The Invisible Woman

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Joanne Belknap. The Invisible Woman

The Invisible Woman

The Invisible Woman

Brief Contents

Detailed Contents

• Preface and Acknowledgments •

• New to This Edition •

• About the Author •

Part I Introduction

1 Gendering Criminology Through an Intersectional Lens

Diversity Among Women and Girls

What Is Feminism?

Women and Girls’ Invisibility

Women and Girls as Offenders

Women and Girls as Victims

Women as Professionals in the Criminal Legal System

Blurring of Boundaries of Women’s Experiences in Crime

Sex Versus Gender

What Are Feminist Methods?

The Effect of Societal Images on Women Regarding Crime

Summary

Part II Women and Girls’ Offending

2 Theories Part I: Positivist, Evolutionary, Strain, Differential Association, Social Control, and Women’s Emancipation Theories

The Original and Positivist Studies

Cesare Lombroso (1835–1909)

W. I. Thomas (1863–1947), Sigmund Freud (1856–1939), and Otto Pollak (1908–1998)

The Legacies of the Positivist Theorists From the 1960s and 1970s

Biosocial and Evolutionary (Psychological) Theories (BSETs)

BSET as an Explanation of Sexual Abuse

BSET as an Explanation of Intimate Partner Abuse (IPA)

Feminist and Other Responses to the Application of BSET to Gender-Based Abuses

Strain Theories. Traditional Strain Theory (TST)

Opportunity Theory (OT)

General Strain Theory (GST)

Differential Association Theory (DAT) and Social Learning Theory (SLT) Differential Association Theory (DAT)

Social Learning Theory (SLT)

Social Control Theories (SCTs)

Social Bond Theory (SBT): Conventional Ties

A General Theory of Crime (GTC): Self-Control

Power-Control Theory (PCT): Gendered Practices of Parents and Parenting

Women’s Liberation/Emancipation Hypothesis (WLEH)

Summary

3 Theories Part II: Critical, Labeling, Cycle of Violence, Life Course, Pathways, and Masculinity Theories

Agency and Resiliency

Critical Theories. Critical Criminology Theory (CCT)

Critical Race Theory (CRT)

Critical Race Feminist Theory (CRFT)

Labeling Theory (LT)

Advancing LT

Gender Applications of LT

Developmental and Adverse Life Events Theories

Cycle of Violence Theory (CVT)

Life Course Theory (LCT)

The Focus on Boys and Young Men

Expanding LCT to Girls and Women, Gender Comparisons, and Intimate Relationship Effects

Advancing LCT

Pathways Theory (PT)

Studies Consistent With PT That Preceded the Naming of PT

Patterns and Advancement of PT

Masculinity Theory (MT)

Summary

4 Accounting for Gender–Crime Patterns

Measuring Crime

2009–2018 Arrest Rates From the UCR

Documenting and Assessing Gender Patterns in Offending Over Time. Four Options to Describe Gender–Crime Patterns Over Time

Three Steps to Assess, Interpret, and Explain Gender Convergence Findings. Defining the Three Steps

Research Assessing the Three Steps

The Most Recent UCR Data and the Gender–Crime Gap 2009–2018

The Roles of Gender Regarding Co-Offenders, Age, Race, Class, Sexuality, and Mental Illness

Co-Offending

Age and Juvenile Delinquency

Intersections With Race/Ethnicity and Class

Sexuality and Gender Identity

Serious Mental Illness (SMI)

Summary

Descriptions of Images and Figures

5 The Context of Women and Girls’ Offending for Specific Crimes

Drugs and Alcohol: Substance Use, Abuse, and Selling (SUAS)

Acquiring and Reasons for Trying and Using Substances

Type of Substance Abused

Alcohol

Marijuana/Cannabis

Methamphetamine

Nonmedical Prescription Drugs (NMPDs)

Crack

Selling/Dealing Drugs

The Links Between SUAS and Other Crimes

Theft, Burglary, and Robbery

Theft

Burglary

Robbery

White-Collar Crimes (WCCs)

Sex Work and Prostitution

Aggression and Assault

Child Abductions/Kidnappings

Homicides

Intimate Partner Homicides (IPHs)

Filicides

Girls and Women in Gangs

A Brief History of Feminist Gang Scholarship

Gangs and Criminal Behavior

Why Girls Join Gangs

How Boys in Gangs Treat Girls in Gangs

Bargaining With Patriarchy

Summary

Descriptions of Images and Figures

6 Processing Women and Girls in the Criminal Legal System

Hypotheses of Gender Discrimination in the CLS

Chivalry Is Complicated

The Legacy of Racism and Confounding Measures of Race/Ethnicity

Criminal Laws and Gender Discrimination

Three Means of Gender Discrimination in Criminal Laws

The Muncy Act and Legacy in Indeterminate Criminal Sentencing Laws

Processing Youthful Defendants/Offenders. Reforms in the Processing of Youthful Defendants as Status Offenders

Non-Status Offense Delinquency

Delinquency Studies That Account for Gender but Not Gender–Race Intersections

Delinquency Studies on Girl-Only Samples That Account for Race

Developmental and Mental Health (Including Trauma Histories)

Transferring Youths to Adult Court

Empirical Findings on Gender Differences in Adult Crime Processing. The Presence of Gender Bias in the Various Stages of the Adult CLS. Police Decisions

Pretrial Court Decisions

Trial and Posttrial Decisions

Sentencing Guideline Research

Gender Differences in Crime Processing Based on the Type of Offense

Overall Offending Patterns for Combined Violent and Property Offenses

Drug Offending

Homicide

Prostitution

Chivalry Remains Complicated

Extralegal and Cultural Variables and Support for the Chivalrous Corollary Selectivity Hypothesis. Race/Ethnicity

Class, Age, Mental Health, and Employment Status

Sexual Minority Status (SMS)

Marital Status

Familied Status

Summary

7 Incarcerating, Punishing, and “Treating” Offending Women and Girls

The History of Incarcerating Women and Girls. Punishment

Women’s Prison Reform. The First Wave of Reform

The Second Wave of Reform

Sex-Segregated Custodial Prisons

Racist Segregation and Treatment in Institutions for Girls and Women

Women’s Prisons Since the 1960s

Rates of Incarceration. Gender Comparisons in Incarceration Rates Over Time

Gender Comparisons in Incarceration Offenses

The Significance yet Invisibility in U.S. Incarceration Data on the Intersections of Gender, Race/Ethnicity, and Class

The Women’s Prison Regime

Parenthood: A Gender Difference Among Prisoners

Impacts on the Children of Incarcerated Mothers

Losing Custody/Children

Prison Nurseries

Educational, Vocational, and Recreational Programs

Health Needs and Access to Services

HIV/AIDS

Breast, Gynecological, Prenatal, Pregnancy, and Postpartum Health Care

The “Window on the Body” and Dental Health

Incarcerated Women and Girls With Disabilities

Mental Health Problems

The Prison Subculture

Sexual Abuse of Women and Girls While Incarcerated

Summary

Descriptions of Images and Figures

Part III Gender-Based Abuse

8 Gender-Based Abuse (GBA)

Defining Gender-Based Abuse (GBA)

The Development of GBA as a Social Problem and Its Relationship to Depression

The Wide Range of GBAs

Culture, Gender Inequality, and GBA. The Significance of a Sexist Culture

The Culture of Victim-Blaming and GBA

The Relationship Between Gender Inequality and GBA

Rates of GBA and the Fear of Crime

Focusing on Intersectional GBA: The History and Its Legacy

Trafficking

Corporate and Environmental GBA. Breast Implant GBA

Egg Donor GBA

Environmental/Green GBA

Missing and Murdered Indigenous Women and Girls (MMIWG)

What Does Feminist Reform Look Like?

Summary

Descriptions of Images and Figures

9 Focusing on Sexual Abuse

Defining Sexual Abuse

Consent, Coercion, and Force

Drug and Alcohol Facilitated Sexual Abuse (DAFSA)

Historical Developments in Defining Rape and Other Sexual Abuses

Another Look at Rape Myths and a Rape Culture

Statistics on Sexual Abuse

Child Sexual Abuse (CSA)

College Sexual Abuse

Marital/Spousal/Partner Rape

Sexual Harassment

Street Harassment

From Professor Anita Hill to Hollywood

Sexual Harassment Victim–Offender Relationships

Impacts of Sexual Harassment

Sexual Abuse and the Criminal Legal System (CLS)

Police, Prosecutor, and Court Obsessions With Survivors’ Characteristics and Behaviors

Survivors’ Participation With the CLS

Sexual Assault Kits (SAKs)

Survivors’ Wishes and Rights

In-Prison Sexual Abuse

The Myths Surrounding False Rape Charges

The Police. Survivors Reporting Sexual Abuse to the Police

Police Responses to Sexual Abuse

Police Unfounding and the Highly Exaggerated False Rape Reports

Police Clearance of Sexual Abuse Victimization Reports

The Court Process, or Whose Trial Is It Anyway?

Sexual Abuse Survivors’ Goals and Agency

Court Officials’ Responses to Sexual Abuse Cases

Nonprofit Agencies Designed to Assist Sexual Abuse Survivors

Summary

Descriptions of Images and Figures

10 Intimate Partner Abuse (IPA) and Stalking

Defining Intimate Partner Abuse (IPA) and Stalking

Defining Intimate Partner Abuse (IPA)

Defining Stalking

The Significance of Coercion/Coercive Control

IPA Tactics

Physical IPA

Sexual IPA

Pregnancy IPA

Psychological/Emotional Abuse

The Additional IPA Tactics Based on Further Marginality

Immigrants

LGBTQI+

People With (Dis)abilities

Stalking Tactics

The Historical Identification of IPA and Stalking as Social Problems

The Frequency of IPA and Stalking. IPA Rates

The Myth of IPA Gender Symmetry

Stalking Rates

Walker’s Cycle Theory of Violence

IPA and Stalking Abusers. Who Are the Intimate Partner Abusers?

Who Are the Stalkers?

IPA and Stalking Victims/Survivors

Inhibitors to Leaving/Returning to an Abusive Relationship and What Helps Survivors Leave

Risk Factors for Staying With and Leaving IP Abusers

Characteristics Related to IPA Survivors’ Staying/Leaving Decisions

IPA and Stalking and the Criminal Legal System (CLS)

The Police

Protection/Restraining Orders (POs)

The Courts

Nonprofit Agencies and Laws Designed to Assist IPA and Stalking Survivors

Summary

Part IV Women Working in the Criminal Legal System

11 Women Working in Prisons and Jails

A Brief History of Sex/Gender Discrimination in the Paid Labor Force

Comparing Racial and Gender Workplace Discrimination

The Matron Role: Women’s Breaking Into CLS Jobs Through Sexist Stereotypical Positions

Women as Token Workers

Women Trailblazers

The Significant Role of Legislative and Court Rulings on Women’s Work in the CLS

Prisoner Privacy and Prison Safety: Legal Resistance to Women Guards

Women Guards’ Assumed Threat to Prison Security/Safety

(Men) Prisoners’ Rights to Privacy

Gender Similarities and Differences in Guards’ Job Performance and Attitudes

Resistance to Women Guards and Guards’ Views of Gender and the Job

Job Performance and Attitudes

Job Satisfaction and Stress

Summary

12 Women Working in Policing and Law Enforcement

What Is Policing?

Women Breaking Into Police Work

Comparisons Between Women Breaking Into Policing With Women Breaking Into Prison/Jail Work

Phases and Stages of Women’s Entry Into Policing

Heidensohn’s (1992) Phases of Women’s Entry Into Police Work in the United Kingdom and the United States

Brown’s (1997) Phases of Women’s Entry Into Police Work in Europe

The First Women Police in the United States and Globally

Police Officer Identities

Title VII and Other Legislation and Policies

Resistance to Women in Policing

Sexual Harassment

Gender and Stress

Gender Differences in Job Performance

Classifications of Women Police Officers

Women’s Representation in Policing

Recruitment and Retention

Promotion

The Intersection of Racism and Sexual Identity With Gender and Sexism. Racism

Heterosexism/Homophobia/Transphobia

Summary

Descriptions of Images and Figures

13 Women Working in the Courts

The History of Women on Juries

The History of Women’s Access to Legal Education and Training (Mostly White) Women’s Entry Into Legal Education and Practice

Women of Color’s Entry Into Legal Education and Practice

Women in Law Schools Since the 1950s

Women Attorneys. The Number of Women Attorneys

The Experiences of Women Attorneys

Gender Differences in Job Performance

Hiring, Job Placements, Retention, and Attrition: Leaky Pipes and Glass Ceilings

The Gendered Implications of Marital and Family Status for Lawyers

Gendered Income Gaps

Mentoring and Job Satisfaction

The Gendered Nature of Sanctions Against Lawyers

Women Judges

Looking for Gender Differences in Judges’ Decision-Making

Women Law Professors

Summary

Descriptions of Images and Figures

Part V Conclusions

14 Effecting Change

Improving Theoretical Approaches

Transformative Critical Feminist Criminology

Combining Feminist-Friendly Theories in the Same Study

Improving Research Methods

Two Strategies Cutting Across Offending, Victimization, and CLS Workers

Community-Coordinated Responses (CCRs) and Restorative Justice (RJ) Models

Community-Coordinated Responses

Restorative Justice (RJ)

Trauma-Informed Care (TIC)

Changing the Risks for and Responses to Girls and Women’s Offending

Changing Responses to Gender-Based Abuse (GBA)

Responding to Sexual Abuse

Responding to Intimate Partner Abuse (IPA)

Resistance and Fighting Back

Changes for Women Working in the Criminal Legal System (CLS)

Summary

Descriptions of Images and Figures

References

• Index •

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Fifth Edition

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It is difficult to understand how women victims, offenders, and professionals are viewed and treated in the CLS without first understanding the images of women in society. Feminist research includes documenting that women have been dichotomized into either “Madonnas” or “whores” (Feinman, 1986; McDermott & Blackstone, 2001, p. 89). These sexuality-driven images of women and girls are both historic and current in the societal and formal/system processing of women and girls as offenders, particularly regarding their sexuality (Chesney-Lind & Merlo, 2015; McDermott & Blackstone, 2001). In her paradigm-shifting book, Black Feminist Thought, P. H. Collins (1990) identified four “interlocking” sexist, racist, classist controlling images of Black women in the United States: mammies, matriarchs, Jezebels, and welfare mothers. Mammies are a controlling image caricatured from slavery but of the postslavery, financially exploited Black women hired to do the emotional and household labor in white homes that would otherwise be expected of white wives and mothers. This is at the expense of the Black women’s own families given their time in white homes. Matriarchs are the controlling image that condemns Black women for failing their own children (often while they were financially exploited doing the emotional and domestic labor in white homes) with a corresponding devastation on society from these women’s supposedly errant and irresponsible Black children (then adults) (pp. 74–75). “Such a view diverts attention from the political and economic inequality affecting Black mothers and children and suggests that anyone can rise from poverty if he or she only received good values at home” (p. 74). Third, Jezebels are Collins’s controlling image of Black women as sexually aggressive or “whores,” an image also originating in slavery and justifying the sexual exploitation and assault (e.g., wet nurses and rape) of Black women and girls (p. 77). Finally, welfare mothers are Collins’s controlling image related to the “breeder” image of slavery combined with Black women’s increasing dependency on the “welfare state” since World War II. Clearly, these images portray the lasting impacts of slavery while not only denying the legacies of slavery and racism interlocking with sexism and classism, but actually fostering the continued stereotyping and oppression of Black womanhood.

Young (1986) challenges the Madonna/whore typology to the extent that it may apply only to white women. She claims that whereas the Madonna/whore dichotomy implies a good girl/bad girl dichotomy, categories for women of Color include no “good girl” categories. Instead, she views women of Color as falling into four categories, all of which are negative. The amazon is seen as inherently violent and capable of protecting herself; the sinister sapphire is vindictive, provocative, and not credible; the mammy is viewed as stupid, passive, and bothersome; and the seductress is sexually driven and noncredible as a victim or professional (Young, 1986). These are like P. H. Collins’s (1990) “controlling images” of Black womanhood. DeFour (1990) discusses the additional ramifications for women and girls of Color regarding sexual harassment. She argues that these women may be more at risk of sexual harassment victimization yet receive the least serious responses due to societal portrayals of them as “very sexual” and “desiring sexual attention” more than their white sisters. DeFour points to cultural myths portraying Latinas as “hot-blooded,” Asian women as “exotic sexpots,” and Native American women as “devoted to male elders” (p. 49). Thus, not only are women and girls treated differently than men and boys for identical sexual behaviors, but among women there is often discrimination in expectations due to damaging myths.

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