Lindsay L. Kahle and Jill Rosenbaum
The emergence of feminist criminology several decades ago heralded the creation of theoretical and justice-involved spaces that are specifically centered and tailored to the unique needs of women. More specifically, this shift turned attention to issues that weren’t typically discussed, for example, female victims and offenders, male battery, and sexual assault, as well as sexual and familial violence. One of the greatest contributions made by feminist criminology is gender-responsive programming, which recognizes that unique “pathways to delinquency” exist for girls and that these pathways often involve trauma and abuse. As a result, this type of programming attends to the specific needs of girls and young women, as they differ from those of boys and young men. Although research shows that these programs work to improve the lives of girls, they often overlook how sexual orientation—as it intersects with gender—often compounds such pathways altogether.
Asher Flynn and Nicola Henry
Image-based sexual abuse (IBSA) is a form of technology-facilitated sexual violence. The term describes a pattern of behaviors involving the nonconsensual creation, distribution, or threats to distribute, nude or sexual images. Also known as “revenge pornography” or “nonconsensual pornography,” IBSA affects a significant proportion of the population. According to Australian research conducted by Henry, Powell, and Flynn, and the Australian Office of the eSafety Commissioner, one in five Australians between the ages of 16 and 49 have had at least one experience of IBSA, including 1 in 10 who have had a nude or sexual image shared without their consent. In a 2016 US study conducted by Lenhart, Ybarra, and Price-Feeney, 4% of men and 6% of women ages 15 to 29 reported having had a nude or nearly nude image shared without their consent. These figures are likely to be an underestimate of the true prevalence of IBSA because such studies only capture victims who have become aware that images of them have been created or shared without their consent.
Perpetrators of IBSA can include intimate partners, family members, friends, acquaintances, and persons unknown to the victim, with diverse motivations, including sexual gratification, retribution, coercive control, social notoriety, monetary gain, and voyeurism. The images themselves may be self-created by the victim as a “selfie” or produced consensually in the context of a relationship. Alternatively, images may be digitally altered, taken surreptitiously in public or private settings, or created coercively, or they may have been taken of a sexual assault or rape. While IBSA is not itself new, technology has created a conducive and large-scale platform for such abuse to occur.
Women and white-collar crime is a topic that has, overall, received little attention in the literature. Initially, women were omitted from discussion and research because of their lack of participation, though some early commentary focused on victimization. When Edwin Sutherland first drew public and academic attention to white-collar crimes, few women were employed in positions that were conducive to commit elite crimes related to occupations or professions. According to Sutherland, white-collar crime involved professional men in positions of trust. From 1939 until the 1970s, work on white-collar offenders and offenses was male-centric, which included both scholarly researchers who were exploring the topic and males committing the majority of crimes. Corporations and respected professionals, not women, were presented with a multitude of opportunities to engage in white-collar crimes with little or no serious consequences. Primarily male corporate executives, politicians, and medical professionals committed white-collar crimes that included, for example, activities such as price fixing, insider trading, bribery, insurance fraud, and Ponzi schemes.
Women, who lacked opportunity outside the private sphere of the home, were less involved in crime overall and certainly were in no position to commit white-collar offenses. In the 1940s and 1950s, female crime was typically viewed as promiscuous, aberrant, and male-like behavior. Eventually, in the mid-1970s as more women moved into the public sphere seeking employment, early predictions by female scholars suggested that an increased involvement in white-collar crime was inevitable. The types of crimes committed by women, as noted by pioneering female scholars, were likely to expand beyond prostitution, check kiting, and shoplifting to white-collar offenses as opportunities became increasingly available in the public sphere. Gender inequality in most criminal endeavors continues to exist and more recent debates continue about the role of women in white-collar crime.
Tara E. Sutton and Leslie Gordon Simons
Family violence encompasses a broad range of maltreatment types between family members including physical, sexual, and psychological abuse, as well as neglect and financial exploitation. Such violence includes child maltreatment, sibling abuse, intimate partner violence, and elder mistreatment. Family violence is relatively common and represents a significant social, legal, and public health problem. Specifically, research shows that rates of family violence range from 10% to 45% across family relationships in the United States. Moreover, family violence tends to occur in a socioecological context characterized by risk and vulnerability and is related to various negative consequences including psychological distress, health risks, injury, and even death. Despite overlap in the causes and consequences of family violence, work on each type has largely developed independently. However, several theoretical perspectives have been offered that apply broadly to this important social issue. Additionally, existing criminological theories can be utilized to understand the nature and consequences of family violence.
In the contemporary era of “tough on crime” policies and the globalized drug war, the number of women in the criminal justice system has increased across several countries. Women’s involvement in the system is not limited to imprisonment, however, and many criminalized women (those involved in the justice system with the assigned status of defendants, offenders, etc.) participate in community-based programs after serving sentences in prisons or jails or as an alternative to incarceration. Criminalized women encounter multiple interlocking forms of oppression based on sexuality, race and ethnicity, class, disability, immigration status, punishment status, and (importantly) gender. Gendered ideas and norms shape the way women are treated not only by the carceral state but also by community-based, nongovernmental organizations (NGOs).
NGOs have played an increasingly prominent role in the provision of social services since the 1970s. Organizations working with criminalized people in more affluent, English-speaking nations commonly address job readiness, psychological and substance issues, parenting, sexuality, romantic relationships, and spirituality, among other important areas. Some NGOs work with criminalized people as a condition of their criminal sentences. Criminalized women’s self-reported needs are great, yet resources are often scarce, inadequate, and unwelcoming, particularly for women of color. Responding to a dearth of services available to women, feminists formed NGOs focused on this population beginning in the 1970s; women are also served at NGOs that work with men. “Reducing offending” and “empowerment” are frequently stated goals at NGOs that work with women, but these goals can be interpreted widely depending on the views of NGO leadership and staff about gender.
NGOs can approach women’s gender in a variety of ways. For instance, they can resist or affirm the dominant views used by the carceral state that criminalize and stigmatize women. Their approaches matter because of the implications for equality of opportunities that follow. Two major philosophies can motivate the outreach that NGOs do with criminalized women. Gender sameness disregards gender differences and stresses that it is necessary to treat women “like men” to reverse the disadvantages and marginalization that women encounter. Gender difference emphasizes the importance of treating men or women based on their purportedly unique characteristics and social experiences. Much critical feminist research on NGOs that work with criminalized women has studied programs formed around ideas of gender difference.
Critical researchers have examined gender in organizational work with women outside of prisons, in community-based prisons run by NGOs, and in more traditional prisons. Researchers have examined practices at programs, the philosophies underpinning them, and their implications. This body of work shows that NGOs can perpetuate gendered exclusions and may expand the power of the carceral state. In their prescriptions for responding to the status quo, critical researchers make arguments along a spectrum from advocating more moderate social change, such as by creating more effective programs, to more radical social change, such as by ending community-based programs that perpetuate carceral control.
Sex and gender are often conflated, but there are important distinctions between the two. This is true also with terms related to gender identity, including masculinities and femininities or the performance of gender. In addition, the terms gang and gang member are contested, so it is important to establish a basis for understanding these terms in order to discuss the relationships between gender and gang involvement. Historically, gang-involved young women and men were described in terms of gender extremes, with scholarship and journalistic accounts focusing on the perceived aggressive masculinity of lower class males—and the deviant sexuality of females, who were rarely seen as legitimate full-fledged members of those groups. By the 1980s and 1990s, young women were recognized in scholarship as “real” gang members, and qualitative researchers sought to provide voice to them and examine issues of gender and gender dynamics in gangs, while quantitative researchers sought to explore similarities and differences between girls and boys in gangs, often through large scale studies using self-report surveys of adolescents. Feminist criminology and burgeoning queer criminology have pushed and blurred the boundaries of gender and gang involvement, asserting the importance of taking into account multiple, intersecting identities that differentially structure the experiences of young people, and of the troubling heteronormative, heterosexist, and cisgendered assumptions that have permeated criminology. Moving away from these assumptions means accounting, for example, not only for gender but also for the multiplicative effects of race, ethnicity, class, sexuality, ability, etc.; it means considering what the presence of young women in stereotypically hypermasculine environments signifies for gender performance, moving away from assumptions of opposite sex attraction that cast females in supportive and dependent roles with males, and accounting for the experiences of gang members who identify outside gender and sexual orientation binaries. These issues provide fruitful avenues for sensitive and productive future scholarship on gender and gang involvement.
Sarah R. Bostrom and Melinda Tasca
The re-entry experiences of women are an important area of inquiry given the continued rise in female imprisonment. Since most inmates will be released, reintegration is a chief policy concern. Like men, re-entering women tend to be disproportionately of color, poor, undereducated, and parents of minor children. What sets women apart from men, however, is the accumulation and frequency of the adversities they encounter. To be sure, co-occurring histories of trauma, mental health, and substance abuse—commonly referred to as the “triple threat”—along with physical health concerns and poverty, distinctly shape female re-entry. Women with children face additional burdens due to their status as mothers. In particular, women’s responsibilities for children before incarceration, contact with children during confinement, and expected parental roles after release are quite different than those of fathers. Pressures to assume mothering roles and challenges with parent-child reunification can further complicate re-entry. Women require social support to successfully transition from prison to home. Social support helps women meet competing demands related to housing, employment, transportation, childcare, and community supervision. This assistance typically comes from informal networks that are invaluable to re-entry success. At the same time, women’s relationships are often highly complicated and can be sources of stress. While prosocial relationships are protective, unhealthy ties can contribute to re-entry failure. With respect to formal social support, gender-responsive interventions that target the unique stressors of formerly incarcerated women offer the most promise for effecting post-release change. Yet, such programs are not widely available or accessible to this population. Finally, it is important to take stock of primary sources used in the study of female re-entry to identify ways to advance research and policy in this area.
Lynne Haney and Lili Dao
In many respects, gender has been missing from the enormous literature on the form and focus of state systems of punishment. This is true in both the historical accounts on shifts in penal practices and the scholarship on the contemporary emergence of mass incarceration. Gender is absent as a category of analysis and as an explanatory variable in these scholarly debates. At the same time, while there is a large literature on women in the criminal justice and penal systems, it rarely addresses broader questions of how and why the penal system has grown in size, deepened in scope, and broadened in reach over the last few decades.
There have been three major approaches to the study of gender and punishment. The first inserted women into accounts of the criminal justice and penal systems, which had historically concentrated on male offenders. Some of this early work used a historical lens to analyze shifts in women’s confinement practices, particularly the evolution of the reformatory in the 19th and early 20th centuries. Influenced by debates in feminist legal theory about sameness and difference, one major line of inquiry sought to determine whether women were treated more leniently than men, particularly with regard to sentencing. A second approach, gaining momentum in the 2000s, shifted the focus from gender differences in outcomes to the gendered dynamics of penal control. More qualitative in nature, this scholarship conceptualized gender as a process that was both transformed and harnessed in penal institutions. Drawing on a broader movement in gender studies, this work focused less on women per se than on how gender was socially constituted. The third and final approach takes seriously the call of critical legal scholars of race and gender to examine the intersections of disadvantage. While academic analyses of intersectionality came to the fore in the 1990s, this perspective made few inroads into penology and criminology until relatively recently. Recent work on the intersection of racialization, masculinity and punishment, and the sexual politics of the prison point to promising new directions that transcend common understandings of criminalization and punishment.
Breanna Boppre, Emily J. Salisbury, and Jaclyn Parker
Scholarship in criminology has focused on individuals’ pathways to crime—how life experiences, often beginning during childhood, lead to criminality in adolescence or adulthood. General frameworks for this research include life-course, developmental, and biosocial criminology. However, because the vast majority of the general pathways research literature was developed using samples of boys and men, scholars with a feminist theoretical background argue that such research is not truly representative of girls and women’s pathways to crime. While general theories of crime have been applied broadly, gender-specific pathways to crime account for important distinctions between male and female experiences.
Thus, gender (and sex), through biological differences, social norms, and expectations, shapes individual life experiences that result in distinct pathways to crime for men and women. Consequently, understanding criminality requires a full consideration of gendered experiences. Even though similar life events may occur with both men and women, individual responses and effects can vary greatly and lead to different pathways to criminal behavior. Accordingly, this article discusses pathways to crime though a gendered lens. First, men’s pathways to crime are presented, which have been traditionally represented through general criminological research. Next, women’s specific pathways to crime are discussed, developed primarily through the gendered pathways literature. Finally, future directions in pathways research are outlined.
Gina Fedock and Stephanie S. Covington
As the number of women under correctional supervision continues to increase in the United States, attention to gender within correctional programming is crucial as women offenders present with different concerns than their male counterparts. Gender differences exist in a range of criminal justice factors, including pathways to involvement in the criminal justice system, frequencies in types of offenses, treatment needs, and facilitating factors for treatment engagement and positive outcomes. Thus, this chapter highlights the importance of gender in terms of correctional program design and delivery. Gender-responsive programming for women involved in the criminal justice system is guided mainly by the feminist pathways theory of women’s criminality, as well as additional theories. This framework considers the interconnected roles of trauma and victimization histories, substance abuse, economic and social marginalization, and the gendered effects of criminal justice policies and practices. For gender-responsive programming, elements that should be considered in women’s treatment and services in correctional settings include: program environment or culture or both, staff competence, theoretical foundations, treatment modalities, reentry issues, and collaboration. In addition, principles of trauma-informed care are crucial elements needed in systems and services for women involved in the criminal justice system. These two frameworks of gender-responsive programming and trauma-informed care offer specific principles that can be applied across correctional settings for women to shape policies, programming design, program delivery, and daily practices. Likewise, these frameworks encourage community-based responses to women’s involvement in criminal behaviors. Gender is a crucial element for correctional programming in multiple ways.