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Criminological Characteristics of Sexual Violence
Criminological Characteristics of Sexual Violence
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Int. Conf. SOCIETY. HEALTH. WELFARE. 2016
1 Introduction
Across the world, crime, disorder and justice are increasingly pressing concern. Fear of
crime and proliferating global threats have contributed to a pervasive sense of insecurity
(9, 2014). Today in criminology describing the crime phenomenon in particular releases of
violent crimes. According to Morgan, Maguire and Reiner postmodern criminologists draw
on a variety of theoretical perspectives to interpret and explain crime, making it impossible
to distinguish clear-cut ’schools’ of thought or to identify a specific dominant paradigm (26,
1996).
Criminology defines aggression as an activity resulting in physical harm or mental injury
to surrounding people and is accompanied by strong, negative emotions – hate, hostility,
and loathing. Mass aggression manifests itself in genocide, terror, ethnic and ideological
forms of clashes (12, 2004). Violent crime is a major problem worldwide, it manifests itself
between individuals, social groups and classes, nations and countries. American researchers’
(Friedman, K., Bischoff, H., Davis, R.C. & Person) state that in recent years crime has
become as a metaphor for fear and insecurity. Violence is a complex that rooted in a multitude
of discipline, including criminology, psychology, sociology, biology, medicine and other
discipline. The research proves that, in Latvia, one of the major threats to the public health
and to life is increasing manifestations of violence. Significant amount of violent crimes are
committed on the streets, squares, parks or other public places, including schools. Criminal
victimization can cause both short-term and long-term stress reaction.
Violence is the intentional use of physical force or power, threatened or real, against
another person, or against a group or community that either results in or has high likelihood
of resulting in injury, death, psychological harm, mal-development, or deprivation and legally
proscribed by law (28, 2011). Violence is not only means of reaching one’s aims, but also
motivational and expressive element – an opportunity to subdue other individuals and to
have control over others. Social role theory argued that violence is part of men‘s nature, not
C The Authors, published by EDP Sciences. This is an Open Access article distributed under the terms of the
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Int. Conf. SOCIETY. HEALTH. WELFARE. 2016
women‘s. According to American social psychologist Leonard Berkowitz, men and women
are educated, traditionally, to carry out different social roles. Berkowitz uses the following
reasoning for his theory: Think of all the ways in which modern Western society teaches
children that fighting is more suitable for men than for women. Folk literature and the media
constantly present men, and not women, fighting. Parents buy toy guns for boys and dolls for
girls. Parents are more willing to endorse and encourage the aggressive behavior of boys, and
not of girls. Again and again, directly and indirectly, minors learn that men are aggressive,
and women not (14, 1993).
A survey sent to 8000 women and 8000 men found that their partner had victimized
approximately 50% of the women raped by an intimate partner and 66% of women physically
assaulted by an intimate partner multiple times (16, 2003). It is further shocking that globally
as many as 38% of murders of women are committed by their intimate partner. Research of
the individual health threat origins shows that sexual violence is one of the most serious public
health problems with a long-term physical and mental health complications that involve
considerable social and public health costs. For example, the number of sexual violence cases
affect up to 33% of women, there are also studies where 53% of cases of sexual violence
where adolescent pregnant women are noted (1, 2008). World Health Organization World
Report on Violence and Health recognizes that sexual violence results in an increased health
risks associated with several body systems, such as, neural, cardiovascular, gastrointestinal,
urogenital, reproductive, musculoskeletal, immune and endocrine systems (37, 2002). The
study of child sex abuse in Latvia highlighted that yearly at least 1000 children suffer from
the sexual abuse, although it is presumed that this figure may be considerably higher, up
to 5000 (22, 2007). In addition to the negative impact of sexual violence on the physical
and mental health, studies reveal that experiencing violence in childhood and adolescence
increases the likelihood of experiencing such violence in adulthood (19, 2011).
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of the Child Law sexual abuse are the involving of a child in sexual activities that the child
does not understand or to which the child cannot knowingly give consent. In a lot of countries
the criminal law provides that criminal liability exists for sexual contact with a person who
has not reached the age of 16, even if this person has assented of their own free will to the
sexual intercourse and has even wanted it (4, 2003).
Sexual violence is related not only to satisfaction of one’s sexual needs, but also to the
desire for power and control, and to a variety of mental problems. Deviations and problems in
sexual life may determine the type of violent forms of behaviour. Perpetrator’s behaviour is
motivated by both sexual and nonsexual components. Sexual abuse refers to different sexual
acts different conditions and forms (6, 2003):
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The author provides a possible definition of sexual violence – sexual violence is diverse,
any physical, virtual, or verbal activity or a sexual assault, or an attempt to have sexual
contact, or remote actions in cyberspace, or any other activities against the victim’s will
involving physical force, power, deceit, coercion, or threats or using victim’s helplessness
or overcoming its resistance thus violating another’s sexuality, causing the victim a wide
range of concerns: physical pain, mental and physical injury, and material damage.
The author offers a possible concept of sex crime (sexual offense), defining it as an
intentional subject’s sexual action or actions containing sexual meaning in relation to socially-
accepted moral norms and values protected by criminal law – real or virtual disregard and
violation of victim’s sexual freedom and sexual inviolability (2, 2015).
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Chapter – morality and sexual inviolability are closely related, the theory of criminal law
conditionally divide such offenses into two groups: 1) offenses against sexual freedom and
sexual inviolability; 2) offenses against morality (35, 2009). They are – Rape (Section 159);
Sexual violence (Section 160); Acts of Sexual Nature with a Person who has not Attained
the Age of Sixteen Years (Section 161); Leading to Depravity (Section 162); Encouraging
to Involve in Sexual Acts (Section 1621 ); Establishment, Maintenance, Management and
Financing of Brothel (Section 1631 ); Involvement of a Person in Prostitution and Use of
Prostitution (Section 164); Living on the Avails of Prostitution (Section 165); Sending
a Person for Sexual Exploitation (Section 1651 ); Violation of Provisions Regarding the
Demonstration of a Pornographic Performance, Restriction of Entertainment of Intimate
Nature and Handling of a Material of Pornographic Nature (Section 166).
These crimes concern the sphere of sexual life a person – both the offender and the
victim – that is, the sphere of life that is the most intimate. Most often criminal law provides
for criminal liability for several offences that criminal law are usually known by the term
sexual crimes. In practice several other criminal offences are also encountered that should be
qualified according to other Articles of the Criminal Law, but have at their basis the wish of
the subject to satisfy sexual desire (3, 2003). The USA criminologist L.J. Siegel indicates
that crimes related to sexuality and moral behaviour are frequently considered as crimes
against public order or the so-called victimless crime (15, 2006) possibly even as sexual theft
or other economic crimes. If a person receives sexual satisfaction in a form of fetishism,
they may commit a theft or robbery (20, 2000). Other forms of sexual crimes include
exhibitionism (Section 231 of Criminal Law, hooliganism), a public form of sexual assault
(Section 231 of Criminal Law, hooliganism); necrophilia (Section 228 of Criminal Law,
desecration of a corpse); bestiality or sodomy1 (Section 231 of Criminal Law, cruel treatment
of animals). There is separately distinguished the most dangerous sexual offense – sexual
murder (intentional killing) if it is related to rape (Section 117. article 7 of Criminal Law).
Criminal Law norm includes importance of life and sexual freedom or sexual inviolability,
in a certain order, distinguishing primary and secondary interests basing on an offender’s
perspective (35, 2009).
Offenses of sexual nature are sexual contacts where one of the partners does not
voluntarily agree to it or is involved without realizing the meaning and consequences of
the actions thus violating the person’s right to sexual self-determination, freedom and sexual
inviolability. This is a serious violation of the fundamental rights, in particular with regard to
the rights of a child. The “sexual abuse” means an actual or threatened physical intrusion of
a sexual nature, whether by force or under unequal or coercive conditions. Coercion it may
be a very different use of force levels – the use of physical force, psychological intimidation,
blackmail, threats, or even instances in which a person is unable to give their consent, such as
drug, alcohol intoxication, impression, sleep or mental incapacity to assess the situation and
personal involvement in prostitution and coercing prostitution.
Analysing the practical materials (criminal processes, judicial practice), the author
concludes that, in most cases of sexual offences, it is essential to look at victim’s vulnerability
and him/her being exploited by the criminal. For example, the analysis of cases carried out by
Supreme Court related to Sections 160 and 162 of Criminal Law shows that most of the girls
at risk of sexual violence are aged between seven and thirteen years. The number of victims
amounted to 176 (144 females, 32 males and 4 people of age) (34, 2007).
1 (latin Sodomia) Human unnatural sexual desires against animals. Svešvārdu vārdnı̄ca / autoru kolektı̄vs, Rı̄ga,
izdevniecı̄ba Avots, 2008, 835. lpp.
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Vulnerability violence,
+ threats,
victimhood coercion, =
deceit, victimization
blackmail, harm
helpless condition
Vulnerability of a Committed criminal Result
victim behaviour
Fig. 1. Diagram, representing the kinds how victim are talked into sexual offenses.
Victims are talked into sexual criminal offenses using a broad spectrum of violence:
physical violence, threats, coercion, blackmail, deceit or using the victim’s helplessness. The
author suggests the following diagrammatic representation of the kinds how victim are talked
into sexual offenses (2, 2015):
Criminal statistics only provide an overview of recorded crime. Study of general trends
in sexual offences reveals that: the volume of registered sexual offenses is comparatively
low, the level recorded annually fluctuates, presenting both recession and growth. In Latvia,
statistics show that crimes against morality and sexual inviolability constitute on average
approximately 1% of the criminal offenses.
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inhabitants (61%) consider that educating children about how to protect themselves from
sexual violence should be started in the primary school (30, 2011).
The results of victimization and sociological studies allow concluding that the victims
report about the crime when it was significant or serious for them. It is stated, for example,
in the information report that “in case of violence only one third of Latvian women have
looked for help of law enforcement authorities. Women have mostly looked for assistance
from friends (49.8%), family members or relatives (41.5%). Only 3.5% women contacted the
social worker” (11). Reasons for non-reporting on sexual offences are different. The study
“Interrogation practice of children suffered from sexual violence in Latvia” acknowledges
that in many cases the message has been received after several years after the committing of
a criminal offence. There are different reasons why sexual violence against a child remains
undetected for several years (38, 2013). The author points out that the victims’ shame, their
fear and unwillingness to be engaged in criminal proceedings and investigation contribute to
the latency of sexual offences. It should be stressed that the victim must have the courage to
talk about sexual violence experienced. Unfortunately, psychiatric conditions – fear, pain,
moral and mental suffering, – which are associated with traumatic memories and which
have occurred in the moment of crime or shortly after it, are one of the worst. Fear is the
reason not only for emotional and psychological, but also for physiological consequences.
“Particular cases acknowledge that even for a long time after the attack or violence a victim
still feels intimidated and vulnerable. The study, which was made in Belarus, showed, for
example, that in the cases of rape of the minors there was a pressure done by violators or
their relatives – 67%; in 62% of cases the persons changed their testimonies because of
pressure” (10, 2008). It indicates that the meeting of the needs of the victim is of significance.
Postmodern criminology further focuses on the rights and needs of victims – or rather the
survivors of crime – in order to restore the harm caused by the criminal act. This is done
by means of victim support programmes, restoration and compensation to crime victims, the
right to bring to the court’s attention the physical, emotional, psychological and economic
harm suffered as a result of the crime which should be taken into account for sentencing
purposes (2, 1998).
The author points out that sexual violence is widely presented both on the personal and
group level. It can be divided in several action areas: family, school, army, prison, work,
service, street or other public place, for example, in a number of ways and representatives
of different groups (divided by race, sexual orientation, social status) have experienced street
sexual harassment. For example, people experience calling, being followed, sexual advances
grapping or fondling, others exposing themselves, and many ther unwelcome behaviours on
the street or public setting (29).
The author concludes that one of the problems of criminological nature of sexual violence
is the lack of complete and comparable statistical information. It is difficult to interpret the
official statistics because many cases are not reported. It appears that victims of violence
often do not report on it because of complex psychological, financial, social and cultural
reasons, as well as because of the distrust of police, courts, social assistance and medical
services. The author notes that the most of statistical indicators and survey results confirm that
violence against one sex is more extent than against the other. Such criminal offences as rape,
incest, family violence, marital rape, and acquaintance rape, and forced prostitution, threat of
violence, intimidation and torture are included in this group. In addition, it should be noted by
the author that the complex issue in the field of research of sexual criminality is a perception
of a man as a victim of sexual offence. There is sufficient ground to point to the awareness of
female and child victims of sexual violence, but the determination of a male victim has not
been properly assessed. The information of men suffered from sexual violence is incomplete.
Data of European countries and other world countries provide dispersed information on this
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issue. National Alliance to End Sexual Violence data show that about 14% of reported rapes
involve men or boys and that 1 in 6 reported sexual assaults is against a boy and 1 in 25
reported sexual assaults is against a man. As with male sexual violence against women, sexual
violence against men is motivated by the desire to dominate and use sex as a weapon against
the victim. Male victims experience similar effects of sexual violence as female victims
such as shame, grief, anger and fear. Male victims may also have issues surrounding their
sexual and/or gender identity after a sexual assault (16, 2003). In accordance with the data
provided by Latvian expert Irina Novikova, up to 27% of men become a victim of violence in
intimate relationships. In Iceland – 0.8% (33, 2011). During the year 1489 men suffered from
violence in Latvia, 85 of them experienced the violence in their families (the most men who
suffered from domestic violence were men in the age of 30 to 34) (13). Victimization studies
acknowledge that generally men experience violence in public places, boys – in the family. It
is statistically proved that more young men become victims of violent criminal offences. In
addition, due to the delicate nature of the question of sexual violence the collection of data of
the number of male and female victims is problematic. It is likely that male representatives
will deny the illegal sexual actions and will not witness about sexual violence. Exceptions are
especially severe cases, for example, in Valdemarpils during the use of alcoholic beverages
with two childhood friends M. and R., R. experienced the sexual violence. In the result of
sexual violence intestine of the victim was pierced and that is why the urgent operation was
carried out.
Giving an overview about tendencies of sexual violence, it can be pointed, that during the
last several years various studies have been carried out and criminal statistics indicate several
negative tendencies: the number of children suffering from sexual violence is rather big; the
criminal actions have substantially increased in the cyber area, human trafficking with the
aim of commercial sexual exploitation is increasing.
The author concludes that there is a lack of strategic, research and scientifically based
approach to the research of criminality whose results could affect the formation of criminal
policy directions. It is necessary to create an independent body with a sufficient professional
capacity. The author believes that under the Ministry of Justice of the Republic of Latvia,
an institute for legal and crime research should be established with the following main
functions: criminal analysis in order to forecast and develop criminal policy, scientific
research, proposal development and the provision of legal, social and organizational measures
for the implementation of crime prevention; cooperation with international organizations in
the field of crime prevention.
Prevention and combat of sexual offences have become one of the major issues in the
work of Latvian law enforcement agencies and international organizations.
5 Conclusions
Defamation of sexual nature is difficult and sensitive topic. They cause the most unfavourable
consequences and are mostly hidden and ignored. The prevalence of sexually aggressive
behaviour in the society is still a priority issue.
In Latvia, the regular inhabitants’ victimization monitoring is necessary to use
the conclusions gained for prevention process of criminality. In order to improve the
victimization prevention measures, it is necessary to make systematic, determined and
complex identification of potential victim, as well as right social, legal, physical and sexual
education of potential victim is essential.
Measures for sexual crime prevention include a certain degree of difficulty. Firstly, there
must be ensured physical inviolability, meaning the prevention of crime in the individual’s
personal space or surroundings. Secondly, there must be provided a proper impact on the
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individual in order to facilitate his/her proper legal behaviour and the development of socially
useful skills, etc. Thirdly, the circumstances and reasons that contribute to the crime must be
identified and neutralized.
References
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