NCJ Number
46537
Date Published
1974
Length
38 pages
Annotation
SEX DISCRIMINATION IN CRIMINAL LAW IS EXAMINED, WITH ATTENTION TO PROSTITUTION, RAPE, SENTENCING, AND THE TREATMENT OF FEMALE OFFENDERS IN PRISONS. ECONOMIC DISCRIMINATION AND FEMALE CRIMINALITY IS CONSIDERED.
Abstract
THIS ESSAY DISCUSSES THE SITUATION OF WOMEN, IN TERMS OF RAPE, PROSTITUTION, AND THEIR ECONOMIC VIABILITY IN SOCIETY FROM THE YEARS 1800-1973. IT IS POINTED OUT THAT PROSTITUTION IS DEFINED IN TERMS OF WOMEN, AND THAT IT HAS BEEN ONE OF THE FEW WAYS THAT WOMEN, ESPECIALLY UNEDUCATED WOMEN, HAVE BEEN ABLE TO EARN THEIR OWN MONEY. IT IS SUGGESTED THAT THE DIFFERENCE BETWEEN A PROSTITUTE AND A WIFE IS THAT THE PROSTITUTE CAN REFUSE TO HAVE SEX WHILE A WIFE CANNOT LEGALLY DENY HER HUSBAND. THE LAWS AND ATTITUDES TOWARD WOMEN ARE CONTRASTED FOR ENGLAND AND THE UNITED STATES. FEMINIST ANALYSIS OF PROSTITUTION LAWS IS RECOMMENDED. THE NATIONAL CONFERENCE OF THE NATIONAL ORGANIZATION OF WOMEN PASSED A SERIES OF RESOLUTIONS ON THE SUBJECT IN 1973 WHICH ARE REPRODUCED HERE. IT IS SUGGESTED THAT ALL WOMEN FACE THE THREAT OF RAPE, BUT THAT LOW-INCOME WOMEN; WORKING LATE AT NIGHT AS WAITRESSES, CLERKS, AND OFFICE CLEANERS, ARE MOST LIKELY TO BE VICTIMIZED. IT IS MENTIONED THAT WOMEN WHO ARE RAPE VICTIMS ARE OFTEN TREATED LIKE CRIMINALS RATHER THAN AS VICTIMS. NUMEROUS EXAMPLES OF CASE LAW AND HEARINGS ARE CITED. UNEQUAL SENTENCING OF FEMALE OFFENDERS, BOTH JUVENILE AND ADULT, IS CONSIDERED. NEGATIVE ATTITUDES TOWARD WOMEN IN PRISONS ARE ALSO EXAMINED. A LIST OF GRIEVANCES BY THE WOMEN IN THE HOUSE OF DETENTION (NEW YORK) ARE INCLUDED. (JSP)