories: These theories focus on individual psychological characteristics that may contribute to rape, such as personality traits (e.g., antisocial personality disorder), cognitive distortions (e.g., justifying rape or blaming the victim), or past experiences (e.g., childhood abuse). 3. Social Learning Theories: These theories suggest that individuals learn to commit rape through observation and imitation of others, as well as through reinforcement of behaviors by peers or media portrayals of rape. 4. Cultural Theories: These theories highlight the role of cultural factors, such as norms and beliefs about gender and sexuality, that may contribute to a society's tolerance or acceptance of rape. For example, cultures that emphasize male dominance and female submission may be more likely to condone or overlook rape. 5. Intersectional Theories: These theories recognize that the causes of rape are complex and can be influenced by multiple intersecting factors, such as race, class, gender identity, and sexual orientation. For example, individuals who belong to marginalized groups may face higher rates of rape due to systemic inequalities and discrimination. It's important to note that no single theory can fully explain the causes of rape, and different cases of rape may be influenced by a combination of factors. Additionally, these theories are constantly evolving as researchers continue to explore the complexities of sexual violence. 2. Compare and contrast the various types of rape. Answer: Rape can be categorized into various types based on different criteria. Here are some common types of rape along with their characteristics: 1. Acquaintance Rape: This type of rape occurs between individuals who know each other, such as friends, acquaintances, or dating partners. It often involves coercion, manipulation, or taking advantage of a position of power. 2. Stranger Rape: Stranger rape involves sexual assault by someone unknown to the victim. It may occur in public spaces or through encounters with strangers in private settings. 3. Marital Rape: Marital rape refers to non-consensual sexual activity between spouses. In many jurisdictions, this was historically not considered a crime, but attitudes and laws have evolved to recognize it as a form of sexual violence. 4. Date Rape: Date rape occurs when sexual assault is perpetrated by someone the victim is on a date with or has a romantic relationship with. It often involves the use of drugs or alcohol to incapacitate the victim. 5. Gang Rape: Gang rape involves multiple perpetrators assaulting a single victim. It is often characterized by extreme violence and can have devastating physical and psychological effects on the victim. 6. Statutory Rape: Statutory rape refers to sexual activity with a minor, regardless of whether the minor consents or not. The age of consent varies by jurisdiction, but in many places, engaging in sexual activity with someone below the age of consent is considered statutory rape. While these categories provide a broad overview of different types of rape, it's important to note that each case is unique and may not fit neatly into these categories. Additionally, the impact of rape can vary widely depending on the circumstances and the individuals involved. 3. Is sexual harassment a serious problem? Why? Answer: Yes, sexual harassment is a serious problem with significant implications for individuals, workplaces, and society as a whole. Here are some reasons why it is considered a serious issue: 1. Impact on Victims: Sexual harassment can have profound effects on the victims, including psychological harm, emotional distress, and physical health issues. It can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health problems. Victims may also experience a decline in job performance, loss of self-esteem, and difficulties in forming relationships. 2. Violation of Rights: Sexual harassment violates the fundamental rights of individuals to work or study in an environment free from discrimination, intimidation, and unwanted sexual advances. It undermines the principles of equality and respect for all individuals. 3. Impact on Work Environment: Sexual harassment can create a hostile work environment that negatively affects all employees. It can lead to decreased morale, increased turnover, and lower productivity. It also creates a culture of fear and silence, where victims may be reluctant to report harassment for fear of retaliation. 4. Legal and Financial Consequences: Employers can face legal action and financial penalties for failing to address sexual harassment in the workplace. This can include lawsuits, settlements, and damage to reputation. Organizations may also incur costs related to investigations, training, and implementing policies to prevent harassment. 5. Reinforces Power Imbalance: Sexual harassment often occurs in situations where there is a power imbalance, such as between a supervisor and an employee or between senior and junior colleagues. This reinforces existing inequalities and can perpetuate a culture of abuse and exploitation. 6. Prevalence: Studies consistently show that sexual harassment is widespread, affecting a significant proportion of individuals in various settings, including workplaces, schools, and public spaces. Its pervasiveness underscores the need for proactive measures to address and prevent it. In conclusion, sexual harassment is a serious problem that demands attention and action from individuals, organizations, and policymakers to create safe and respectful environments for all. 4. What are the stipulations for spousal rape under the Model Penal Code? Answer: Under the Model Penal Code (MPC), which is a proposed criminal code drafted by the American Law Institute, spousal rape is typically not specifically addressed as a separate offense. Historically, the MPC did not recognize the concept of marital rape as a crime because it was based on traditional common law principles that viewed marriage as implying ongoing consent to sexual activity. However, many states in the United States have updated their laws to recognize marital rape as a criminal offense, irrespective of the MPC's original stance. These laws vary by state but generally follow certain principles: 1. Requirement of Lack of Consent: Marital rape laws typically require that the sexual activity be non-consensual, just like in cases of non-marital rape. Consent in marriage is not presumed, and any sexual activity without explicit consent can be considered rape. 2. Spousal Relationship: The victim and the perpetrator must be legally married or in a spousal relationship for the offense to be considered spousal rape. Cohabitating partners or unmarried couples would not fall under this category. 3. Use of Force or Coercion: Some laws require the use of force or coercion to be present for the act to be considered rape, while others recognize that coercion can take various forms, including emotional manipulation or threats. 4. Penalties: Penalties for spousal rape vary by jurisdiction but typically include imprisonment, fines, and other legal sanctions similar to those for non-marital rape. It's important to consult the specific laws of the relevant jurisdiction for the most accurate and up-to-date information on spousal rape. Chapter 14 Stalking TEACHING POINTS • Stalking is a crime that can happen to anyone at any time. • Many individuals are stalked by their former husbands, live-in partners, girlfriends or boyfriends. • The study of the dynamics of stalking is still in its infancy. • The term stalking has become a buzzword for the media. • Stalking and domestic violence intersect in a variety of ways. • Research indicates that 81 percent of women stalked by an intimate have been physically assaulted by that person. • Stalking involves more than simply following another person before committing a crime. • Stalking involves a complex series of acts that, taken individually, might be normal everyday occurrences. • The crime of stalking is the knowing, purposeful course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death to him- or herself or a member of his or her immediate family. • Understanding stalking requires more than simply setting forth a definition of the act. Stalking is a course of conduct that may occur in a wide variety of situations. • The stalker with erotomania has a delusional disorder in which the predominant theme of the delusion is that a person, usually of higher status, is in love with the subject. • The love obsessional stalker is similar to the erotomaniac in many ways. The subject does not know his or her victim except through the media. • Unlike the two previous categories, a prior relationship existed between the simple obsessional stalker and his or her intended victim. • A new form of stalking that was not present when this text was originally published is becoming more and more common. Cyberstalking is the use of the Internet, email, or other electronic communications devices to stalk another person. • Stalking laws are a relatively recent phenomenon. California enacted the United States’ first stalking legislation in 1990. • Forty-eight states and the District of Columbia have adopted stalking laws. The remaining two states, Arizona and Maine, use their harassment and terrorizing statutes to combat stalking. States continue to amend their statutes to provide more protection to victims of stalking. • For stalking laws to withstand a constitutional challenge, they must prohibit specific, clearly defined activity. • A vague statute fails to provide explicit grounds for enforcement. A statute is vague if a person of common intelligence cannot ascertain the limits of lawful behavior. • Sanctions for stalking are as different as the statutes that define stalking in the various states. However, most sanctions can be classified into three distinct areas: pretrial release or bail provisions, types of punishment, and civil remedies. TESTBANK FOR CHAPTER 14 Multiple Choice Questions 1. Erotomania a. occurs when the stalker does not known his or her victim except through the media. b. occurs when there existed a prior relationship between the stalker and the intended victim. c. is a delusional disorder in which the predominant them of the delusion is that a person usually of higher status is in love with the stalker. d. both b and c. Answer: c 2. Love Obsessional stalking a. occurs when the stalker does not known his or her victim except through the media. b. occurs when there existed a prior relationship between the stalker and his or her intended victim. c. is a delusional disorder in which the predominant them of the delusion is that a person usually of higher status is in love with the stalker. d. both b and c. Answer: a 3. Simple Obsessional stalking a. occurs when the stalker does not known his or her victim except through the media. b. occurs when there existed a prior relationship between the stalker and his or her intended victim. c. is a delusional disorder in which the predominant them of the delusion is that a person usually of higher status is in love with the stalker. d. both b and c. Answer: b 4. Zona and his associates established the following typology of stalkers: a. psychopathic personality stalker and the psychotic personality stalker . b. pursuit of public figures by the mentally ill with no prior relationship, pursuit of public figures by healthy persons with no prior relationship, pursuit of regular citizens with no prior relationship and pursuit of regular citizens with some prior interpersonal relationship. c. erotomania, love obsessional and simple obsessional. d. celebrity, lust, hit, love-scorned, domestic and political stalkers. Answer: c 5. A statute is overbroad and therefore unconstitutional if a. it regulates conduct instead of speech. b. it fails to provide explicit grounds for enforcement. c. it prohibits both activities that are constitutionally protected, as well as activities that are protected. d. both a and c. Answer: c 6. A statute is vague and therefore unconstitutional if a. it regulates conduct instead of speech. b. it fails to provide explicit grounds for enforcement. c. it prohibits both activities that are constitutionally protected, as well as activities that are protected. d. both a and c. Answer: b 7. Stalking must be: a. directed at a group of people. b. activity that causes a reasonable person to be worried. c. dangerous activity. d. a knowing, purposeful course of conduct. Answer: d 8. Which of the following is not considered a type of stalking? a. Cyberstalking. b. Gang stalking. c. Threatening stalking. d. Teen stalking. Answer: c True-False Questions 1. All stalking laws require actual physical injury to the victim before the police may act. Answer: False 2. Zona and his associates list the psychopathic personality stalker and the psychotic personality stalker as the most deadly types of stalkers. Answer: False [Note: Gerberth defines the above stalkers, not Zona.] 3. For stalking, the fear of bodily injury is a subjective test.. Answer: False [Note: It is an objective ―reasonable person test.] 4. Gang stalking is a relatively new and unexplored form of stalking. Answer: True 5. Cyperstalking is an expanding form of stalking. Answer: True Essay Questions 1. Compare and contrast the various stalking typologies. Explain which typology you believe is the most comprehensive. Justify your answer. Answer: Stalking typologies categorize stalking behaviors into different types based on various characteristics and motivations of the stalker. Several typologies have been proposed, each with its own focus and criteria. Here, we'll compare and contrast some common stalking typologies: 1. Simple Obsessional Stalking: This typology is characterized by stalkers who have prior personal relationships with their victims, such as ex-partners or acquaintances. The stalking behavior is often triggered by a perceived rejection or loss of control over the victim. 2. Love Obsessional Stalking: Similar to simple obsessional stalking, but the stalker believes they are in love with the victim and often refuses to accept the end of a relationship. This type of stalking may involve delusional beliefs about the relationship. 3. Erotomanic Stalking: In this type, the stalker believes that the victim is in love with them, often involving a famous or high-status person. The stalker may interpret innocent actions by the victim as declarations of love, leading to persistent pursuit. 4. False Victimization Syndrome: This typology describes individuals who falsely believe they are victims of stalking, often due to underlying psychological issues. They may engage in behaviors that mimic stalking, such as excessive surveillance or reporting innocuous interactions as stalking. 5. Predatory Stalking: Predatory stalkers pursue their victims with the intent to harm or sexually assault them. They often plan their actions carefully and may stalk multiple victims over time. 6. Cyberstalking: Cyberstalkers use online platforms to harass and intimidate their victims. This can include sending threatening or obsessive messages, spreading rumors, or tracking the victim's online activity. 7. Political Stalking: Stalkers in this category target individuals based on their political beliefs or affiliations. They may harass, intimidate, or threaten individuals or groups with opposing views. 8. Celebrity Stalking: Similar to erotomanic stalking, celebrity stalkers fixate on famous individuals and may engage in behaviors such as following them, attempting to make contact, or sending unwanted gifts or messages. The most comprehensive typology depends on the context and purpose of the classification. For a broad understanding of stalking behaviors, a typology that includes simple obsessional, love obsessional, erotomanic, predatory, cyberstalking, and false victimization syndrome would be comprehensive. This would cover a range of motivations and behaviors, from those rooted in personal relationships to those driven by delusional beliefs or predatory intent. However, in terms of practical application and understanding, a simpler typology that distinguishes between stalking behaviors based on the nature of the relationship (personal vs. celebrity, for example) and the intent of the stalker (obsessional vs. predatory) may be more useful. Such a typology would provide a clearer framework for identifying and addressing different types of stalking behaviors in practice. In conclusion, while no single typology may be considered the most comprehensive in all aspects, a typology that encompasses the range of stalking behaviors, motivations, and contexts is likely to provide the most comprehensive understanding of the phenomenon. 2. What acts are prohibited under the proposed stalking statute set forth in the text? Answer: In the proposed stalking statute set forth in the text, the following acts are typically prohibited: 1. Intentional, repeated following or harassment: This includes physically following a person, monitoring their activities, or engaging in conduct that would cause a reasonable person to feel frightened, intimidated, or emotionally distressed. 2. Unwanted communication: This involves repeatedly contacting a person, whether through phone calls, text messages, emails, letters, or other forms of communication, when the contact is unwanted and causes distress. 3. Threats: Any direct or implied threats of harm or violence towards the victim or their loved ones are typically prohibited under stalking statutes. 4. Surveillance: Secretly monitoring or tracking a person's movements, activities, or communications without their consent can constitute stalking. 5. Trespassing: Entering or remaining on someone's property without permission with the intent to stalk or harass them. 6. Gathering information: Collecting personal information about a person from various sources, such as social media, public records, or through surveillance, with the intent to use the information to stalk or harass them. 7. Cyberstalking: Using electronic communication to stalk or harass a person, such as sending threatening or harassing messages, posting personal information online, or hacking into their accounts. 8. Other harassing behaviors: Any other behavior that is intended to harass, intimidate, or cause fear in the victim may be prohibited under a stalking statute. It's important to note that the specific acts prohibited may vary depending on the jurisdiction and the wording of the statute. Additionally, some statutes may require that the behavior causes the victim to fear for their safety or the safety of others in order to constitute stalking. 3. What is the Total Systems Approach to stalking? Answer: The Total Systems Approach to stalking is a comprehensive strategy for addressing stalking behaviors that involves collaboration between multiple systems and agencies. This approach recognizes that stalking cases often require a multidisciplinary response due to the complex nature of the behavior and its impact on victims. Key components of the Total Systems Approach to stalking include: 1. Law Enforcement: Police agencies play a crucial role in investigating stalking cases, collecting evidence, and ensuring the safety of the victim. They also work to hold the stalker accountable through legal action. 2. Legal System: Prosecutors and courts are responsible for ensuring that stalking laws are enforced and that perpetrators are appropriately punished. This may involve obtaining restraining orders, issuing warrants, and prosecuting cases in court. 3. Victim Advocacy: Victim advocates provide support and assistance to stalking victims, helping them navigate the legal system, access resources, and develop safety plans. 4. Mental Health Services: Stalking victims may experience significant emotional distress as a result of the stalking behavior. Mental health professionals can provide counseling and therapy to help victims cope with the trauma. 5. Community Resources: Community organizations and agencies can provide additional support to stalking victims, such as emergency shelter, financial assistance, and counseling services. 6. Education and Prevention: Public awareness campaigns and educational programs can help raise awareness about stalking and its impact, as well as educate the community about how to recognize and respond to stalking behaviors. By integrating these various components, the Total Systems Approach aims to provide a coordinated and effective response to stalking cases, ensuring that victims receive the support and protection they need while holding perpetrators accountable for their actions. 4. What is the constitutional argument in favor of allowing stalking-type activity? Answer: The constitutional argument in favor of allowing stalking-type activity typically revolves around the First Amendment right to freedom of speech and expression. Advocates of this argument argue that certain behaviors associated with stalking, such as following or monitoring someone, sending unwanted messages, or gathering information about someone, are forms of speech or expression that should be protected under the First Amendment. This argument suggests that restrictions on these behaviors could infringe on individuals' rights to engage in expressive activities, even if those activities are unwanted or cause distress to others. Advocates may also argue that stalking laws, if too broadly or vaguely written, could potentially chill legitimate forms of speech or expression, leading to a chilling effect on free speech. However, it's important to note that the First Amendment is not an absolute right and is subject to limitations, particularly when it comes into conflict with other important interests such as privacy, safety, and the prevention of harassment and intimidation. Courts have generally held that while certain forms of speech may be protected, such as peaceful protests or political expression, speech that constitutes a true threat, harassment, or invasion of privacy may not be protected. As such, while there may be some constitutional arguments in favor of allowing certain stalking-type activities under the umbrella of free speech, these arguments are generally weighed against the compelling state interests in protecting individuals from harm and ensuring their safety and well-being. 5. Why is cyberstalking such a rapidly-growing (and potentially more dangerous) form of stalking? Answer: Cyberstalking is a rapidly growing and potentially more dangerous form of stalking due to several factors: 1. Anonymity: Perpetrators can easily conceal their identity online, making it difficult for victims to identify or escape from them. This anonymity emboldens stalkers, as they feel less accountable for their actions. 2. Access: The internet provides easy access to a wealth of personal information about individuals, making it easier for stalkers to gather information and monitor their victims' activities without their knowledge. 3. 24/7 Availability: The internet allows stalkers to harass their victims at any time of the day or night, leading to a constant sense of fear and intrusion for the victim. 4. Reach: Cyberstalking allows perpetrators to target victims across geographical boundaries, making it harder for law enforcement to track and apprehend them. 5. Tools and Technology: Advancements in technology, such as GPS tracking, spyware, and social media, provide stalkers with sophisticated tools to track, monitor, and harass their victims. 6. Psychological Impact: Cyberstalking can have a profound psychological impact on victims, causing anxiety, depression, and feelings of helplessness. The sense of being constantly watched or monitored online can be particularly distressing. 7. Permanence of Information: Once information is posted online, it can be difficult to remove or erase, leading to a prolonged threat for victims even after the stalking behavior has ceased. 8. Lack of Awareness: Many people are unaware of the potential dangers of cyberstalking or how to protect themselves online, making them more vulnerable to exploitation. Overall, the combination of anonymity, easy access, and the pervasive nature of the internet makes cyberstalking a particularly insidious form of stalking that can have serious and long-lasting effects on its victims. Chapter 15 Victims’ Issues TEACHING POINTS • Although all authorities acknowledge that those who are abused in an intimate relationship are victims, many researchers tend to focus on the medical or psychological treatment of these victims. • Many victims of family violence suffer both psychological and physical injuries as well as financial loss. • The victim of a crime has not always been the forgotten voice in the courtroom. • Early civilizations accorded victims many more rights than did modern states until the birth of the victims’ rights movement in the United States. • Americans living overseas who experience domestic violence face numerous barriers to accessing victim services. They are probably unfamiliar with the country’s legal system and their rights and available resources. • Restoring the victim’s emotional and financial status by using the judicial system cannot occur in a single court hearing. It is a multifaceted process that involves prosecutors, judges, court personnel, and private attorneys. • There are numerous types of civil litigation; however, one that is of particular importance to victims of domestic violence is called a tort. • A tort has been defined as a legal wrong committed on the person or property of another independent of contract. • A tort may occur either as the result of the negligence of another or as the consequence of another’s intentional act. • Torts include actions that result in physical injury or death and damage to one’s reputation. • The same act that may be punished under a criminal code may also give rise to a civil cause of action in tort. • The growth of victim compensation statutes and restitution of victims in the United States is a relatively recent phenomenon. • Compensation can be defined as public funds that are paid to victims or their families to recover out-of-pocket expenses for injuries suffered as a result of another’s criminal act. • Victim compensation laws allow those who have suffered economic loss to partially recover funds from a state-supported fund established for that purpose. • From a family violence perspective, one of the most troubling aspects of some early victim compensation statutes was the prohibition against awarding any funds to victims if they were related to the offender. Under these programs, battered spouses and abused children were deemed ineligible for compensation. • Restitution is part of a criminal sentence that requires the offender to pay for injuries suffered by the victim. The original rationale for restitution was to require the party that injured the victim to pay for her injuries. • The ability of courts to order restitution has been a part of the common law in the United States. • Victim impact statements, in essence, present the victim’s point of view to the sentencing authority. • Victim impact statements may take two distinct forms: victim input at plea agreements and victim impact statements after trial and prior to sentencing. • The effect of victim impact statements is still being studied and debated. One area being looked at very carefully is victim satisfaction with victim impact statements. TESTBANK FOR CHAPTER 15 Multiple Choice Questions 1. Victimology is a. the study of victims. b. the study of criminals c. the study of the victim, the offender, and society. d. the study of society’s reactions to victimization. Answer: c 2. A tort is a. a civil wrong committed by another person upon the person or property of another. b. a personal injury committed by a third party upon the person or property of another. c. a legal wrong committed upon the person or property of another independent of contract. d. both a and b. Answer: c 3. A complaint is a. a formal written document that either admits or denies allegations. b. a formal written document stating certain causes of actions that the plaintiff alleges entitles him or her to recover damages from the perpetrator. c. a formal written document that allows one party to obtain information regarding the finances of the perpetrator. d. both a and c. Answer: b 4. An answer is a. a formal written document that either admits or denies allegations. b. a formal written document stating certain causes of actions that the plaintiff alleges entitles him or her to recover damages from the perpetrator. c. a formal written document that allows one party to obtain information regarding the finances of the perpetrator. d. both a and c. Answer: a 5. Primitive laws were characterized by the following: a. the injured party was entitled to take action against the wrongdoer. b. the injured party was allowed to retaliate against the wrongdoer in-kind or to inflict the same amount of punishment on the wrongdoer that he inflicted upon the injured party. c. acts that injured others were considered private wrongs. d. all of the above. Answer: d 6. Mendelsohn developed a typology of victims and their contribution to the criminal act. He classified victims as a. completely innocent victim, partially innocent victim, most guilty victim, victim with minor guilt, victim more guilty than the offender, victim who is the offender. b. imaginary victim, completely innocent victim, partially innocent, victim more guilty than the offender, victim who is as guilty as the offender. c. imaginary victim, completely innocent victim, most guilty victim, victim with minor guilt, victim more guilty than the offender, victim who is as guilty as the offender. d. imaginary victim, real victim, financially injured victim and physically injured victim. Answer: c 7. Discovery is a. a formal method of learning the facts, theories and positions of opposing parties by means of written or oral questioning. b. a formal method of learning the facts, theories and positions of the parties prior to filing a complaint. c. a formal method of learning the facts, theories and positions of the parties after judgment. d. both b and c. Answer: a 8. When the plaintiff asks to be made whole or reimbursed for expenses incurred as the result of an injury, this is known as a. restorative justice. b. punitive damages. c. restitution. d. compensatory damages. Answer: d 9. When the plaintiff asks for damages to punish the defendant for conduct that is considered outrageous, this is known as a. restorative justice. b. punitive damages. c. restitution. d. compensatory damages. Answer: b 10. When public funds are paid to victims or their families to recover out-of-pocket expenses for injuries suffered as a result of another’s criminal act, this is known as a. restorative justice. b. compensation c. restitution. d. compensatory damages. Answer: b 11. When part of a criminal sentence requires the offender to pay for injured suffered by the victim, this is known as a. restorative justice. b. compensation. c. restitution. d. compensatory damages. Answer: c 12. The Justice for All Act provides for all of the following except: a. the right to be protected from the accused. b. the right to privacy. c. the right to reasonable notice of hearings, proceedings, escape or release of the accused. d. the right to be heard at public proceedings involving the accused. Answer: b True-False Questions 1. VonHentig theorized that a large percentage of victims because of their acts or behavior were responsible for their victimization. Answer: True 2. Victim Impact Statements are an important part of the determination of guilt of the defendant. Answer: False 3. Primitive laws are laws which governed preliterate societies. Answer: True 4. VonHentig coined the term victimology. Answer: False [Note: Mendelsohn coined the term.] 5. According to Mendelsohn, the victims who are suffering from mental disorders and believe they are victims are considered imaginary victims. Answer: True Essay Questions 1. Explain the purpose of victim impact statements. Answer: Victim impact statements are written or oral statements presented to the court during the sentencing phase of a criminal trial. The purpose of these statements is to allow crime victims, or their loved ones, to describe the impact the crime has had on them physically, emotionally, psychologically, and financially. These statements serve several purposes: 1. Give Victims a Voice: Victim impact statements give victims an opportunity to express the pain, suffering, and trauma they have experienced as a result of the crime. This can be empowering for victims who may feel silenced or overlooked in the criminal justice process. 2. Inform Sentencing: Judges and juries may consider victim impact statements when determining an appropriate sentence for the defendant. Hearing directly from the victim can provide a more complete picture of the harm caused by the crime and may influence the severity of the sentence. 3. Hold Offenders Accountable: Victim impact statements can help hold offenders accountable for their actions by highlighting the real-life consequences of their crimes. This can help offenders understand the harm they have caused and potentially deter them from committing future crimes. 4. Provide Closure: For many victims, giving a victim impact statement can be a cathartic experience that helps them process their feelings and begin to heal from the trauma of the crime. It can also provide a sense of closure knowing that their voice has been heard in court. Overall, victim impact statements play an important role in the criminal justice system by centering the experiences and needs of crime victims and ensuring that their voices are heard and considered in the sentencing process. 2. How did Mendelsohn classify victims? Answer: Mendelsohn classified victims into four categories based on their level of blame for the crime: 1. Completely innocent victims: These are victims who bear no responsibility for the crime committed against them. They are seen as entirely blameless and deserving of sympathy and support. 2. Victims with minor guilt: These victims are partially responsible for the crime, but their actions or behaviors do not justify the harm done to them. They may have engaged in risky behaviors or made poor decisions, but these actions do not excuse the offender's behavior. 3. Victims more guilty than the offender: In these cases, the victim's actions are seen as more blameworthy than the offender's. This could occur if the victim provoked the offender or engaged in criminal behavior themselves. 4. Victims as guilty as the offender: These victims are viewed as equally responsible for the crime as the offender. This could occur if the victim and offender were both engaged in criminal activity or if the victim's actions directly led to the crime being committed. Mendelsohn's classification system was developed to help understand how different factors, such as victim behavior, might influence perceptions of victim blame. It is important to note that this classification system has been criticized for oversimplifying the complexities of victimization and for potentially blaming victims for crimes committed against them. 3. What was the purpose of the Victims’ Rights Constitutional Amendment? Answer: The purpose of the Victims' Rights Constitutional Amendment was to ensure that crime victims have certain rights and protections throughout the criminal justice process. This amendment aimed to balance the rights of victims with those of the accused, recognizing that victims play a crucial role in the criminal justice system and should be treated with dignity, respect, and fairness. Some key provisions of the Victims' Rights Constitutional Amendment include: 1. Notification: Victims have the right to be notified of significant developments in their case, such as the arrest, release, or escape of the accused. 2. Attendance: Victims have the right to attend court proceedings related to their case and to be heard at certain stages of the process, such as at bail hearings or sentencing. 3. Restitution: Victims have the right to receive restitution from the offender for any financial losses suffered as a result of the crime. 4. Protection: Victims have the right to be protected from intimidation, harassment, or retaliation by the accused or their associates. 5. Privacy: Victims have the right to privacy and to have their personal information protected during the criminal justice process. 6. Fairness: Victims have the right to be treated with fairness, respect, and dignity throughout the criminal justice process. Overall, the Victims' Rights Constitutional Amendment sought to ensure that crime victims are afforded certain fundamental rights and protections to help them cope with the impact of the crime and participate meaningfully in the criminal justice process. 4. Explain the Wolfgang study in Philadelphia. Answer: The Wolfgang study in Philadelphia, conducted in the 1940s and 1950s, was a groundbreaking research project that examined the clearance rates of homicide cases and the characteristics of offenders. The study was led by criminologist Marvin Wolfgang and his colleagues. One of the key findings of the study was the concept of the "law of criminal concentration," which suggested that a small number of offenders were responsible for a disproportionately large number of crimes. Wolfgang found that a significant proportion of homicide offenders had prior criminal records and were likely to commit multiple offenses. Another important finding of the study was the low clearance rate of homicide cases. Clearance rate refers to the proportion of reported crimes that are "cleared" or solved by the police. Wolfgang found that only about one-third of homicide cases were cleared, meaning that the majority of cases went unsolved. The Wolfgang study also provided valuable insights into the characteristics of homicide offenders. The study found that most homicide offenders were male, young, and from disadvantaged backgrounds. Many offenders had histories of violence and criminal behavior. Overall, the Wolfgang study had a significant impact on the field of criminology by highlighting the importance of focusing on repeat offenders and understanding the factors that contribute to criminal behavior. The study also underscored the challenges faced by law enforcement agencies in solving and preventing violent crimes. Test Bank for Family Violence: Legal, Medical, and Social Perspectives Harvey Wallace, Cliff Roberson 9780205959877
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