The Types of Sex Crimes - Essay Example

?Sex Crimes Sex Crimes College Sex crimes aggravate anger and fear in the neighbourhood which paved the way for the enactment laws to prevent sexual violence like registration of sex offenders, notification to community (Megan’s law), and restrictions on residence, electronic monitoring and civil commitment. This research essay will analyse the various types of sex offenses, the strategies to reduce the sex offenses, the statistical data on sex offenses, classification of sex offenses and Megan’s law in USA and the ways and means to reduce the sex offense crimes. Introduction Sex crimes include incest, rape, bigamy, child pornography, child molestation, indecent exposure, sodomy and prostitution. Nowadays, sexual motives play a pivotal role in stranger murders, intimate murders, serial murders, child murders, sexual abuse murders and prostitute murders. There exist a close link between homicide and sex. Sexual homicide can be defined as homicide where there exists a sexual motive, relationship or perversion, which includes molestation, rape, intimacy, prostitution, sexual jealousy and battering. Sexual homicide means the killing of an individual in the background of sexuality, brutality and power. Sex played a dominant role in various varieties of homicides involving kids, sexual workers and serial killers. (“Flowers, 2006, p.9”). Sex offenders comprise of an assorted group of individuals. The term sex offender is associated with the individuals who have carried out felonies like rape, engaged in child pornography, sexual murders and indecent exposures. Sexual offenders can be either juveniles or adults, male or female and of any age. Majority of sexual offenders aware of their victims and are associated to them, have some relationship with them or might have some authority over the minor or acquainted with them. Further, sexual offenses differ across cultures, religions, countries and states. In sexual offenses, there is a lack of consent on the part of victim and some level of intention on the part of an offender. Since 1980, many laws have been enacted in USA to enhance the supervision and administration of sexual offenders. For instance, such policy requires registration of sexual offenders, notification to community, restriction on residence, monitoring by GPS and compulsory chemical castration for those sex offenders under parole. (“Terry, 2010, p.3”). Statistical Date of Sexual Crime in USA In USA, as per the US Department of Justice, in every 2.7 minutes, one person is raped. In their life’s time, every one out of six American women has been the target of an attempted or suffered rape. In their life’s time, one in every thirty-three American men have witnessed an attempted or experienced a rape. In 73% of the sexual / rape attempts, the offender was well known to the victim who may be either an acquaintance or a friend or an intimate. About 191,670 rapes / sexual assaults were experienced by the victims with an average age of 12 or older in 2005 alone. Further, kids under the age of twelve comprise of 15% of the sexual /rape victims. Further, those under the age of 18 comprise about 44% of rape or sexual assaults. About 62% of the all sexual assaults or rapes were not made a complaint to the law enforcement in the year 2005. Of all the age group, people in the age group of 16 to 19 had a higher scale of sexual victimization. About 66% of prostitutes were reported to be sexually assaulted when they were as a kid. About 12% of the rape cases were recognised as alleged drug-facilitated cases in an emergency ward of a hospital. About 64,080 American women were reported to be raped in the year 2004-2005 alone. The occurrence of pregnancy for every-time unprotected sexual intercourse is estimated at five percent as per the medical reports. By applying the same to the 2004-05 rape victims, one can come to a conclusion that there would be 3,204 pregnancies due to sexual assault in that period as per RAINN report. Further, those kids who witness sexual assault are probable to be sexually assaulted when they become women. (www.parentsformeganslaw.org, 2012). “Source- U.S Census Bureau, Statistical Abstract of the United States: 2012” If one analyses the above table, the number of rape victims was high in the year 1990, 2000 and in 2006 and has come down in 2009. The decline in rape victims from the year 2007 can be attributed to the process of registration of sexual offenders, notification to community, restriction on residence, monitoring by GPS and compulsory chemical castration for those sex offenders under parole. Aftermath or Side Effects of Rape/ Sexual Assault A sufferer of sexual assault is likely to suffer from depression about three times , victims are likely to suffer about six times from post-traumatic stress disorder and victims are likely to use alcohol about thirteen times , to use drugs about 26 times and likely to commit suicide by about four times. Taxonomy of Sex Offences Sex felonies can be distinguished as per the norm, whether they include any physical attack and the characteristic of a victim and for instance, rape – or in case of consenting adults, like consensual sodomy. In case of absence of a valid consent and when there is a physical attack, these cases are normally reported to police and there would be an investigation on the matter. The consensual sodomy is most often regarded to be not offensive to others and is never investigated or reported. (Orthmann & Hess, 2012, p.330). Bigamy is when a married person tries to have a relationship beyond the wedlock. Child molestation is normally regarded as a felony and includes lascivious and lewd acts , incest , indecent exposures , a rape associating with a kid , female or a male , under the age of fourteen. Child molestation charge is very difficult to prove as kids are normally not taken into confidence. Further, parents are more or less reluctant to bring charges in such instances. Incest refers to sexual intercourse between close relatives and family members, including kids related through the adoption process. Indecent exposure is exposing genitals of a person to another individual to such magnitude as to jolt the other’s sense of civility. This will fall under misdemeanour. If the offense is repeated, then it will be categorised as a felony in the majority of the states in USA. In the normal sense, the exhibitionists are regarded as less dangerous, whereas they may be turned to be dangerous if they are ill-treated or disgraced. Sodomy is any guise of copulations of either oral or anal. Though, sodomy in the ordinary sense refers to an act being carried out by homosexual males, but it is not restricted between them but can be extended to between a male and a female, between an animal and a human being (bestiality) or between two animals. In case if there is an anal or oral penetration, it has to be proved. If the sodomy act is voluntary between two parties, then both parties will be regarded as guilty. If between the consulting adults, if the sodomy is carried in a private place, then it would be very arduous to get adequate evidence to prove the offence by the prosecution. However, Sodomy between consulting is no longer is regarded as a crime in some states. However, if sodomy is carried between an adult and a juvenile, then, it will be regarded as a crime. (Orthmann & Hess, 2012, p.330). Sexual assault or rape is a sexual copulation with an individual against her/his will. Rape is regarded as a grave crime immediately after the murder and in most states, carries a heavy penalty. Contemporarily, it is regarded as a violent assault instead of type of deviance. (Orthmann & Hess, 2012, p.330). When investigating sex offenses, the following terminologies are normally used; Digital penetration- the way of employing digits (fingers) to manipulate or penetrate sexual parts, which include anus, vagina and penis. Cunnilingus- refers to sexual action associating with oral contact with the female genitals. Intimate Parts- normally connotes to the main genital provinces like inner thighs, groin, breasts and buttocks. Fellatio – sexual action concerning with oral touch with male genitals. Penetration- any incursion, even may be slight, of any provinces of an individual’s body or any object inserted or manipulated into anal or genital openings of another individual body, which includes sexual copulations in its normal meaning. No proof for emission of semen is needed and any act of sexual penetration by the offender without positive, free consent of the victim and this type of penetration tantamount to the crime of sexual assault. Oral Copulation- the action of joining the mouth of one individual with the sexual organ of another individual. Sexually explicit demeanour- any method of sexual intercourse between the opposite sex, sadomasochistic abuse, bestiality, lewd exhibition, abuse and mutual masturbation. Sexual Contact- this act connotes any action without the consent of the complainants for the alleged aggressive or sexual satisfaction like touching the complainant’s intimate organs or compelling another individual to touch one’s genital organs. Sadomasochistic abuse- torturing or whipping for sexual indulgence. Date Rape: This is also known as acquaintance rape in which a rape victim knows the offender. Normally, drugs, including alcohol are associated in these cases. Due to impacts of the drugs, victims will be physically helpless and is unable to decline sex and even not able to recollect what has occurred. Since the drugs do not have smell, color or taste, and can be easily mixed with flavoured drinks without the knowledge of victims. This is also known as drug facilitated sexual assault. (Orthmann & Hess, 2012, p.330). Rape or Sexual Assault Majority of states have surrogated the term sexual assault for rape. In case of rape or sexual assault, it covers both men and women. However, in general, it has been regarded as the victim is normally female and the alleged suspect is male. Sexual assault is frequently referred as either statutory or forcible. Statutory rape is sexual intercourse with a minor either with or without his approval. Forcible rape is sexual intercourse against individual will either by the threat or use of force. In a drug facilitated rape, the offender wantonly drugs the victim or makes the victim to drink and then carries outs the rape. An incapacitated rape happens when the victim willingly takes drugs or drinks alcohol and then the offender takes the benefit of the victim’s intoxicated condition, and then the offender rapes her. (“Orthmann & Hess, 2012, p.330”). Megan’s Law It is the first ever law in USA, which demands some convicted sexual offenders to compulsorily register with law enforcement authorities and to offer for community notification footing upon the magnitude of risk that these sex offenders may commit sexual felonies in the near future. On 17th May, Megan’s law was signed by the President Clinton, and this Federal law requires all the 50 states in USA to have sexual offender registration laws and all the 50 states now have sex offender public notification laws. Megan’s law being a federal law that permits the release of information to the public about notorious convicted sexual offenders. (“Peters, 2005, p.9”). SORNA connotes to the Sex Offender Registration and Notification Act. This comes under the Title I of the Adam Walsh Child Protection and Safety Act of 2006. SORNA offers a wide-ranging set of minimum norms for registration of sex offenders and its notification in USA. SORNA’s main aim is to put a full stop to the probable loopholes and gaps that subsisted under earlier law and normally fortifies the countrywide system of sex-offender registration and notification schemes. (Doerner & Lab, 2012, p.168). In Kennedy v Louisiana was a famous case where US Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause did not authorize the state to inflict the death penalty for sexual assault crime, which did not end in death of the victim and is now restricted to crimes against the state in case of treason or espionage only. In this case, the defendant sexually battered his eight-year old step daughter and as the result of sexual attack, the child sustained multiple internal injuries and immediately needed emergency surgery. In this case, US Supreme Court held that since the victim was not dead!, it vacated the death sentence, and Kennedy was given life imprisonment instead of a death penalty. (Doerner & Lab, 2012, p.168). In “Coker v. Georgia”, Coker was sentenced for the charge of rape, murder, and kidnapping. While serving the sentence, he escaped from the facility, and again, he was found to have sexually assaulted a female victim. He was awarded a death penalty due to his past crime history and for commission of multiple felonies, including rape and sexual assaults. Cooker appealed to the US Supreme Court on the ground that the punishment did not commensurate with the crime. Thus, Cooker raised the issue, whether the death penalty was proper for a non-capital offense. Concurred with his view , the Supreme Court of US viewed that death penalty is grossly lopsided for the offence of rape and hence not permitted under the Eight Amendment and awarded him life imprisonment. (Doerner & Lab, 2012, p.168). Blind Reporting Sexual assault or rape victims may witness hurt, vulnerable, foolish and frightened immediately after the incident. Blind reporting permits sexual assault victims to retain their secrecy and confidentiality while exchanging the critical information with the police. It also allows victims to collect legal information from the law enforcement agency without having to undertake instantly to an investigation. Prosecution of a Sexual Assault or Rape Charges Under older laws, it was very difficult to prosecute an offender for rape. However, even now, it remains not easy to obtain a conviction even after changes in law on the basis of the victims’ testimony alone. Conclusion As per Marshall & Barbaree (1970), cognitive – behavioural treatments have become the novel approach for the treatment of sex offenders. As per Schlank & Shaw (1996), some of the sex offenders wholly refute any association in the sexual offense, and majority prolongs to deny critical elements of their offense even after being prosecuted. O’ Dohohue & Letour (1993) were of the view that sex offenders cannot be anticipated to wholly engage in treatment or work toward transforming their demeanor without accepting their own accountability for the crime and their issue with sexual demenors. Anna Slater (1988, p.67) stressed that sex offense perpetrators should assume accountability for sexual abuse without projecting, minimizing or externalizing blame on to others. Thus, there is a close link between denial and accountability in the treatment of sexual offenders. (Schneider & Wright, 2004, p.4). It is recommended that there should be more effective legal solutions which include engrossing the media in the dissemination of evidence –oriented information, establishing strategies that employ risk evaluation strategies to recognise high risk offenders, and creating a more efficient dispersal of resources that enhances the most strict interventions and restrictions for the most hazardous offenders. References Doerner, WG & Lab, SP. (2012). Victimology. New York: Elsevier. Flowers, RB. (2006). Predators, Prostitutes and Victims. New York: Charles C Thomas Publisher. Orthmann, CH & Hess, KM. (2012). Criminal Investigation. New York: Cengage Learning. Peters. A. (2005). How to Stop Crime? Megan’s Law as a Strategic Approach to Crime Prevention. New York Grin. Schneider, SL & Wright, RC. (2004). A Review of Cognitive and Motivational Processes to Avoid Responsibility. Truma, Violence & Abuse, 5(1), 3-20. Terry, K. (2010). Sex Crimes. Oxford: Oxford University Press. www.parentsformeganslaw.org. (2012). who are the Victims? Retrieved June 26, 2012, fromhttp://www.parentsformeganslaw.org/public/statistics_rape.html Read More