In the traditional study of crime, women have generally been perceived as disregarded and discriminated in the criminal justice system. Various stereotypes and assumptions about females in the criminal justice system, saw feminist perspectives challenge the theories, concepts and assumptions of those involved in the study of crime (Bryant, 2014). This essay begins by firstly providing a brief description and its origins, how feminist theories causes crime, how its theory defines crime, the multiple feminist perspectives within feminism and how feminist criminology attempts to combat crime. It will then discuss the relevance and how feminist theory influences the criminal justice system, such as women’s role as professionals, as well as women as offenders and victims (Schram & Tibbetts 2013, p. 285). Finally, this essay will examine the applicability to Australian society by exploring if the suggested causes of crime apply to Australian society. It will lastly draw on the criticisms of feminist criminology and how the different types of feminist perspectives lessons the relevance of this theory in Australian society.
Outlining the theory
Feminist criminology first developed in the 1960’s and 1970’s which was closely associated with the emergence of the Second Wave of Feminism (White, Haines & Asquith 2012, p. 143). The Second Wave of Feminism saw the advent of many issues such as social, political and material inequalities (White, Haines & Asquith 2012, p. 143). Because men were mostly privileged as a group by society, the development of feminist criminology emphasised and raised concerns of the problem of discrimination of females in the study if crime (White, Haines & Asquith 2012, p. 143). Thus, focusing on the issue of power and on gender as a social construct.
The theory of feminist criminology seeks to address the general absence of women from criminological theory, hence focusing on the sexist operation within the criminal justice system and the role gender plays in criminological theory (Law, 2015). Feminist criminology defines crime in terms of gender-based and gender related types of activities (White, Haines & Asquith 2012, p. 150). Its major concern is with the nature of male violence and its impact of female victims and offenders. From feminist perspectives, causes of crime are seen as a result of social coercion and economic dependency upon men and that criminality is a function of patriarchy (White, Haines & Asquith 21012, p. 150). It is essential to note that there is no single feminist perspective, rather there are multiple perspectives. First, liberal feminism contend that women are discriminated against on the basis of their sex and that gender role socialisation is the main source of women’s oppression (Burgess-Proctor 2006, p. 29). Within criminology, liberal feminists view women’s criminality as a result of sociological factors (Hermida, 2015). Second, radical feminism stresses that patriarchy is the root cause of women’s oppression (Burgess-Proctor 2006, p. 29). Radical feminists focuses on the issue of male violence- physical, psychological and verbal- that is of major significance to the victimisation of women and women’s offending (White, Haines & Asquith 2012, p. 146). Hence, exposing hidden female victimisation. Third, Marxist feminism is concerned with the issue that women’s subordinate class status is a result of capitalist societies (Renzetti 2013, p. 36). Henceforth, because of their inferior class status, this may force them to engage in criminal activity as a means of supporting themselves financially. Fourth, socialist feminist criminologists combine both radical and Marxist perspectives by examining how social class and gender inequality function together to affect the crimes committed by women and men (Renzetti 2013, p. 42). Lastly, postmodern feminists rejects the traditional assumptions relating to women’s characteristics and shared oppression, but the stress is more on the plurality and diversity of women distinct from men (Shram & Tibetts 2013, p. 291). From these numerous feminist perspectives, their view of crime and justice enables theorists to examine that variables such as gender, social and economic oppression, and patriarchy have on the relationship between women, crime and criminality, and social justice (Van Gundy 2014, p. 1).
When attempting to explain female crime as a social phenomenon, feminist theories also looked at the form of biological reductionism (White, Haines & Asquith 2012, p. 152). This refers to the view of female crime as stemming from biological causes, which theories argue criminality was linked upon biological differences; that is, any female offender who was seen as to go against their natural biological givens, was considered ‘mad not bad’ (Bryant, 2014).
Feminist criminology proposes to combat crime by socially empowering women and confronting the negative nature of male dominance as evident in the present institutional set up (White, Haines & Asquith 2012, p. 151). There needs to be major changes to the existing criminal justice system to foster equality throughout the criminal justice system. Such proposals such as advancing positions of women within the criminal justice sectors, institutional reforms of providing anti-sexist training for lawyers and judges, eliminating legal inequalities, attempting to bring attention to issues of status and law reforms to recognise the gendered nature of the social world, can prevent crimes against women and crimes committed by them (White, Haines & Asquith 2012, p. 151).
Relevance of theory to the CJS Feminist criminology plays an important role in focusing the sexist operation of the criminal justice system. Feminist perspectives identify how women are absent in the criminal justice system and that they are structurally disadvantaged in the present society (White, Haines & Asquith 2012, p. 149). With regard to understanding this theory and the relevance it has to the criminal justice system, radical feminists begins with the assumption that gender inequality is the main fundamental form of social oppression. Thus, men enjoy gender privilege at the expense of women (Renzetti 2013, p.39) According to radical feminists, crimes such as physical, psychological, and sexual abuse all serve to keep men in power where as women remained subordinate (MacKinnon, 1989). Further, from radical perspectives, the criminal justice system are male dominated and serve to reflect and protect the interests of males (Renzetti 2013, p .39). In terms of research and theory, the system is dominated by male personnel: judges, police and barristers (White, Haines & Asquith 2012, p. 148). However, currently in the criminal justice system, the role of women in the police fields and other justice-agency practises has expanded. The Australasian Council of Women and Policing aim to improve the policing services and advance opportunities for women (Australian Federal Police, 2000). Britton (2000) also stated that during the last 25 years, increased numbers of women have entered criminal justice occupations. But participation in the criminal justice institutions may only simply serve to fortify the conservative views of ideal female sexual behaviour (White, Haines & Asquith 2012, p. 149). Therefore, feminist theories attempt to include female perspectives and experiences in all practice and research (Renzetti 2013, p. 150).
The exclusion of women within the field of criminology is a reflection not only of the composition of the criminal justice system, but also of how the law responds to ‘crime issues’ committed by females (White, Haines & Asquith 2012, p.148). Traditionally, crime has been viewed as a male activity and the criminal justice system itself has been modelled on the male-based crime. Feminist perspectives argues that this will therefore lead to inappropriate and unsuitable punishment for female offenders within the criminal justice system (V.Gundy 2014, p. 15). First, the process of justice has been described as “gendered justice” which is based upon the understanding of the male gender (Belknap 2001 cited in V.Gundy 2014, p. 15). For example, feminists show that when a woman is raped, it is she who must prove her innocence by convincing the state that she conforms to traditional standards of femininity and that she did not act to arouse the uncontrollable desires of the male offender (for instance, by wearing inappropriate clothing) (Renzetti 2013, p. 150). Secondly, feminist theories state that the idea of a double standard of morality and power is evident in the criminal justice system. Men and women are treated differently and stereotyped, both as victims and offenders, thus leading to inequality and unfair treatment of women who come before the system (White, Haines & Asquith 2012, p. 151). To take the offence of rape again, the way women are punished depends on the basis of certain gender-related criteria; that is, the perceived sexual behaviour and social status are constantly linked to ideas regarding the ideal traditional forms of ‘femininity’ (White, Haines & Asquith 2012, p. 151). This is described in terms of the sexualisation thesis (White, Haines & Asquith 2012, p. 151). According to this perspective, females who deviate from what is perceived to be the norms of sexuality are viewed as offenders (Chesney-Lind 1974 cited in White, Haines & Asquith 2012, p. 159). For example, when a married woman makes claims about being raped, they are more likely to be believed compared to claims made by a sex worker, who would be treated as dubious (White, Haines & Asquith 2012, p. 159). Feminist theory therefore seeks to address issues relating to women, increase legal protections and focus on the gendered nature of sexual assault (Javaid, 2014).
Some feminist approaches are critiqued about how there needs to be a focus on male victimisation and foster non-sexist criminology, than providing a woman-centred analysis (White, Haines & Asquith 2012, p. 164). Specifically, feminist criminology should focus on issues of both femininity and masculinity with regard to the relationship between each of these social constructions (White, Haines & Asquith 2012, p. 164). By focusing on both females and males as victims or offenders, feminist theories can remain more relevant to the current criminal justice system.
Relevance of theory to Australian Society
Women have traditionally played the subordinate roles in history when compared to their male counterparts. Many feminist issues included access to employment, education, equality in the workforce, rape, domestic violence and the need for equal political representation (Carrington, 2014). Today in Australian society, women have more freedom than their predecessors (Barratt, 2013). The recognition of domestic violence against women is an achievement of the Second Wave Feminism. Feminists located the roots of domestic violence in gender inequality in social relationships (Weiss, 2011). As a result, there is now a wide recognition of the detrimental impact family violence has on society which culminated with the Rudd Government. The development of a national action plan aimed to reduce violence towards women (FaHCISA 2009 cited in Weiss 2011). Yet, feminist critics found that feminism over-emphasises patriarchy which can ultimately lesson the focus on other ethnicity (Law. JRank, 2015). The latest Social Justice Report of the Human Rights and Equal Opportunity Commission’s Aboriginal and Torres Strait Islander Commissioner, highlights that there are serious issues in the level and type of contact of Indigenous women with correctional systems in Australia (Nancarrow 2003, p. 20). The report also states that the role of Indigenous women’s incarceration are much higher than non- Indigenous women (Nancarrow 2003, p. 20). Although there may be an unintended consequence of feminist advocacy for increased criminalisation of domestic violence, the result has made more women imprisoned (Nancarrow 2003, p. 20). Consequently, this may add to the reinforcement of state power of women. Further, female offenders with low socioeconomic status, nonetheless, contributes to the amount of crime occurring, especially single parents (Covington, 2001). Most women in prison turn to criminal activity as a survival mechanism because they lack adequate educational resources to develop a sustainable life and struggle with poverty (Sage 2015, p. 486). Various influencing factors such as occupational segregation, lack of women in leadership and the fact that women take up the expressive role of most of society’s unpaid caring, also means they are seen as having less opportunity to commit crime (Australian Government, 2015). Liberal feminists view women’s offending as a function of gender role socialisations; that is, men commit more crimes than women because their socialisation provides them with fewer opportunities to engage in deviant behaviour. However, this idea is criticised because in Australian society today, there has been a trend in the rising percentage of female offending compared to their male counterpart; 44% are female offenders compared to male offenders of 41.2% (Suter & Bryne, 2000 cited in Department of Corrections 2015).
The issue concerning gender pay gap shows that women are getting paid less than their male counterparts with the pay gap at 17% (Australian Government, 2013). In around all sectors of Australia’s paid workforce, men are still in the most powerful positions in political, social, military and legal institutions (Yarrow Place, 2010). Thus, this patriarchal system means men make the rules and laws which would uphold the status quo. This is evident in the current Australian Prime Minister, Tony Abbott’s one-woman cabinet which he announced he will hold responsibility for women’s policies and programs (Price, 2013). Feminist theories would therefore assert that women are viewed to be subject to the oppressive structures of male dominance (White, Haines & Asquith 2012, p. 146).
In an effort to provide a context for feminist theories of crime, this essay began by providing its brief origins of feminism, which is identifiably part of the Second Wave of Feminism in the 1970’s. With regard to understanding feminist perspectives, it is essential to note that are various strands of feminist perspectives, such as liberal feminism, Marxist feminism, radical feminism, socialist feminism, and postmodern feminism. Each of these perspectives have a distinctive voice within criminology (White, Haines & Asquith 2012, p. 167). Further, feminist theories is constantly changing and can be seen to apply to contemporary Australian society and to the criminal justice system. Although there are some aspects of feminist theories that are criticised and debated on. Feminist criminology is therefore ever developing, critiqued and has radically altered the nature of the criminological debate (White, Haines & Asquith 2012, p. 167).