Abstract
There is no obvious reason why females should be victims in the general criminal law any more often than males. Indeed, in certain offences, there is little doubt that males are more highly represented in the victim group.1 It may, therefore, seem unnecessary to treat females as a special category of victim, since liability to become a victim seems rather randomly spread, and is, apparently, not genderspecific.2 However, gender does have a relevance to the criminal law, not only in the methods by which female offenders are treated,3 but also in certain types of offences — notably those involving sexual activities. Of obvious importance in such offences are the crimes of rape and incest which have, by definition in the case of rape, and by practice in the case of incest, a predominantly female victim group.
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Notes
For discussion, see M. Hindelang, M. Gottfredson and J. Garofalo, Victims of Personal Crime: An Empirical Foundation for a Theory of Personal Victimization (Cambridge, Mass: Ballinger Publishing, 1978 )
M. Hough and P. Mayhew, The British Crime Survey (London: HMSO, 1983 ).
There is, however, some evidence that a combination of race and sex may render an individual more vulnerable to certain types of victimisation. For discussion, see J. Hanmer and E. Stanko, ‘Stripping Away the Rhetoric of Protection: Violence to Women, Law and the State in Britain and the USA’, International Journal of the Sociology of Law, 13 (1985), pp. 357–74.
For discussion of incest and its impact, see K. C. Meiselman, Incest ( London and San Francisco: Jossey-Bass Publishers, 1979 )
S. Forward and C. Buck, Betrayal of Innocence: Incest and its Devastation ( Harmondsworth: Pelican, 1981 ).
T. W. McCahill, L. C. Meyer and A. M. Fischman, The Aftermath of Rape ( Lexington, Mass: Lexington Books, 1979 ), p. 103.
S. S. M. Edwards, Women on Trial (Manchester University Press, 1984 ), p. 4.
see also J. Temkin, ‘Evidence in Sexual Assault Cases: The Scottish Proposals and Alternatives’, Modern Law Review, 47 (1984), pp. 625–49
H. S. Field and L. B. Bienen, Jurors and Rape (Cambridge, Mass: Lexington Books, 1980 ).
For discussion, see M. J. Walker and S. L. Brodsky (eds), Sexual Assault: The Victim and the Rapist ( Lexington, Mass: D. C. Heath & Co, 1976 ).
For a full analysis of the genesis and history of rape, see S. Brownmiller, Against Our Will, ( Harmondsworth: Penguin, 1976 ).
B. Toner, The Facts of Rape ( London: Arrow Books, 1982 ), p. 236.
I. Illich, The Expropriation of Health: Medical Nemesis ( Harmondsworth: Penguin, 1977 ).
J. Mitchell, ‘Women and Equality’, in J. Mitchell and A. Oakley (eds) The Rights and Wrongs of Women ( Harmondsworth: Penguin, 1976 ), p. 381.
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© 1988 Sheila McLean and Noreen Burrows
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McLean, S.A.M. (1988). Female Victims in the Criminal Law. In: McLean, S., Burrows, N. (eds) The Legal Relevance of Gender. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-19353-0_10
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DOI: https://doi.org/10.1007/978-1-349-19353-0_10
Publisher Name: Palgrave Macmillan, London
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