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Article

The positioning of Southeast Asia (comprising Brunei, Cambodia, East Timor, Indonesia, Laos, Malaysia, Myanmar or Burma, Philippines, Singapore, Thailand, and Vietnam) as an anti-trafficking hub belies the global relevance of regional patterns. The configurations of anti-trafficking vary across countries; however, the specific trends and patterns hold relevance to the region as a whole. For instance, the research on anti-trafficking in Thailand examines the co-constitutive interactions between the illegibility of human trafficking and the growth of the anti-trafficking industry, particularly in relation to market-based interventions. Critical research on Vietnam offers an instructive analysis of the fusion between humanitarianism and punishment that characterizes “rehabilitation” efforts in anti-trafficking. Research on Singapore and Indonesia considers the function of co-constitutive interactions between the hyper-visibility of sex trafficking and the relative invisibility of labor trafficking. In Indonesia—as a country of origin, transit, and destination—the fractured contours of anti-trafficking responses have produced unexpected or unpredictable interactions, marked by competing understandings of what trafficking is and the accountability of differing governmental bodies. Recent research on the Philippines illustrates the use of gendered surveillance in barring the departure of Filipino nationals as a means of “preventing” human trafficking. These patterns demonstrate the uneasy fusions and alliances among humanitarianism, market economies, law enforcement, and border control that mark responses to human trafficking in Southeast Asia.

Article

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.

Article

Global-level data suggests that the number of women and girls in prison is growing and at a faster rate than the male prison population is. In order to meaningfully address this shift in female deviance and criminalization, more attention should be given on the specific ways that women and girls are labeled “deviants” and subsequently criminalized. Women and girls have been criminalized, imprisoned, and harshly punished for “moral” offenses such as adultery or premarital sex or for violations of dress codes or even for being a member of the LGBTQ community. Women and girls have also been reportedly been imprisoned for running away from their homes (often from abusive situations), for being raped, and even for being forced into prostitution. Furthermore, victims of domestic violence or sex trafficking and sex workers have been administratively detained or simply detained for seeking asylum, having committed no crime. The feminist criminological perspective has widened an understanding of all forms of female deviance. This perspective stresses the importance of contextual analysis and of incorporating unique experiences of women and girls at the intersection of not only gender, race, class, and ethnicity but also nationality, religion, sexual orientation, political affiliation, and immigration or migration status, and against the backdrop of national as well as international conflict. Now the challenge is develop effective solutions both to address female victimization and to end the silencing of women and girls through criminalization on a global level. Effective implementation of a gender-mainstreaming strategy, adopted in United Nations policies such as “the Bangkok Rules,” is one of the proposed solutions.

Article

Men are the main users of violence at every level of society ranging from the individual to the national; at the same time, they are the primary victims of violence outside of the home. Previous theoretical work on the gender of men has been criticized for pushing to the side men are the primary users of violence by not sufficiently incorporating violence as social practices underpinning men’s power. Violence generally and domestic violence and abuse (DVA) specifically are used as theoretical tools to analyze how theories on the gender of men facilitate understanding men’s experiences of power (e.g., primary user of DVA) and powerlessness (e.g., primary victim of DVA). DVA is utilized as a specific type of violence because it is a global social issue and because of the wealth of empirical studies showing that most men are the primary users, and a small minority experience DVA. Untangling men’s talk of DVA is rarely straightforward, as men who are the primary perpetrator may claim to be the victim, and men who are the primary victim may minimize their DVA experiences. Gender refers to one set of unequal power relations that structures society. One of the most well-known theories on the gender of men is hegemonic masculinity theory, which drew from feminist and gay scholarship to describe the social process of men’s continual creation and maintenance of power over women and the hierarchy of power among men. In brief, hegemonic masculinity was a set of gendered practices that was understood in a particular cultural context to ensure men’s domination of women. The importance of violence was noted within hegemonic masculinity theory, but the conceptual links between violence and hegemonic masculinity were inconsistent. The hegemony of men theory clarified these ambiguities by shifting the focus from masculinities to men, noting that men—not masculinities—are the primary users of violence. However, not all men will engage in violence. Some may subvert practices of violence. Neither theory sufficiently linked structural understandings of gendered power with individual practices to facilitate exploring the complexities of men’s practices, particularly men’s discursive practices. This limitation is due largely to three factors: (1) the conflation of the hierarchy of power between men and women and the hierarchy of power among men; (2) the lack of engagement with intersectionality; and (3) the lack of engagement with theories explaining the everyday practices of gender. Included in Walby’s theory of intersectionality are the structuring social systems of gender relations and violence. Adopting these systems provided the theoretical breadth and depth to explain the diversity of men’s engagement with violence within and between each hierarchy of power. Discursive social psychology (DSP) focused on how men used interpretative repertoires in their talk about themselves and others, to get a sense of how men (re)construct and negotiate gendered positions. Integrating DSP with intersectionality facilitated understanding how men in their talk reconstructing their experiences of DVA could use discursive resources to position themselves as men—a position associated with power.

Article

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.

Article

Frances Bernat

In the context of crime, victimization, and immigration in the United States, research shows that people are afraid of immigrants because they think immigrants are a threat to their safety and engage in many violent and property crimes. However, quantitative research has consistently shown that being foreign born is negatively associated with crime overall and is not significantly associated with committing either violent or property crime. If an undocumented immigrant is arrested for a criminal offense, it tends to be for a misdemeanor. Researchers suggest that undocumented immigrants may be less likely to engage in serious criminal offending behavior because they seek to earn money and not to draw attention to themselves. Additionally, immigrants who have access to social services are less likely to engage in crime than those who live in communities where such access is not available. Some emerging research has shown that communities with concentrated immigrant populations have less crime because these communities become revitalized. In regard to victimization, foreign-born victims of crime may not report their victimization because of fears that they will experience negative consequences if they contact the police or seek to avoid legal mechanisms to resolve disputes. Recently, concern about immigration and victimization has turned to refugees who are at risk of harm from traffickers, who warehouse them, threaten them, and abuse them physically with impunity. More research is needed on the relationship among immigration, offending, and victimization. The United States and other nations that focus on border security may be misplacing their efforts during global crises that result in forced migrations. Poverty and war, among other social conditions that would encourage a person to leave their homeland in search of a better life, should be addressed by governments when enforcing immigration laws and policy.

Article

Victim participation in common law has evolved across history and jurisdictions. Historical developments within conceptions of crime, harms, and victims in common law as well as the different victims’ movements provide an understanding of the ways that victim participation has been shaped in more-recent common law criminal justice systems. Victim participation in the criminal legal process has also given rise to various debates, which suggests that providing active forms of engagement to victims remains controversial. The forms of victim participation are also diverse, and the literature has provided typologies of victim participation. Forms of participation also vary across jurisdictions and the different stages of the criminal justice process, including prosecutorial decisions, pretrial and trial proceedings, sentencing, parole, and clemency. Finally, research that focuses on victim participation in legal traditions beyond the common law would provide an additional and important contribution to the field.

Article

Julio Montanez, Amy Donley, and Amy Reckdenwald

Many victimization studies have focused on one dimension of violence at a time, such as looking at the effect of a specific violence type on a health outcome. But the term common best describes the occurrence of intersecting violent experiences or, more specifically, intersecting dimensions of violence, abuse, and victimization. Over time, bodies of literature about this phenomenon have morphed in terms of conceptualization and operationalization. In this context, silos have developed that place barriers within and between fields and disciplines that concern the study and treatment of violence at various levels. However, shared catalysts and inhibitors, the common nature of experiencing more than one victimization event, and the possible concurrence of certain violence experiences offer points of disruption to these silos. In this light, there are many components, or dimensions, of violence that span from the most basic unit (the individual act of violence) to various means of categorization: violence type, severity or frequency, duration, and number of violence-perpetrating individuals. These dimensions, when identified within research, can help researchers map out how two acts (as well as their broader categorizations) intersect to influence lived experiences. Researchers use various terms to describe this phenomenon (e.g., poly-victimization, revictimization, cascading maltreatment, hybrid exploitation, cumulative violence exposure, cumulative patterns, constellations, and dose-response). This multidimensional approach offers the hope of (a) deconstructing the silos between and among fields and disciplines, (b) bringing research methods and analytical treatments of violence within studies closer to reality, (c) holistically acknowledging that violence varies, (d) deconstructing stereotypes, (e) identifying shared risk factors, (f) advocating for collaboration, (g) cultivating resilience, and (h) examining victims and survivors’ experiences through a lens that draws connections between intersecting abuse experiences and intersecting systems of oppression. Likewise, although there are some common instruments utilized for operationalization, these measurement tools vary greatly, as well. Analytical treatments of intersecting dimensions of violence, abuse, and victimization can be categorized into six overarching data analysis strategies: relationships between violent experiences, counting violence types, variety scores and indices, combinations of violent events or types, schemes, and person-centered approaches. Although these dimensions, terminologies, instruments, and analytical treatments can be identified within the literature, overlaps and mixtures of terms and analytical treatments become apparent when comparing studies. Implications for research include testing familiar cumulative relationships across fields, incorporating a broader policy context, and more thoroughly examining variation within and between violence types. Through the multidimensional perspective, violence prevention and intervention can be improved and advanced through thoroughness in application.

Article

Cassandra Cross

Each year, millions of individuals worldwide find themselves victims of online fraud. Whether it is responding to a fraudulent email with bank account details or being defrauded through a false relationship, fraud can have a life-changing impact on an individual victim. For many victims, this goes beyond pure monetary losses and impacts their physical and emotional health and well-being. Historically, fraud has not been the priority of police or government agencies; however, increased developments in technology mean that fraud is affecting a greater number of victims than ever before. The online nature of many fraudulent approaches carries with it a new set of unique challenges associated with the policing and prevention of online fraud, and victim support services are currently not well equipped (if even in existence) to deal with the aftermath of victimization.

Article

The development of social media, and Web 2.0 more broadly, has revolutionized all aspects of our social, cultural, and political lives. Notably, social media and online platforms have opened up space for resisting gender-based violence (GBV) in a way that, in some respects, was not possible “offline.” Some authors, drawing on Nancy Fraser, have conceptualized online spaces as a form of “counter-public”—a site in which collective and individual resistance to, and contestation of, dominant norms is enabled. Given the well-documented trajectories of victim-blaming and the perpetuation of various myths and misperceptions in relation to gender violence, social media spaces can function as a counter-public or countercultural forum in which victim-survivors can give voice to their experiences in their own words, and in doing so challenge persistent norms and stereotypes. Such practices have been documented across the Global North and South, with the potential of social media as a space of resistance and contestation most recently evidenced by the #MeToo global phenomenon, which was preceded by a string of digital activist efforts such as SlutWalk, Hollaback, #WhyIStayed, and #EndRapeCulture. Yet the use of digital platforms to resist gender violence brings with it a range of concerns and limitations. While some activists and victim-survivors are able to harness social media to share experiences and be heard, the ability to do so continues to be shaped by factors such as age, (dis)ability, sexuality, socioeconomic status, race, and geographical location. Online resistance has likewise faced critique for actively reproducing certain myths and stereotypes about gender violence, or for providing a limited or partial picture of what this violence “is.” This suggests that only certain victim-survivors and experiences are recognized and validated as such online. In addition, online disclosure and the “naming and shaming” of perpetrators raises serious concerns regarding due process and “vigilantism.” Moreover, social media spaces can themselves be sites of gender violence, with the routine harassment and abuse of (particularly) women online increasingly well documented. Together, such perspectives illustrate the complex, nuanced, and deeply political role of social media as a site of resistance to gender violence.

Article

The juxtaposition of two major recent legal developments—the emergence of victims’ rights, and the increasing prevalence of plea bargains in the criminal process—raises profound dilemmas. Ever since the end of the 18th century, criminal proceedings have been conducted by states against defendants, based on the traditional view that crime is an offense against the state. Hence, victims’ participation has been curtailed under different legal systems. In adversarial (Anglo-American) systems, based on common law, the parties dominate the proceeding, and the onus is on the prosecution to prove its case; while in inquisitorial systems (continental), the judge dominates the proceedings, thus reducing the responsibilities of the parties. Although most states display mixed adversarial and inquisitorial characteristics, three systems exemplify different approaches to victims’ rights in plea agreements. The federal US system—the adversarial legal system in which the victim movement began its first steps; the French system—a civil law system, where victims are allocated a formal, albeit limited role; and the Israeli system—a juryless common-law-based system, where professional judges make both legal and evidentiary decisions. In the Anglo-American systems, victims were marginalized, and this lack of standing resulted in one of the more important legal developments of the 20th century—the struggle for victims’ rights. The victims’ movement is a grassroots movement, a social phenomenon that has led to significant legal changes. Consequently, a new perception has seemingly been incorporated into adversarial criminal law systems, whereby victims’ interests should be taken into account. The federal U.S. law enshrined victims’ rights in 2004, and in Israel the major legislation of victims’ rights took place in 2001. In the French system, since the early 20th century, victims have been formally recognized as partie civile—the civil side to the criminal process. The victims have a standing and they can claim compensation. The question of victims’ role in plea agreements is of particular importance, since in recent years, plea agreements have become the rule rather than the exception in Anglo-American criminal proceedings. In 2004, the French law also created a mechanism akin to plea agreements. In the federal U.S. system, victims can express their opinion regarding a plea agreement, and they can apply for a writ of mandamus, should any of their rights be disregarded by the prosecution. Under the Israeli system, victims of severe sexual and violent offenses may speak to the prosecutor and express their views, albeit not in court. In the French system, the victims’ role in plea agreements is limited to claiming compensation. Despite these developments, victims’ rights in plea agreements may still be partial or ineffective. For example, under both U.S. and Israeli law, the victims’ objection to such an agreement may have a very limited effect on the criminal process. Moreover, the prosecution has been granted immunity from any civil lawsuit following infringement upon victims’ rights. Under the French system, the victims’ involvement is limited to an appeal regarding the compensation she has been awarded.

Article

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.