This paper is about the Benefits/Detriments of Separating Sexual Assaults from Non-Sexual Assaults in England′s criminal law

1. Running Head: ENGLAND′S CRIMINAL LAW 1
ENGLAND′S CRIMINAL LAW
Name
Professor
Institution
Course
Date
England′s criminal law

2. ENGLAND′S CRIMINAL LAW 2
Benefits/Detriments of Separating Sexual Assaults from Non-Sexual Assaults in England′s
criminal law
Introduction
Criminology and victimology must achieve specialization for the study of complex issues
that have been relatively neglected and require prompt resolution. Several aspects related to
sexual behavior, some controversial, and others closer to the natural sciences than to the social
ones, are taken up, seeking to analyze the pros and cons of different theories, some of them not
so popular, but with serious sustenance, in that sex is given more weight than gender, that is,
biology rather than culture. It is incapable of generating a coherent, consistent and progressive
body of knowledge. Rape, in this sense, is a threat to reproductive success because it violates the
certainty of parenthood. Thus, the first restrictions appeared in sexual behavior, as well as in the
use of violence as the main means of access to power, establishing exclusive and closed
relationships for a group united by consanguinity, giving rise to what we call monogamy, family
and lineage. “Foucault's notion that power produces effects in the body proves useful in
evaluating feminist responses to rape because it aids in the articulation of a politics of feminist
agency (Henderson 229).”
One of the most degrading forms of violence is sexual violence, because of the medical
and psycho-emotional implications it entails, affecting dignity and legal rights such as
freedom. It consists of acts or omissions ranging from denying the sexual-affective needs, to
imposing unwanted sexual activities or rape (Henderson 231). The excessive jealousy for the
control or manipulation of the couple is forms of violence. The common purpose is to suppress
the gender oppression that surpasses one the most wide-ranging cultures in history. Even though

3. ENGLAND′S CRIMINAL LAW 3
the status of women has been enhanced in a range of respects, the inequality that exists between
men and women is yet to be overcome. As a result, women are at more risk of sexual assaults
and rape cases, something that needs to be addressed through law reforms (Hurd 501). By
highlighting the fact that violence towards women is complexly interwoven with the forms of
organization and social relations that serve as the setting for situations and specific violent acts
suffered by women solely because of their being (Mackinnon 46). Thus, as far as gender
violence is concerned, it was the women's movement that called into question a phenomenon
naturalized for centuries (not only in fact but also in law).
This involved intervention on several levels at the same time: at the level of the prevailing value
systems, in the institutions of civil society, and in the state legal apparatus (Statman 101). The
women's organizations that led the process not only sought assistance but also forged their own
intervention strategies, necessitating a review of disciplinary and theoretical approaches and
becoming political actors to which the State should have heard, and even consulted And to
incorporate into the design of actions and policies in the field.
There are a wide variety of benefits that would be gotten from sexual assault criminal law
reform. First, cases of sexual assaults should be separated from non-sexual assault ones to look
deeper into the seriousness of sexual assault, particularly rape. Sexual assault should be viewed
just like any other form of assault such as physical assault which is punishable by law.
In the current context of neoliberalism and since the 1990s, the State, in congruence with
what happened in all areas, outsourced the management of assistance. The way the State
intervenes on this issue can be seen as a further example of the new political rationality and
governance technologies of a global society in which "the State is obliged to economize its own

4. ENGLAND′S CRIMINAL LAW 4
exercise of power from Of the permanent mobilization of their knowledge about individuals,
capturing through remote surveillance and observation through the deployment of forces that
also operate from a certain distance.
It can manifest it by means of a malicious glance or comment, a tinkering and, at worst,
with forced sexual relations. Rape, harassment, sexual abuse, deprivation of liberty for sexual
purposes and forced prostitution are examples of sexual violence, and in Mexico each is
punishable, although the classification varies from one penal code to another.
We speak of sexual crimes when we are located in the legal discourse, whose reference is
the norm as a social and cultural pact. In order to address the causes of sexual violence, it is
necessary to define it by analyzing the subjects involved, the links established and the areas in
which they occur (social, territorial, family space). Disinformation in the field of sexuality could
be established as one of the main factors associated with criminal sexual behavior, with drug
addiction, the crisis of values, family disintegration and overcrowding. In any case, these
phenomena follow the facts and are reinforced with patriarchal domination.
In addition, it is the concretion of power that gives authority. Individuals who occupy
subordinate positions in hierarchical social structures, corporate spaces or closed institutions are
prisoners, prisoners, soldiers and low-ranking police officers, students, seminarians, are
examples of those who are prone to innuendo, harassment and attacks by their bosses or
superiors (Hurd 511). To the generic privilege is added the supremacy of military, police,
political and ecclesiastical power over civilians and society in general. In a situation of
patriarchal privileges, men with class, caste or corporation power use this pretext to feel
powerful and to assault women, even by sexually appropriating them (Myhill & Allen 174).

5. ENGLAND′S CRIMINAL LAW 5
Evolutionary anthropology and biology explain sexual attacks differently than we are
accustomed to, identifying the ultimate causes rather than the immediate or immediate
ones. Another point is the adaptive differences between male and female sexuality, rather than
the cultural formation of gender identity (Mackinnon 42). Both explanations are complementary
and not alternative, because in the human being everything biological is the result of the
interaction between genes and socio-environmental factors, with which we seek to avoid
determinisms and reductions of any kind.
That is why in this work I propose that sexual assaults be separated from on-sexual
assault in criminal law, useful within what has been called specialized criminologies. The above,
besides presenting a little history on sexual crimes, their modalities and consequences, profiles
and characteristics of criminals and victims of those who are related, including gender violence,
incest in its physical and symbolic sense, as well as A biological analysis of human sexual
experience, seeking to understand the complex psychophysiological process behind, in the
understanding that not everything is reduced to hormones. We want to explain why women
commit less sex crimes compared to men, taking into account the difference in two fundamental
aspects: social and biological. These starting points will help to explain scientifically the sexual
behavior in men and women, especially that considered prohibited according to normative,
religious and moral guidelines.
An example of social influence is found in Kant, in his Observations on the Feeling of the
Beautiful and the Sublime, who points out that the sublime qualities will be attributed to the men
and the beautiful women; therefore, the masculine gender will have by distinction the nobility,
the feminine the beauty (Myhill & Allen 178). To the extent that it affirms that women will avoid
evil not because it is unjust, but because it is ugly, and that virtuous acts are morally beautiful for

6. ENGLAND′S CRIMINAL LAW 6
them. Following this preamble we will explain what the sexual criminology is and we will make
a brief historical reference to contextualize the approach, more focused on the biological than on
the psychosocial, although we have a great affinity with the latter due to our professional
training.
On the other hand, it has been found that there is an association between the situation of
generalized excitement linked to escape from death after a struggle or confrontation and the
immediate continuation of a state of sexual furor that would impel the mating of the surviving
subject as part of the mechanism that Guarantees the survival of the strongest, and with it, that of
their offspring and the species. Today, for example, many couples reconcile in privacy after
some discussion and fight, sometimes giving birth to the pregnancy.
As for the above, we have that the primitive man and the woman led a life governed by
the elementary needs, the same ones that by their nature were impermanent. These mechanisms,
because of the value they had to guarantee life, remained as a genetic mandate, or instinctive,
transmitted generationally. The above, for the simple reason of the success of reproduction and
for being the bearers of these genes who managed to impose first on those who were more
peaceful or weak. With these biological-Darwinian explanations, centered on evolution by
selection, the origin of a certain form of violence is interpreted, although this is not the only one,
because the causal factors are wide and diverse.
Behaviors such as incest or rape were not mentioned, because in the groups there were no
limits that today gives kinship because there was no way to determine paternity and there was no
respect for sexual freedom. As in the animal kingdom, males sought females with the aim of

7. ENGLAND′S CRIMINAL LAW 7
inseminating and reproducing them, in a sort of spermatic competition, without considering the
female choice. Therefore, this type of relationship did not have the sense it has in society today.
At that time it was common for strong men to take women fit and available for sex life
that they could find attractive, no matter if consanguinity existed, any opposition or resistance
being crushed; Although from another point of view the natural selection acts against the
endogamy, by virtue of the reduced viability of the descendants resulting from the pairing
between close relatives. These behaviors were maintained for centuries, until the human herd
(tribe, horde) accumulated experience, which when assimilated became knowledge, which was
transmitted to the new generations, becoming culture and reaching a new level of
consciousness, Until we reach what we call civilization.
With the passage of time a lineage was formed, which gave rise to a caste of dominant
males that bore the power and control of the tribe; Therefore, it became necessary to have
certainty about the paternity of the offspring in order to guarantee the transfer of ownership and
the correct succession of the power of the outgoing chief to the new, since the certainty of this
bond constituted the only possibility of inheriting (Henderson 235).
Following a parallel development appears the neoteny (anthropological phenomenon by
which some beings retain juvenile characters after having reached the adult state) like lifestyle,
in which the period of protection and tenderness proper for the childhood extend during a long
stage of life, including the reproductive stage, which allowed the humanization of behaviors and
live their sexuality not as a situation of violence and submission, but as an experience of
communication, love and tenderness.

8. ENGLAND′S CRIMINAL LAW 8
Sexual abuse, like any act of violence, is a social act, and its consequences go beyond the mere
sphere of health; therefore, cannot be conceptualized as a purely medical or legal phenomenon,
but manifests itself as a complex subject with moral, sociocultural, political and personal
ramifications. This male violence against women and minors, although it may have individual
explanations and generate individual pain, is a social problem. However, one way of directing
the attention of different sectors to this problem is to recognize the effects that it can generate in
health, in order to prevent and treat it properly.
As already mentioned, this type of abuse seems to be a significant predictor of
deterioration in mental health during adolescence and adulthood. Low self-esteem and
depression have been reported as fear of success; inadequate social skills; Problematic sexual
and interpersonal relationships; sexual confusion and sexualized behaviors extreme behaviors in
general adult behavior especially with regard to sexual life unprotected sexual practices, a
tendency towards victimization and aggression or anger, posttraumatic symptoms, disorders
dissociative experiences in adulthood -particularly in those who suffered both physical and
sexual abuse in childhood, or child abuse and victimization in adolescence or adulthood, and
more risk of being involved in the prostitution, especially if the abuse occurred at an early age.
Among other aspects, one of those that seem to influence these effects is the fact of not having
"found a meaning" in what happened even after many years (Statman 105). Finding meaning in
victimization seems to facilitate a better confrontation of the problem and, consequently, to
reduce psychological distress.
In summary, the initial effects of child sexual abuse on long-term effects have been
differentiated. Fear of harm and death, anxiety and depression are among the first. Of every five
children abused, between one and two show pathological disturbances. In the long term, it is

9. ENGLAND′S CRIMINAL LAW 9
estimated that one-fifth of people who have suffered from child sexual abuse exhibit severe
pathology: self-destructive behavior, somatization, sexual maladjustment, depression and drug
abuse.
Considering differences between sexes, in the case of women, post-traumatic stress
disorder, depression, suicidal ideation and intent, emotional insensitivity, psychiatric disorders,
pelvic pains have been reported as long-term effects of child sexual abuse, chronic diseases,
headaches, gastrointestinal disorders, sexual dysfunctions, alcohol or drug dependence, sexual
victimization and mistreatment by the couple, among others (Donat & John d'Emilio 428). With
regard to drug use in particular, it has been reported that a high percentage of the population that
abuses them has been victimized during childhood; In fact, it is in the adolescent time when this
sequel usually appears. Drug or alcohol abuse may represent the victim's intent to conceal
anxiety related to disturbing memories or painful affections associated with the event, and this
often begins in response to the anxiety generated by the psychological and sexual intimacy that
may occur Reach during a sexual encounter in adolescence or early adulthood.
In this way the castes or social classes within the families were consolidated as a means
to guarantee the control by a lineage. With the exercise of power appeared the limits and
conditions that governed family life, sexual behavior, the consolidation of stable relations
between men and women, which would later be the monogamy and germ of marriage,
prioritizing consensual intercourse on forced copulation (Donat & John d'Emilio 429). Given the
few studies that report the distribution of this form of violence in different populations and in
order to obtain an overview of this problem in the students surveyed, it was decided to consider a
very broad definition of what we will call sexual abuse. The concept included a wide range of

10. ENGLAND′S CRIMINAL LAW 10
behaviors involving physical contact (not just penetration) and being carried out or suffered
through some form of coercion or pressure.
These aggressions were defined from two perspectives: from those who have been sexually
coerced, called victims, and from those who considered that they had sexually coerced someone
called aggressors. At this stage, although there was already a social order and an incipient
culture, the precariousness of living conditions prevailed, as survival evolved from the total
struggle against the environment, beasts and other men, to the almost continuous war
between tribes for control of hunting grounds, possession of fertile lands and females, so that the
threat of clan extermination was permanent, and the alternative to survive as a group was to
increase the population.

11. ENGLAND′S CRIMINAL LAW 11
References
Donat, Patricia LN, and John d'Emilio. "A feminist redefinition of rape and sexual assault:
Historical foundations and change." The Legal Response to Violence Against Women 5 (1997):
259.
Mackinnon, Catharine. "Rape: On coercion and consent." Writing on the body: Female
embodiment and feminist theory (1997): 42-58.
Hurd, Heidi M. "Blaming the victim: A response to the proposal that criminal law recognize a
general defense of contributory responsibility." Buffalo Criminal Law Review 8, no. 2 (2005):
503-522.
Henderson, Holly. "Feminism, Foucault, and rape: A theory and politics of rape
prevention." Berkeley J. Gender L. & Just. 22 (2007): 225.
Statman, Daniel. "Gardner on the Wrongness of Rape." Jrslm. Rev. Legal Stud. 4 (2012): 105.
Myhill, Andy, and Jonathan Allen. Rape and sexual assault of women: the extent and nature of
the problem. London, England: Home Office, 2002.