SEX CRIME LAWS ARE BIASED TOWARD WOMEN Sex Crime Laws are biased toward Women Robert N. Reges DeVry University, ENGL 112 Professor Rectenwald June 17, 2010 Sex Crime Laws are biased toward Women Equal protection under the law does not only mean everyone is protected under the law, but it also means the law is applied equally to everyone. When our founding fathers crafted the U. S. Constitution they intended laws to be fair and equitable to all, the spirit of the law is to find the truth; the premise is “innocent until proven guilty”.
However all laws are not written to this standard; such are sex crime laws. The most outrageous crime that could ever be committed against another human is that of rape. Laws in the U. S. are to be fair and equal to all regardless of sex, race and religion and most are with one exception – – sex crime laws. Sex crime laws are promoted by lobbyist and advocates that use skewed statistics to argue that women are the majority of victims of sexually related crimes.
Hence, it is believed that sex crime laws should be crafted to protect them; politicians are persuaded by these advocates and lobbyist & write tainted, unconstitutional laws. It would appear based on these statistics that the political environment and the written laws are biased to favor women. The noted psychologist Stanton Peele said,” rape is not a crime of passion or the need for sex, but is manifested by the need to show dominance, rape is about power” (Peele, 2009). According to statisticians, almost all rapes are committed by males; especially in my home State of Pennsylvania.
The Pennsylvania Coalition against Rape reports, “an estimated 91% of victims of rape and sexual assault are female” and “nearly 99% of the offenders they described in single-victims incidents were male” (Greenfield, 1997). In fact, Pennsylvania’s Megan’s Law website states there are a total of 448 people in the program and only one female, which equates to 0. 22% are women and 99. 78% are men (Mega’s Law Website, 2003-2008). However, a silent variable skews the statistics in that men commit most rapes; the missing statistic surrounds non-reported male rapes.
The National Center for Victims of Crime (NCVC) states “about 3% of American men or 2. 78 million have experienced a rape”. In addition the same report says, “males are the least likely to report a sexual assault, though it is estimated they make up 10% of all victims. ” The NCVC report also states that “Until the mid-1980s, literature discussed this violent crime in the context of women only” (Male Rape, 2010). With these statistics, with males committing nearly 100% of the reported rapes and with 2. 78 million men not reporting, the political environment is set for politicians to write laws that heavily favor women in sex crimes.
To say that all politicians are biased toward writing sex laws that favor women would be a misnomer, after all nothing is 100%; however, based on our form of majority rule democracy and based on the sex crime laws that have been passed in the United States, the facts say that the majority of politicians are biased toward writing sex crime laws that favor females. A politician’s main goal is to get re-elected; thus they follow the advice of the advocates, the statistics, their conscious, and their emotions.
A male politician is not going to risk being called a sexist, nor alienate his voters; after all women vote more than men by approximately 20%, especially in the 18 – 24 year group (Lopez, 2005). Female politicians are not going to go against their own gender for the same reasons. Based on the statistics, both for rape and voters, the political atmosphere creates an environment that politicians would rather chance a female making a false allegation and an innocent man going jail, then to write constitutionally sound laws to begin with. The laws are extremely biased in favor of females; a female accuser is synonymous with saying “victim”.
Falsely acused. net says, “Rape is a criminal allegation that is easy to claim and difficult for a defendant to disprove. A series of biased laws are making it easier to obtain convictions” (Rape Cases ; False Accusations, 2007). Rape shield laws, hearsay laws, victim rights laws and jury instructions are all tilted toward the alleged female victim. Rape shield laws prevent the person’s past sexual behavior from being introduced in court [ (Rickert, 2010) ]. Hearsay laws prevent gossip or unsubstantiated information from being used in court, except in sex cases per Pennsylvania 42 Pa. C.
S §5985. 1 [ (Pennsylvania, 2004) ], in which case such information is allowed. Victim rights laws automatically conclude the accuser is a victim and jury instructions instruct the jury that no evidence of a crime is required for a conviction. We can put this debate on a scientific level by using a branch of mathematics called inferential statistics. Social research methods say, “with inferential statistics, you are trying to reach conclusions that extend beyond the immediate data alone. For instance, we use inferential statistics to try to infer from the sample data what the population might think.
Or, we use inferential statistics to make judgments of the probability that an observed difference between groups is a dependable one or one that might have happened by chance in this study. Thus, we use inferential statistics to make inferences from our data to more general conditions” (Trochim, 2006). So, if we follow the statistics we can make a mathematical inference as to the outcome. Using the typical coin toss experiment, there are two variables with two probable outcomes, head or tails. This means there is a 50% chance on flipping heads and 50% chance of flipping tails.
Using the Law of Large Numbers, the more tests we perform the closer we approach 50%; however the same is not true about sex crimes. Once again, there are two variables with two probable outcomes, males or females. Stastistics implies that 50% of the crimes should be committed by males and 50% of the crimes should be committed by females. The Laws of Large Numbers says the more rapes that take place the closer we should approach 50%. But, the rape statistics do not support this, according to the stastics males commit and woman are the victims in 97% of sex crimes.
The more crimes committed the more males appear to be the accused; this is well outside three standard deviations. The same is true about voters, there are two variables (male or female) with females voting 66% of the time; this is slightly outside of two standard deviation. Based on this data we can infer that males will continue to commit the extreme majority of sex crimes and that women voters will continue to be the majority voters. According to Department of Justice in 2007 there were 248,280 rapes/sexual assaults (Justice, 2007) and according to th U. S. Census Beuareu the U. S. opulation in 2008 was 281,424,603 (Bureau, 2010), this equates to 0. 08% of the population. This data gives the politicians the needed justification to slant the laws toward women. In closing, running a government (federal or state) is like running a business. Assume you are the CEO of an international company with 10,000 employees and assume someone approaches you with these statistics: 800 employees (0. 08%) have been sexually harassed, the investigation shows 97% of the victims are women and 97% of the assailants are men (men on women). In addition, 66% of your board of directors (voters) are women.
What would you do? Politicians are no different. People believe rape is something a man does to a women and the statistics support that belief; whether you believe sex crime laws actually favor females or are just interpreted and enforced that way, you cannot dispute that the end results are the same — the outcomes favor women. As the pendulum swings, so do the majority of politicians that write the laws and especially the law-enforcers who automatically give the female accuser the benefit of the doubt even when the evidence does not support the allegation.
When victim rights laws say that an accuser (and the accuser is 97% of the time a female) automatically becomes a victim simply by making an allegation, when jury instructions do not require proof that a crime was committed, when hearsay laws are only allowed in sex crime cases and when you are prevented from using the accusers past behavior as evidence, the track record is crystal clear; what more proof is required?
You cannot argue against the statistics and you cannot blame the politicians for playing the game of probability. Bibliography Bureau, U. C. (2010). Population. Washington, D. C. : U. S. Census Bureau. Justice, U. D. (2007). Criminal Victimization in the United States – 2007 Statistical Tables. Wahington, D. C. : U. S. Department of Justice. Lawrence Greenfield. (1997, February). Pennsylvania Coalition Against Rape . Retrieved May 12, 2010, from Pennsylvania Coalition Against Rape : http://www. car. org/about-sexual-violence/stats? cat=Offenders Male Rape. (2010). Retrieved May 19, 2010, from The national Center for Victims of Crime: http://www. ncvc. org/ncvc/main. aspx? dbName=DocumentViewer;DocumentID=32361 Mega’s Law Website. (2003-2008). Retrieved May 13, 2010, from Pennsylvania State Police: http://www. pameganslaw. state. pa. us/SearchResults. aspx? Search=SVP&dt=ICEGCFDED4EENHLNDD4Ua#Butler Peele, S. (2009, September 8). why Men rape – The