Criminal Justice Handbook On Masculinity, Male Aggression, and Sexuality (2015)

CRIMINAL JUSTICE HANDBOOK ON
MASCULINITY, MALE AGGRESSION,

AND SEXUALITY
AND SEXUALITY
By
CARMEN M. CUSACK, J.D., PH.D.

Published and Distributed Throughout the World by
CHARLES C THOMAS • PUBLISHER, LTD.

2600 South First Street
Springfield, Illinois 62704
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©2015 by CHARLES C THOMAS • PUBLISHER, LTD.
ISBN 978-0-398-08146-1 (paper)

ISBN 978-0-398-08147-8 (ebook)
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R-3
Library of Congress Cataloging-in-Publication Data
Cusack, Carmen M.
Criminal justice handbook on masculinity, male aggression, and sexuality
/ by Carmen M. Cusack, J.D., Ph.D.
pages cm
Includes bibliographical references.
ISBN 978-0-398-08146-1 (pbk.) -- ISBN 978-0-398-08147-8 (ebook)
1. Crime--Sex differences. 2. Criminal behavior. 3. Masculinity. I. Title.
HV6158.C87 2015
364.3’73--dc23
2014046517
For Cs
INTRODUCTION
M asculinity is a group of characteristics considered to be manly and so-

cially acceptable for males. Masculinity may delimit acceptable levels
of aggression and guide “normal” sexuality. Criminal Justice Handbook on Mas-
culinity, Male Aggression, and Sexuality primarily discusses masculinity as a so-
cial construct, an ideal, and an impediment for males and females. At times,
“masculinity” is used to describe an absence of femininity and may insinuate
misogyny; yet, masculinity is not inherently opposed to femininity or femi-
nism. Feminism is the theory of equality between sexes. Masculinity tends to
envision social hierarchy, but hierarchical structures can support equality.
However, masculine gender roles may seem to construct or rely on feminine
weakness or subordination for collective male hegemony.
Masculinity is often exhibited as a gender role. Gender roles are behav-
iors, emotional responses, interpersonal rules, appearances, sexual desires,
and other aspects of human dynamics that may restrict or enhance masculin-
ity. Gender roles conform to societal norms that dictate parameters in nearly
every area of life. Gender roles may require or encourage “normal” males to
exhibit masculinity; while females may be rejected or disadvantaged for ex-
hibiting masculinity. Yet, masculine behavior is not per se advantageous. Fem-
ininity may be gentle, collaborative and caring; but, it may be perceived or
misclassified as weakness. Biological explanations of female weakness, and
sometimes male weakness, may be used to justify feminity’s inferiority to
masculinity. Direct correlations between masculinity and male hegemony
are challenged by homosexual and transgender males who exhibit rugged-
ness and other traditionally masculine characteristics. As a class, nonhetero-
normative males violate norms upheld by social institutions preserving bina-
ry gender roles relating to biological sex and heterosexuality.
Criminal Justice Handbook on Masculinity, Male Aggression, and Sexuality ana-
lyzes a variety of social and criminal justice processes to examine how mas-
culinity interplays with aggression. Aggression may relate to wealth, mar-
riage, fraternal organizations, or other institutionalized patriarchal bastions.
vii
viii Criminal Justice Handbook on Masculinity and Sexuality
Sexual aggression is coercive, controlling, or entitled behavior that may re-

late to cultural beliefs or mentalities that justify rape or scoring sex by any
means necessary. Drugs and alcohol also tend to relate to aggression and sex-
ual aggression; however, women knowingly continue to consume drugs and
alcohol at higher rates despite their associations with sexual aggression. The
criminal justice system continuously responds to drug and alcohol-fueled
sexual aggression using an adversarial justice model; yet increasingly, the jus-
tice system has treated substance abuse using alternative resolutions and in-
terventions.
U.S. society attempts to preserve and promote nuclear families. Yet, fam-
ilies are statistically dangerous environments for males and females. Males
are more likely to be killed by female intimate partners than by female ac-
quaintances or strangers. Women often kill men using one of several tradi-
tional modus operandi, including penile amputation and poison. Female inti-
mate partners are more likely to be killed by male intimate partners than by
any other person. Men are most likely to shoot female intimate partners.
Rape is more common between intimate partners than strangers; and at one
time, noninjurious rape and intimate partner violence between spouses was
legal. However, law can no longer be used to protect traditional family struc-
tures at the expense of safety and freedom from sexual coercion. Similarly,
laws have increased their protection of homosexual intimate partners; yet,
enforcement and remedies may continue to be unequal or lacking.
Penises, scrotums, and private areas have been the focus of a significant
body of constitutional law and criminal procedure. A few well-established
laws and legal principles regulate the government’s treatment of genitals;
however, government agents touching, patting-down, searching, and view-
ing clothed or concealed genitals may continue to traverse into unsettled ar-
eas of law in certain contexts raising substantive and procedural legal issues.
In some cases, courts have held that people are entitled to rights protecting
their private areas from intrusion; but, courts often rule that genitals may be
viewed or manipulated for protection or officer safety in some contexts.
These laws call into question same-gender pat-down laws and other gen-
dered procedures that were likely created to accommodate privacy and re-
duce harassment; but may cause conflict and discomfort between officers
and transgender individuals. Definitions of “sex” and “gender” in the crimi-
nal justice system continue to be binary and traditional, for the most part.
Most often, a person’s “sex” refers to his or her genitalia (i.e., vagina or pe-
nis). However, criminal justice responses to transgender individuals in some
situations may be alleged or held to have violated the Constitution; one ma-
jor violation results from inappropriate conflation of sex with gender.
Metaphorically, weapons are phalluses capable of penetrating numerous
victims. Zero sum battles yield a single victor. Weapons embody biological-
Introduction ix
ly-oriented fantasies of spraying and penetrating as necessary to establish

dominance and authority. They authorize leadership to a victor and ascribe
paternalistic powers to protectors. Criminal Justice Handbook on Masculinity,
Male Aggression, and Sexuality leads incorporates humanistic analyses of weap-
ons, ammunition, toys, and aggression as sexually symbolic displays of mas-
culinity.
Gang banging, illegal immigration, drug dealing, and human trafficking
involve black markets and networking. There is significant overlap between
perpetrators, movement patterns, information, and resources used to commit
these crimes. People involved in one of these activities may likely be con-
nected to another similar industry; and people victimized by one activity
may perpetrate similar crimes. Young and middle-aged men make almost all
of the profit from these markets; and female involvement is typically reduced
to human capital (e.g., prostitution). However, females are likelier than men
to work as sex traffickers; and men are more likely to be victims of human
trafficking for labor.
This book discusses how male and female animals’ sexualities generally
are relevant to their statuses as working animals. However, surgical alter-
ations on males or females are often species-specific. Thus, among some
species of animals, female working animals may be more likely to be surgi-
cally altered; but, male working animals in other species may be likelier to
be surgically altered. Handlers almost always discourage animals from par-
ticipating in masculine behaviors; however, controlled aggression may be
necessary among K-9s to apprehend suspects. Thus, K-9 dogs and K-9 han-
dlers may operate under separate constructions of masculinity because hu-
man officers may liberally incorporate masculinity into their work; while ca-
nines may only exhibit masculinity on command (e.g., when ordered to
seize a suspect). Working animals in criminal justice may be sexually victim-
ized by handlers who inappropriately attempt to establish dominance.
Juveniles are sexually dominated and victimized by adults in correctional
environments. Juveniles are statistically likelier than adults to be sexually vi-
olated by guards, delinquents, and inmates. In the general population, juve-
niles are at greater risk for victimization online; in school; and in other envi-
ronments that lack parental support or supervision. Youth may bully peers
who participate in alternative sexualities; however, some sexually deviant
youth may prey on other minors. Male juveniles may voluntarily participate
in risky behaviors, including statutory rape, to exercise independence and
formulate manly identities.
Public displays of misconduct and disorderly behavior may stem from po-
litical speech; however, civil disobedience can be teased from misconduct
because civil disobedience is passive. Civil disobedience usually does not in-
volve disruptive and aggressive behaviors that serve to emotionally alleviate
x Criminal Justice Handbook on Masculinity and Sexuality
aggressors or assert an individual’s will over society or victims. Misconduct,

like aggression and violence, may relate to hypermasculinity. Hypermas-
culinity may not be entirely different from masculinity. Definitions may be
subjective; yet, “hypermasculinity” generally implies excessive masculinity.
In some cases, legal lines between hypermasculinity, disorder, self-defense,
vigilantism, and chivalry may seem to be arbitrarily drawn, especially when
public figures are involved (e.g., athletes). Society may not sufficiently dis-
courage overtly hypermasculine displays.
Criminal Justice Handbook on Masculinity, Male Aggression, and Sexuality im-
plicitly relies on some feminist principles because it evaluates sex and gender
equality; and it raises the possibility that postpubertal gender differences
could be social constructions. Yet, despite feminist ideologies, males—as a
group—are distinguishable from females. Differences may be innate or con-
structed; or they may lie on a spectrum with genetics on one end and gender
roles on the other end. The criminal justice system has founded laws and
policies on beliefs that gender is innate and socially constructed. For exam-
ple, forensic investigators examine and produce evidence under the pre-
sumption that gender differences exist and may accurately reflect biological
sexual differences. Differences between males and females include size, gen-
itals, and sex cells. One reason that law and criminal justice routinely focus
on gender differences may be that law enforcement organizations often
negate feminism operating as boys’ club. Boys’ clubs are organizations,
groups, or institutions that place masculinity above femininity, or males
above females. They operate using hierarchies that rank members; yet, they
may impose uniformity through various methods, including humiliation and
homoeroticism.
This text should be used as a handbook to learn about and synthesize hun-
dreds of intersections between criminal justice, laws, and maleness. Through
these intersections, maleness may be defined relevant to masculinity, sexual-
ity, society, crime, family, and interpersonal relationships. Criminal Justice
Handbook on Masculinity, Male Aggression, and Sexuality attempts to explain how
the law equalizes, protects, bridles, and enforces masculinity while dealing
with crime, which often exploits and exaggerates masculinity.
CONTENTS
Page
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Chapter
1. TRADITIONAL MASCULINITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Males and Masculinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Equal Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Public Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Wealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2. PENISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Frisk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Obscenity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Erections and Dress Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3. SEX AND MONEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
xi
xii Criminal Justice Handbook on Masculinity and Sexuality
Prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Adult Dancing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Bribes and Blackmail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Pornography Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Dungeons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4. IMMIGRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Undocumented Laborers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Runaways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
5. TRANSPORTATION SECURITY ADMINISTRATION

(TSA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Prosthetic Penises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6. FEMALE-ON-MALE DOMESTIC VIOLENCE . . . . . . . . . . . . . 65

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Severed Penis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Poison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Sleep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Suicide-Homicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Hit Man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
7. HOMOSEXUAL MALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Right to Privac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Intimate Partner Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
HIV Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
For Cs
xiv Criminal Justice Handbook on Masculinity and Sexuality
Projectiles: Bullets, Missiles, and Arrows . . . . . . . . . . . . . . . . . . . . 132

Swords and Batons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Prison Bars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Tasers, Guns, and Canons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
12. MEN AND DRUGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Alcohol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Male Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Prescription Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
13. MASTURBATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Improper Photography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Bathrooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Juveniles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Sexual Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
14. PRISONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Mixed Sex Prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Male Prisons and Sex Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Juveniles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Contents xv
15. SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Male Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Male Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
False Allegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
16. MALE SEX OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Phallometric Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Fetishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Sex Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Male Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Frotteurism and Piquerism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
17. MALE WORKING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
K-9 Spay and Neuter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Mounted Police Geldings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Humping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Sex Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
18. JUVENILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Bullies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Risky Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Sexual Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Child Pornography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
19. MISUNDERSTOOD MAXIMS OF MASCULINITY . . . . . . . . 203

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
INTRODUCTION
M asculinity is a group of characteristics considered to be manly and so-

cially acceptable for males. Masculinity may delimit acceptable levels
of aggression and guide “normal” sexuality. Criminal Justice Handbook on Mas-
culinity, Male Aggression, and Sexuality primarily discusses masculinity as a so-
cial construct, an ideal, and an impediment for males and females. At times,
“masculinity” is used to describe an absence of femininity and may insinuate
misogyny; yet, masculinity is not inherently opposed to femininity or femi-
nism. Feminism is the theory of equality between sexes. Masculinity tends to
envision social hierarchy, but hierarchical structures can support equality.
However, masculine gender roles may seem to construct or rely on feminine
weakness or subordination for collective male hegemony.
Masculinity is often exhibited as a gender role. Gender roles are behav-
iors, emotional responses, interpersonal rules, appearances, sexual desires,
and other aspects of human dynamics that may restrict or enhance masculin-
ity. Gender roles conform to societal norms that dictate parameters in nearly
every area of life. Gender roles may require or encourage “normal” males to
exhibit masculinity; while females may be rejected or disadvantaged for ex-
hibiting masculinity. Yet, masculine behavior is not per se advantageous. Fem-
ininity may be gentle, collaborative and caring; but, it may be perceived or
misclassified as weakness. Biological explanations of female weakness, and
sometimes male weakness, may be used to justify feminity’s inferiority to
masculinity. Direct correlations between masculinity and male hegemony
are challenged by homosexual and transgender males who exhibit rugged-
ness and other traditionally masculine characteristics. As a class, nonhetero-
normative males violate norms upheld by social institutions preserving bina-
ry gender roles relating to biological sex and heterosexuality.
Criminal Justice Handbook on Masculinity, Male Aggression, and Sexuality ana-
lyzes a variety of social and criminal justice processes to examine how mas-
culinity interplays with aggression. Aggression may relate to wealth, mar-
riage, fraternal organizations, or other institutionalized patriarchal bastions.
vii
Contents xvii
23. BOYS’ CLUBS, MASCULINE STANDARDS, AND

GENDERED RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Boys’ Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Gangs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Epilogue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
ILLUSTRATIONS
Page
Figure 1.1. George Washington traditionally depicted wearing a

phallic hairdo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Figure 2.1. Multiple prostheses simulating turgidity . . . . . . . . . . . . . . . . . 25
Figure 3.1. Pregnant child prostitute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Figure 3.2. Susana Remerata, killed at a courthouse during
annulment and deportation proceedings . . . . . . . . . . . . . . . . . . . . . . . . 34
Figure 3.3. Violent sexual fantasy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Figure 6.1. Patient with psychiatric history self-inflicted traumatic
amputation (Krishnakumar, 2013) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Figure 8.1. Roaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Figure 10.1. Sergeant Chad Adams undercover as Amish woman . . . . . 128
Figure 11.1. Water Cannon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Figure 12.1. Alleged Mexican drug cartel member . . . . . . . . . . . . . . . . . 142
Figure 13.1. Prowler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Figure 17.1. Thomas van Ypern, “Pastoral Idyll” . . . . . . . . . . . . . . . . . . . 191
Figure 18.1. Teen selfie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Figure 20.1. Female superhero. Courtesy of Matthew Waranius . . . . . . . 215
Figure 22.1. Scent lineup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Figure 22.2. Semen stains may be detected by sight and scent . . . . . . . 232
Figure 22.3. Curved penis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Figure 23.1. Branded fraternity initiates . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Figure 23.2. NWA featuring Dr. Dre (second from left) and D.J. Yella
(second from right) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Figure 23.3. World Class Wrecking Cru featuring Dr. Dre (far left)
and D.J. Yella (second from left) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
xix
AND SEXUALITY
Chapter 1
TRADITIONAL MASCULINITY
INTRODUCTION
M asculinity has been defined by specific and general characteristics and

lifestyles considered to be socially acceptable for males. Gender roles
may construct aspects of masculine behavior, ideas, relationships, and iden-
tity. Males may willingly adopt certain aspects of masculine gender roles;
males may participate in masculinity to conform to societal or cultural pres-
sures and influences; or they may attempt to or succeed in rejecting mascu-
line gender roles. In some contexts, masculinity may be defined by polariza-
tion with femininity; and in other contexts, masculinity may be defined by
absence of femininity.
MALES AND MASCULINITY
Throughout the world, the word “male” may be linked with societal and
cultural definitions of “masculinity.” Various definitions of the word “male”
and linkages to masculinity may be theoretical, biological, political, stereo-
typical, professional, and familial. Thus, socially and legally enforced male-
based gender typologies may be defined by or derived from biology, appear-
ance, psychological factors, or legal sex.
Legal contexts may determine the relevance of being male. One example
is that in some jurisdictions certain crimes may only be charged against
males, i.e. rape (Wencelblat, 2004). However, only a minority of jurisdictions
exclusively prosecute males for rape. A second example is that at common
law, “rape” was defined as a violation that could not be perpetrated against
males (Teichner, 2008). A third example occurs in family law contexts, in-
cluding relevant civil and criminal cross-over. Males’ parental rights share a
3
4 Criminal Justice Handbook on Masculinity and Sexuality
relationship with fatherhood; and in some rare instances, males’ parental

rights may directly relate to a female partner’s motherhood (Denno, 1998).
In civil and criminal contexts, sexual harassment demonstrates a fourth ex-
ample. Law explains that women’s rights may be violated when women re-
ceive negative treatment due to associations with gender, sex, childbirth, and
pregnancy. In these legal contexts, “woman” may be diametrically distin-
guishable from “man,” e.g. biological sex and ability to become pregnant.
Sexual harassment, discussed further in Chapter 15, is a pervasive prob-
lem that may receive more intellectual attention than practical remediation.
Some scholars and researchers suspect that sexual harassment and other sex-
ual violations against males may be severely underreported, perhaps because
masculinity is associated with strength to withstand predation and ability to
defend oneself from subjugation. Men may be indoctrinated by gender roles
that cause them to fear being ridiculed for reporting sexual violations. Fear
and lack of resources may lead to underreporting. Sexual predators may un-
derstand masculine indoctrination and cultural perspectives; and they may
perceive and rely on a somewhat low risk of being reported by male victims.
Even when victims report, heterosexually-oriented violations may be dis-
missed as juvenile behavior; and homosexually-oriented violations may be
considered too taboo to be addressed; too strange to be understood; or too
stereotypical to be taken seriously (Wencelblat, 2004). For many years,
American society promoted the belief that men could not be sexually assault-
ed by women. Men who experienced erections or ejaculations during sexual
assault, perpetrated by males or females, were dismissed as having enjoyed
or consented to sexual contact (Cusack, 2014; Fuchs, 2004). Understandings
have evolved about female-on-male abuse, but traditional masculine gender
roles may result in men internalizing denial of male vulnerability; and con-
straints may correlate with men being unable to recognize when they are vic-
timized by women (Levine, 2006).
Medical determinations of “sex” and correlative genders may or may not
be relevant within the criminal justice system (Greenberg, 1999). For exam-
ple, “legal sex” is often defined by chromosomes, but legal categories delimit
two genders. Science has identified several sex chromosomes variations, i.e.
XXY, XXX, and XO. Potentially, these variations may defy binary legal de-
finitions of “male” and “female,” i.e. XY and XX. Appearance and gender
assigned at birth may determine legal sex. Legal scholars recognize that 1
percent to 4 percent of humans may be intersex; yet, the legal community
disagrees about what weight, if any, that fact should bear on legal sex classi-
fication. Like race, sex chromosomes are an immutable trait even though
they may not correspond to appearance or norms; chromosomes cannot be
impacted or altered by hormone therapy or gender reassignment surgery
(Frye & Meiselman, 2001). Due its constancy and reliability, defining “legal
sex” using immutable traits may foster fairness and even applications of the
Traditional Masculinity 5
law. Furthermore, it could expose ways in which law is used to enforce bina-
ry gender roles.
EQUAL PROTECTION
The Fourteenth Amendment to the U.S. Constitution establishes a right to

Equal Protection. Under this right, suspect classes cannot receive disparate
treatment under the law. Race and religion are often considered to be suspect
classes. Courts use strict scrutiny to evaluate the constitutionality of laws hav-
ing discriminatory affects against races or religions. Discrimination may be
indirect, i.e. apparent in a law’s effect rather in a law’s wording. For laws to
be upheld by the U.S. Supreme Court under strict scrutiny, the government
must prove that narrowly tailored laws are used to further a compelling gov-
ernment interest using the least restrictive means. Women are considered to
be a quasi-suspect class because of their traditionally subordinated role and
exclusion from public life. Courts may increase their scrutiny of gender-
based laws to an intermediate level; though, courts have invalidated gender
inequality using rational review (Reed v. Reed, 1971). Intermediate scrutiny
only requires the government to demonstrate that a law furthers an impor-
tant government interest substantially related to the challenged law. Al-
though many gender-based classifications may violate equal protection,
some gender-based classifications may serve to remedy historical mistreat-
ment of women. Yet, governmental attempts to remedy inequality cannot
harm or disenfranchise males. For example, employers may never discrimi-
nate against employees or job candidates based on sex or stereotypes about
sexual orientation (Phillips v. Martin Marietta Corp., 1971). Men and women
must be treated equally by the government and employers (Craig v. Boren,
1976; EEOC, 2014). In some cases, businesses open to the public cannot dis-
criminate against customers or members.
Oppression and discrimination against men is commonly ignored. Males
may institutionalize gender norms by controlling males’ in public and pri-
vate. Government, which was once exclusively controlled by males, may dis-
criminate against males and institutionalize traditional gender roles. For ex-
ample, prior to 2003, males were prohibited from having oral or anal inter-
course with other males; and in many states, males are prohibited from mar-
rying males because same-sex marriage violates traditional gender norms
(Lawrence v. Texas, 2003). At the federal level, discrimination against same-sex
marriage was abolished on equal protection grounds stemming from due
process guaranteed in the Fifth Amendment (U.S. v. Windsor, 2013). Despite
relatively recent political changes, the government continues to enforce and
Introduction ix
ly-oriented fantasies of spraying and penetrating as necessary to establish

dominance and authority. They authorize leadership to a victor and ascribe
paternalistic powers to protectors. Criminal Justice Handbook on Masculinity,
Male Aggression, and Sexuality leads incorporates humanistic analyses of weap-
ons, ammunition, toys, and aggression as sexually symbolic displays of mas-
culinity.
Gang banging, illegal immigration, drug dealing, and human trafficking
involve black markets and networking. There is significant overlap between
perpetrators, movement patterns, information, and resources used to commit
these crimes. People involved in one of these activities may likely be con-
nected to another similar industry; and people victimized by one activity
may perpetrate similar crimes. Young and middle-aged men make almost all
of the profit from these markets; and female involvement is typically reduced
to human capital (e.g., prostitution). However, females are likelier than men
to work as sex traffickers; and men are more likely to be victims of human
trafficking for labor.
This book discusses how male and female animals’ sexualities generally
are relevant to their statuses as working animals. However, surgical alter-
ations on males or females are often species-specific. Thus, among some
species of animals, female working animals may be more likely to be surgi-
cally altered; but, male working animals in other species may be likelier to
be surgically altered. Handlers almost always discourage animals from par-
ticipating in masculine behaviors; however, controlled aggression may be
necessary among K-9s to apprehend suspects. Thus, K-9 dogs and K-9 han-
dlers may operate under separate constructions of masculinity because hu-
man officers may liberally incorporate masculinity into their work; while ca-
nines may only exhibit masculinity on command (e.g., when ordered to
seize a suspect). Working animals in criminal justice may be sexually victim-
ized by handlers who inappropriately attempt to establish dominance.
Juveniles are sexually dominated and victimized by adults in correctional
environments. Juveniles are statistically likelier than adults to be sexually vi-
olated by guards, delinquents, and inmates. In the general population, juve-
niles are at greater risk for victimization online; in school; and in other envi-
ronments that lack parental support or supervision. Youth may bully peers
who participate in alternative sexualities; however, some sexually deviant
youth may prey on other minors. Male juveniles may voluntarily participate
in risky behaviors, including statutory rape, to exercise independence and
formulate manly identities.
Public displays of misconduct and disorderly behavior may stem from po-
litical speech; however, civil disobedience can be teased from misconduct
because civil disobedience is passive. Civil disobedience usually does not in-
volve disruptive and aggressive behaviors that serve to emotionally alleviate
However, equal protection is generally used as grounds to strike sex-based

laws; and in that context, transgender may be classified with lesbian, gay, bi-
sexual individuals, i.e. LGBT, which does not merit heightened scrutiny. Un-
der federal law, employers cannot discriminate against transpersons under
gender identity discrimination provisions; and employers cannot discrimi-
nate against homosexuals using sexual stereotypes. Nevertheless, these pro-
tections do not reach public schools even though several academic environ-
ments have begun to enforce equal protection for transgender students based
on state-level legislation and case law (Sharp, 2014).
PATRIARCHY
Patriarchy is a sociopolitical system or tradition in which power is held by

and reserved for wealthier White males. In patriarchal systems, men are
above women, and White people are above all other people. Wealth is at the
pinnacle of all brackets of gender and race. Non-White cultures may be pa-
triarchal. In these cultures, whiteness may be highly valued; or other racial
classifications may define hierarchies of power and privilege. Contemporary
American definitions of masculinity, aggression, and violence may relate to
traditional British culture, which may be described as patriarchal. Feminist
and socialist theories of patriarchy propose that definitions of “masculinity”
and power are designed to maintain power regimes. Thus, governments are
frequently alleged to institutionalize patriarchal values.
Historical links to England may likely have led to patriarchal governmen-
tal foundations in the U.S. Male American colonists may have used privi-
leges granted to them through the law of coverture (Kann, 1999). This prin-
ciple permitted men to take full responsibility for their wives. Males may
possibly have treated wives as partners, or as subordinates. Founding fathers
may have capitalized on social privileges. For example, George Washington
believed that soldiering ought to remain exclusively male (see Figure 1.1).
Yet, much of George Washington’s wealth came from his wife, Martha Wash-
ington. He may have used her wealth to fund revolutionary efforts. Critics
claim that Washington and other founding fathers, hypocritically promoted
equality while espousing patriarchal or misogynistic beliefs. Founders prop-
agated beliefs that women relied on men for support; thus, they were not
equal or entitled to political equality. Womens’ passions may have been al-
leged to threaten governmental stability; and women may possibly have
been perceived as being naturally well-suited for domesticity. Males’ politi-
cal interests were believed to speak for wives’ interests. Thus, men may have
acted as representatives of their homes. Some founders may have perceived
this as flawed reasoning that threatened revolutionary aims and democracy.

As the United States became a nation, young people may have experienced
more freedom to choose partners to marry. Alternative models of woman-
hood emerged in which women participated in politics, served as deputy
husbands, mediated community disputes, and thrived in university life.
These alternative models were distinguishable from traditional British patri-
archy; and they may have stemmed from revolutionary attitudes. Revolu-
tionary rhetoric about equality may have fueled women to assert their de facto
rights and oppose tyrannical attitudes of gender-entitlement. During the
1800s before independence, colonial women were political. They participat-
ed in boycotts and demonstrations. Then they joined the war efforts by de-
fending property, cleaning, cooking, nursing, and fulfilling in other tradition-
al roles. However, some fought in combat. Proponents of gender equality ar-
gued against traditional sexist arguments by claiming that education tem-
pered female passion and patriotism demonstrated women’s commitment to
public order. Throughout U.S. history, state and federal governments have
continued to debate the extent of male authority. Some of the issues affecting
women’s equal status that have been decided on constitutional grounds in-
clude voting, employment, hiring practices, sexual harassment, birth control,
and sexual assault. To some extent, stare decisis has eroded legislative author-
ity to institutionalize patriarchal traditions, attitudes, or philosophies.
Fig. 1.1. George Washington traditionally depicted wearing a phallic hairdo.

DOMESTIC VIOLENCE
Traditionally, “domestic violence” is a term used to describe abuse be-

tween spouses and children. Definitions of domestic violence have expanded
over the past quarter century. Many jurisdictions protect people in any famil-
ial relationships to several degrees of consanguinity, adoption, or marriage.
In some jurisdictions, any sexual or romantic history between quarrelsome
parties may constitute domestic violence. In recent years, researchers and
legislators have referred to domestic violence as intimate partner violence
(IPV). Though the terms are used interchangeably, “IPV” may be more in-
clusive than domestic violence. It includes same-sex partners; juveniles in
nonmarital relationships; and other groups who may be excluded by tradi-
tional definitions of domestic violence. IPV and domestic violence can in-
clude acts of sexual abuse, physical abuse, psychological abuse, reproductive
coercion, sexual coercion, verbal abuse, social humiliation, animal compan-
ion abuse, surveillance, stalking, work disruption tactics, intimidation, threat,
and kidnapping (Cusack, 2015; Cusack, 2013; Galvez et al., 2011). Traditional
and limited understandings about gender roles and relationships between
domestic violence and masculinity may impede progress in law and policy.
History of domestic violence laws demonstrates progress; but, research con-
tinues to demonstrate inadequate social responses to IPV and pervasive gaps
in knowledge.
History of domestic violence law in the U.S. demonstrates that wife-beat-
ing has been perceived by the public, religious leaders, and the government
as lowly and despicable. An early case arising in Alabama between emanci-
pated slaves in 1871 articulated this point; and it also stressed that women
were entitled to equal protection under the law. A man was attempting to
beat his child when his wife intervened; and he struck his wife twice. The
court held that his actions did not constitute self-defense; and thus, were
criminal battery. The husband argued that his wife was not injured. He asked
for a jury instruction requiring the jury to find injury as an element of battery.
Presently, a few jurisdictions require injury as an element of battery. Yet, the
court in that case refused the defendant’s request for a jury instruction. The
court held that any physical discipline inflicted on a wife is barbaric irrespec-
tive of damage or intended malice. The defendant argued that tradition per-
mitted lower-ranking people to coerce their wives into submission. The court
disagreed, holding that all people are equally subject to the law. The court
held that
[L]earning, with its humanizing influences, has made great progress, and
morals and religion have made some progress with it. Therefore, a rod which
may be drawn through the wedding ring is not now deemed necessary to teach
the wife her duty and subjection to the husband. The husband is therefore not
justified or allowed by law to use such a weapon, or any other, for her moder-
ate correction. The wife is not to be considered as the husband’s slave. And the
privilege, ancient though it be, to beat her with a stick, to pull her hair, choke
her, spit in her face or kick her about the floor, or to inflict upon her like in-
dignities, is not now acknowledged by our law. . . . [Love and mildness are] the
voice of the law, and the voice of politeness and humanity, and I think also the
voice of religion, which is, after all, but pure and disinterested love. (Fulgrahm
v. State, 1871)
Throughout the later nineteenth century and early twentieth century, indi-
vidual legislatures passed laws to punish abusers; and courts held domestic
abusers responsible. Despite developing legal protections, public condemna-
tion of abuse had not yet transformed spousal abuse into a distinct and seri-
ous crime.
Routine violence slowly receded as the civil rights movement gained
speed. The gay civil rights movement and second-wave feminism used
demonstrations, congressional hearings, media, and literature to alert the
public to sexual oppression and domestic violence. States began to adopt
more protective and inclusive legislation; and complete and incomplete de-
fenses for battered spouses were accepted to defend against murder. This is
discussed further in Chapter 6. However, throughout the twentieth century,
sexual liberation continued to clash with morality and patriarchy; immigrant
populations imported traditional beliefs supporting IPV; alcohol-related and
drug-related IPV increased; and economic and political instability led to
strain and tension among people with poor coping skills (Durkheim, 2013).
However, promotion of public and political discourse about violence permit-
ted some children and women to discuss familial abuse and control-dynam-
ics for the first time. Resources became available for victims of abuse, mainly
women and children. Resources for abused men continue to be almost
nonexistent or inaccessible. Resources for child victims may be like a dou-
ble-edged sword. Some child victims continue to suffer because they under-
stand that, on one hand, the justice system is designed to protect parental
rights. Thus, the system may fail to intervene into psychological or emotional
abuse. On another hand, children who are physically abused cannot disclose
abuse without risking removal from their homes or criminal prosecution of
their parents, which may lead to highly undesirable outcomes for children.
Controlling behaviors linked with reproductive coercion are generally as-
sociated with all forms of IPV; and in some cases, controlling behaviors di-
rectly cause IPV. Females or males attempting to control partners may ex-
hibit or employ a various masculine behaviors. Emotional and psychological
violence may be the most prevalent forms of IPV (Fawson, 2013). However,
they are difficult to prosecute; and some jurisdictions fail to specifically pro-
tect victims from psychological abuse. Similarly, victims may lack protection
from reproductive coercion. States tend to only protect women from repro-
ductive coercion in the context of sexual abuse; and many fail to preemptive-
ly protect women from reproductive coercion. Men receive almost no pro-
tection from reproductive coercion. Nonconsensual insemination and rape
are discussed further in Chapter 9. Denial of reproductive coercion-perpetra-
tion against men will likely continue; however, nonconsensual insemination
and other previously undiscussed forms of violence will likely continue com-
ing to the forefront of criminal justice scholarship; and victim-oriented analy-
ses about these issues may help to formulate appropriate and fair systemic re-
sponses.
Violence may associate with gender stress. Masculine constructs may
cause individuals to attempt to obfuscate apparent weakness or failure. One
study found that gender role stress relates to desire not to appear feminine.
Masculine Gender Role Stress (MGRS) scale was used to measure factors
correlating with IPV (Moore, 2010). Gender role correlated with sexual co-
ercion when respondents were stressed about avoiding feminine appearance.
Thus, men who feared possessing a feminine appearance assumed gender
roles that correlated with sexual coercion. Gender role stress was not associ-
ated with physical aggression. Failure to perform sexually or perform at work
was associated with psychological aggression. Traditionally, men have been
expected to perform sexually and perform at work. Men may internalize
these expectations to formulate masculine identities. Failure may lead to
stress, which results in psychological aggression toward partners. This is con-
sistent with literature about higher incidence of sexual coercion among men
who participate in hypermasculine activities; but, may be inconsistent with
some studies about demonstrating that athletes use sports to satisfy aggres-
sive urges, which may lower incidences of sexual assault among that popula-
tion (Spielberger et al., 1999). Aggression among athletes is discussed in
Chapter 20. Psychological aggression may be an attempt to cope, control, or
disguise weakness. Injury to partners is associated with gender stress arising
from intellectual inferiority. Intellectual inferiority is interpersonal as well as
social; it may also affect economic stability or attractiveness to mates. Liter-
ature generally tends to show that uneducated parties are more likely to ex-
perience violence. However, a few studies demonstrate that although
wealthy parties may be able to afford more structured or accommodating
resolutions, their rates of violence are not necessarily lower. Among affluent
and poor groups, alcohol consumption and violence at large may be used to
construct masculine identities (Peralta et al., 2010). Alcohol may be used in
response to gender stress to cope with trauma and history of abuse; control
interpersonal relations; or appear rugged or mature. Countless studies have
found links between alcohol and all forms of violence, sexual violence, and
aggression.
PUBLIC LIFE
Criminal law has been used by the government to regulate morality. Un-
til recently, the government regulated virtually every aspect of public and
private morality. The public sphere was traditionally reserved for men, and
many women were relegated to the private sphere. Men comprised the labor
force and women managed domestic life. Public morality is still heavily reg-
ulated, though less than in previous decades. Increased privacy rights have
tapered governmental control over private morality. Privacy rights have
been developed, in large part, by reproductive rights cases mostly clarifying
rights affecting women’s choices. Privacy rights have also been defined by a
case in which a male defendant was arrested for participating in same-sex in-
tercourse, i.e. sodomy (Eisenstadt v. Baird, 1972; Planned Parenthood v. Casey,
1992; Roe v. Wade, 1973).
Right to privacy is not mentioned in the Bill of Rights or the Constitution.
However, its protections emanate from longstanding traditions that U.S.
founders and contemporary Americans likely value and have considered to
be fundamental to American way of life. Right to privacy protects marriage;
right to nonharmful consensual sex; right to raise one’s children; right to
view obscenity in one’s home; and right to birth control. Several of these
rights developed in response to oppressive aspects of heteronormative tradi-
tions. Courts asked whether longstanding traditions promoting heterosexual,
procreative marriage could be placed above women’s individual rights to
privately make procreative choices and homosexual men’s longstanding
right to privately participate in consensual sodomy. U.S. Supreme Court cas-
es, including Planned Parenthood v. Casey (1992), Roe v. Wade (1973), and Eisen-
stadt v. Baird (1972) stand for the proposition that women may autonomous-
ly make reproductive choices without sharing information with their hus-
bands. Women do not require spousal or governmental consent to access
birth control. Marital traditions cannot limit women’s right to choose
whether to procreate. To hold that all adults have longstanding rights to par-
ticipate privately in nonharmful consensual sex, the court reasoned that ear-
ly prohibitions against nonprocreative sodomy were intended to proscribe
sexually aggressive acts perpetrated on nonconsenting victims (Lawrence v.
Texas, 2003). Even though there is no longstanding right to homosexual
sodomy, laws enforcing private morality could not be valid if they only tar-
geted consensual same-sex relations, but not consensual heterosexual rela-
tions (Bowers v. Hardwick, 1986). Furthermore, the right to privacy was held
to be a broad enough right to remove government regulation from inside
people’s bedrooms. Public, governmental acknowledgment of same-sex mar-
riage falls under state-level authority regulating right to privacy. However,
the court has not granted certiorari to petitions asking whether state-level pro-
hibitions against same sex marriage violate the Constitution.
WEALTH
Gender roles may correlate with perceptions about wealth and justice.
Framers, founders, signers, presidents, justices, judges, members of Con-
gress, and other public leaders mostly have been wealthy males. Though as-
sociations between masculinity, wealth, and justice should not be overstated,
masculinity may encourage money-focused outlooks and possession accu-
mulation. Charity, social justice, and relationship-oriented focus are thought
to be feminine social constructs.
Signers of the Declaration of Independence and delegates to the Constitu-
tional Convention were mainly linked by nationality and high levels of edu-
cation; however, many were wealthy (NPS, 2004). The majority of signers of
the Declaration of Independence were educated in law. Critics of American
history may associate founders with wealth, but most were not wealthy. Ap-
proximately one-third Declaration of Independence signatories were born
into wealthy families. Many earned wealth before and after beginning polit-
ical careers. Working to earn wealth is an American value, yet critics argue
that means for earning wealth have traditionally been reserved for men of
European ancestry. However, during the colonial era, many men of Euro-
pean ancestry worked as indentured servants. Privilege was not imparted to
indentured servants. At least one signer of the Declaration of Independence
traveled to the new world as an indentured servant. Land ownership among
some signers related to farming; though, many signers were wealthy planters.
Critics tend to emphasize that colonial men were entitled to greater rights if
they met requirements for land ownership, which was consistent with British
tradition. However, property rights have always been and continue to be es-
sential to American notions of liberty.
Of the 55 delegates to the Constitutional Convention, most were well-ed-
ucated men who participated in the Revolution (National Archives, n.d.). Of
these, only eight had signed the Declaration of Independence and six signed
the Articles of Confederation. Like several signers of the Declaration of In-
dependence, several delegates to the Constitutional Convention studied the-
ology. Most were ranked in the Continental Army and held local govern-
CONTENTS
Page
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Chapter
1. TRADITIONAL MASCULINITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Males and Masculinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Equal Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Public Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Wealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2. PENISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Frisk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Concealment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Obscenity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Erections and Dress Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3. SEX AND MONEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
xi
level that requires buy-in, which may manifest as support or criticism. For ex-
ample, in reality many wealthy male founders and leaders shared or ac-
quired wealth from women; and may have held relationship-oriented values
that could be described as feminine. Those kinds of values resonate with con-
temporary law and procedure, and especially, alternative justice and inter-
ventions. Nevertheless, gender stereotyping can implicitly correlate compe-
tence, incompetence, insubordination, willingness, strength, weakness, and
other qualities with gender that result in biased perceptions, which influence
an individual’s navigation through politics and the justice system (Waterhouse
v. Hopkins, 1988).
CONCLUSION
Masculine identity has been shaped by and subject to societal norms. Tra-
ditional cultures may reward males for participating in patriarchy and may
fail to sufficiently discourage males from perpetrating domestic violence or
behaving aggressively. U.S. culture may originally have been based on tradi-
tional gender norms, but it has progressed. Public life was reserved for males
and political power was directly controlled by wealthy European American
males. However, social and political equality have become increasingly insti-
tutionalized by relatively recent interpretations of the U.S. Constitution, es-
pecially as they relate to private morality.
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Denno, D.W. (1998). Life before the modern sex offender statutes. Northwestern Uni-
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Chapter 2
PENISES
INTRODUCTION
P enises, scrotums, and private areas are commonly used to hide contra-
band and weapons. Police officers and corrections officers are aware that
suspects and offenders may attempt to conceal objects in private areas. The
U.S. Constitution guarantees due process that protects people from unneces-
sary, humiliating, or intrusive invasion of their private areas. Thus, policies,
procedures, and cases articulate contexts in which genitals must remain pri-
vate and when genitals may be touched or viewed by the government.
FRISK
Constitutional rights to be free from unreasonable search and seizure are

protected by the Fourth Amendment. Warrantless search and seizure is pre-
sumptively illegal and evidence seized through illegal searches is presump-
tively inadmissible. Terry v. Ohio (1968) emphasized the importance of balanc-
ing “the need to search [or seize] against the invasion which the search [or
seizure] entails” (Terry v. Ohio, 1968). Courts discourage officers from violat-
ing constitutional rights by making illegally discovered evidence inadmissi-
ble against defendants.
Investigatory stops are valid when officers have a reasonable suspicion
that a crime has recently occurred, or will occur in the near future. Police ob-
servations often raise reasonable suspicions. Officers’ professional experi-
ences and knowledge is given deference by courts. Courts do not use a rea-
sonable person standard because police view activity differently than laypeo-
ple due to their experience. Thus, courts examine totality of the circum-
18
Penises 19
stances to determine whether police had a reasonable suspicion justifying an

investigatory stop.
Police may frisk people detained for a reasonable amount of time. Frisks
are justified under the Constitution because they are based on officer safety.
Officers may frisk to discover weapons. However, officers are not required
to ignore contraband discovered during a frisk (U.S. v. Bustos-Torres, 2005;
U.S. v. Campbell, 2008; U.S. v. Johnson, 2000; U.S. v. Most, 1989; U.S. v. Rogers,
1997; U.S. v. Raymond, 1998; U.S. v. Rivers, 1997; U.S. v. Yamba, 2007). During
a pat-down officers may feel objects inside pockets or clothing. If a plain feel
of items immediately makes apparent to officers that items are contraband,
then officers may seize that contraband (Minnesota v. Dickerson, 1993; Annual
Review of Criminal Procedure, 2013). Officers’ experience and knowledge may
inform them about the likelihood that certain shapes or textures are contra-
band (Lamartina, 2013; McCracken v. State, 2012). However, under the plain
feel doctrine, officers cannot palpate objects. It is a violation to squeeze or
excessively manipulate objects during an investigatory stop and weapons
frisk. If officers have a reasonable suspicion that criminal evidence is present
within a container, then they may call a K-9 unit or obtain a warrant to
search the container. If the contents can be inferred, then no warrant is nec-
essary.
Police have been alleged to commit sexual violations during frisks. False
accusations against police are discussed in Chapter 15. In many cases, viola-
tions are intentional. At other times they may result from improper frisk pro-
cedures. For example, social media circulated a video of a young man being
frisked by police. An officer felt an object in the young man’s waistband, but
the object’s contents were not immediately apparent to be contraband. The
officer returned to the object a second time and palpated the object
(Youtube.com, n.d.). He asked the young man to identify the object. The
young man identified that the object was his penis. The young man was not
in handcuffs; thus there is reason to believe that the young man was being
detained and frisked under Terry v. Ohio (1968). Under Terry v. Ohio (1968),
Dickerson’s plain feel holding would apply. Thus, the officer should not have
squeezed the young man’s penis.
CONCEALMENT
Drug dealers attach drugs to their penises using strings or tape. Their goal
is to minimize police’s ability to detect drugs during frisks. For example, a
suspect was arrested after marijuana was discovered in his car (Bender,
2012). During a search incident to arrest, arresting officer discovered a large
bulge in a suspect’s pants. At the police station, officers discovered that a
large bag was tied to the suspect’s penis. The bag contained 89 bags of heroin
and cocaine. The suspect became nervous when police attempted to remove
the bag and he urinated on officers. Police articulated their belief that the sus-
pect likely tied the drugs to his penis because he believed that the drugs
would be undetectable.
Waistbands are commonly patted down because drugs are frequently de-
tected in waistbands (U.S. v. Edwards, 2011). Waistband pat-downs may lead
officers to discover contraband concealed in suspects’ groins. For example,
an arrestee was processed through Louisville Metro Corrections (WLKY
Louisville, 2011). Officers patted down the suspect and detected drugs in his
waistband; they ordered a strip search. During the strip search, they discov-
ered a bag of crack cocaine concealed in the foreskin of his penis. Following
their discovery of contraband in his foreskin, the suspect was charged with
promoting contraband and trafficking a controlled substance.
When police discover evidence adhered to a suspect’s penis, they must
use reasonable means to remove the evidence or the evidence may be inad-
missible. Unreasonable procedures may violate suspects’ constitutional
rights. Policy rationales call for evidence to be inadmissible when police vi-
olate suspects’ rights inadmissibility deters police from obtaining evidence il-
legally in the future. In U.S. v. Edwards (2011), the court considered a motion
to suppress unlawfully obtained evidence. The facts demonstrated that police
made a lawful arrest and discovered a bag of drugs taped to a suspect’s penis.
In court, the defendant claimed that the evidence should be inadmissible be-
cause police used a knife to cut the evidence off his penis. He argued that the
dangerous technique was an unlawful violation of his rights. The court ana-
lyzed the case under Bell v. Wolfish (1979). In Bell, the Court used a flexible
test to measure whether governmental actions are reasonable during sexually
invasive searches. The court in Edwards weighed several factors. The defen-
dant’s hands were cuffed behind his back and a knife was used near his penis.
The court felt that it was reasonably foreseeable that this technique would
cause humiliation and fear. The government argued that the search’s scope
and manner were reasonable because the defendant was not physically in-
jured. The court held that under Bell the reasonableness of sexually intrusive
searches does not turn on the outcome of the search, but it turns on the man-
ner of the search. Searches may be unreasonable if they expose suspects to
danger or pain, or cause suspects to fear for their safety or health. Officers
discovered the baggie using a flashlight; however, the officer relinquished
the flashlight to handle a knife. The baggie was cut without any light at night
while officers held open the defendant’s underwear. Thus, an unnecessary
risk of harm was created when police used a knife on the defendant’s penis
in the dark. These factors led the court to hold that the search was unreason-
able and violated the defendant’s rights.
Penises 21
INJURIES
Suspects’ groins and offenders’ groins have become injured or amputated

during pat-downs and seizures. During investigatory stops, e.g. stop-and-
frisk, suspects may be detained for a reasonable amount of time to complete
an investigation and frisk for officer safety. A reasonable amount of force
may be used, but use of force on a suspect’s genitals is not standard proce-
dure. Forceful contact with suspects’ penises may be intentional or negligent.
During pat-downs officers may contact genitals; however, contact should be
no more than minimally intrusive if possible (Clancy, 1998).
Excessively intrusive contact violates a suspect’s constitutional rights. In
one example, police violated a teen’s rights during a frisk. A group of teens
were given scarves to wear on a cold day by their high school principle
(David, 2014). Not long after they wore them outside school property, police
stopped the teens to frisk them. Police articulated their belief that scarves
covering the teens’ faces raised reasonable suspicion of criminal activity. The
boys were placed in handcuffs and frisked. Without probable cause, a female
officer frisked one teen grabbing his buttocks and genitals. She twisted and
pulled his testicles ferociously until his testicle ruptured. This frisk violated
several of the teen’s rights.
In some cases, canine officers have aggressively bitten suspects’ groins. At
times, bites on suspects’ groins seem unjustified; but at other times, groin
bites seem reasonable. K-9 units rely on canine officers to detect contraband,
locate individuals, and seize suspects (Cusack, 2015). When canines bite sus-
pects and hold them, suspects are seized under the Fourth Amendment.
However, unintentional bites do not result in seizure when dogs bite nonsus-
pects (Andrade v. City of Burlingame, 1994; Dunigan v. Noble, 2004; Marquez v.
Andrade, 1996). When a canine unexpectedly bolts and is not under a han-
dler’s direct control a bite may not be an intentional seizure. However, a po-
lice dog ordered to bite seizes a person even if a canine officer bites the
wrong person because the bite is intentional (Vathekan v. Prince George’s Coun-
ty, 1998). Irrespective of whether a bite is intentional and a Fourth Amend-
ment violation occurs, negligence may be a separate claim. However, police
may receive qualified immunity if their actions were performed under the
color of law and without callous disregard for suffering.
In one case, a man in Louisiana was positioned by police on his knees with
his fingers locked behind his head (Hsu, 2011; Purpura, 2011). A K-9 handler
released a dog, which attacked the suspect’s groin. The suspect claimed that
force was unreasonable because he suffered severe mental anguish; loss of
consortium, enjoyment, and sexual function; scrotal and urethral tearing;
loss of feeling in his penis, which was partially severed; and severe nerve
damage.
Contents xiii
Hate Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
8. MARRIAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Monogamous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Incest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Criminal Adultery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Parenting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
9. PENETRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Penile Penetration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Object Penetration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Sexual Battery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Condoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
10. TRANSGENDER AND TRANSVESTITE . . . . . . . . . . . . . . . . . 116

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Diagnostic and Statistical Manual of Mental Disorders, 5th Edition
(DSM V) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Gendered Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Post-Conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Hate Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Gender Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Prostitutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Sting Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
11. PHALLIC CJ SYMBOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Penises 23
cion that an arrestee may possess a weapon or contraband; may pose a threat
to anyone’s safety; or may present a flight risk. The U.S. Constitution re-
quires strip searches to be reasonable inside holding cells or corrections fa-
cilities.
Cross-gender searches may be constitutional because they are not per se
unreasonable (Smith, 2013). The right to be free from cross-gender pat-
downs, viewing, or cavity searches may not be clearly established by stare de-
cisis in most jurisdictions. A variety of variables may influence the outcomes
of constitutional rights violation claims. In some jurisdictions or depart-
ments, cross-gender searches are only permissible during exigent or unusual
circumstances. Generally, the government may not routinely subject one
gender to strip searches, but not the other gender. Yet, telecasts of prison strip
searches to irrelevant locations containing members of the opposite gender,
i.e. police stations, may be impermissible. Sexual violence victims may be
entitled to same-gender searches due to their special circumstances and po-
tential cruelty involved in cross-gender searches. Religious freedom may be
abridged when a religious arrestee requests a same-gender search. Religious
inmates may request a same-sex official to be present during sexually inva-
sive medical procedures. Felons may routinely be subjected to strip searches,
but felons must be secluded from opposite-gender arrestees during sexually
invasive searches.
OBSCENITY
Sexually erotic depictions of penises may be protected under the First

Amendment or they may be illegal, i.e. obscene (Cusack, 2014). Legality of
pornography may hinge on whether pornography is possessed or viewed in
public or private. Viewing or possessing hardcore pornography, i.e. obscen-
ity, while in public is unprotected by the First Amendment. Privately view-
ing hardcore pornography inside one’s home may be legal (Georgia v. Stan-
ley, 1969). Private possession of obscenity may be legal depending on the
number of depictions possessed; means of viewing or acquiring obscenity;
local definitions of obscenity; and potential redeeming value of the depic-
tions.
Pornography is judged as obscenity if the dominant theme of an explicit
depiction appeals to prurient interests; and it offends average members of a
local community (Roth v. U.S., 1957). However, if obscenity possesses suffi-
cient redeeming value, then it will be protected (Miller v. California, 1973).
Most depictions contain de minimis value. Thus, to receive First Amendment
protection, a work must possess more than de minimis value. Some kinds of
hardcore pornography are treated as being presumptively obscene. Re-

deeming value may be scientific, political, artistic, or literary value.
Some kinds of pornography are treated as per se obscene (Cusack, 2014).
Excretory functions and violent depictions are often treated as per se obscene
by courts and under statutory law. Violent depictions, i.e. sadomasochism,
may include whipping, spanking, bondage, humiliation, submission, domi-
nation, torture, rape, murder, and other acts. Excrement may not be depict-
ed in pornography. Pornography may be obscene irrespective of whether
penises are depicted as excreting waste; or they are merely visible in a hard-
core depiction involving urine or feces.
The government may differentiate between depictions of turgid penises
and flaccid penises (Cusack, 2014). A depiction of a flaccid penis is not nor-
mally considered to be obscene; though, contexts in which a penis is depict-
ed or in which depictions are displayed may render depictions of flaccid
penises to be obscene. A depiction of a turgid penis displayed in public is
likely to be impermissible as are sexually violent depictions of clothed, nude,
turgid, or flaccid penises designed to appeal to prurient interests.
Bestiality is often treated as per se obscene (Cusack, 2014). Depictions of
animals’ penises are not presumptively obscene. Pornography collections
possessed by a defendant may be evidence of an image’s appeal to prurient
interests when an image only depicts animals’ genitals, but not hardcore bes-
tiality. Thus, depictions of animals’ penises may be charged as obscenity
when they are utilized as obscenity. However, some courts may distinguish
between lawful images of animals’ penises used as pornography and obscen-
ity even when lawful images are part of a primarily obscene collection.
Images depicting sexual performance by a minor are neither obscenity
nor pornography (Cusack, 2014). “Pornography” is a term that is often used
to describe often protected material. “Obscenity” is a term used to describe
illegal material that is criminalized depending on local tastes. Thus, some
hardcore material may be protected in certain contexts or jurisdictions. How-
ever, child pornography is never protected. Nude images of children may be
considered to be obscene even if images do not depict sexual exploitation
(U.S. v. Dost, 1986). These cases are facts-specific. In most cases, sexually ex-
plicit simulated depictions of children may be considered to be obscene even
if they are not child pornography (Cusack, 2011). Simulations may include
digitally altered images, digitally generated images, cartoons, and collages.
ERECTIONS AND DRESS CODES
Public morality was designed to control men and women. Public and pri-
vate morality are discussed in Chapter 1. Disparate nudity laws are one of
Penises 25
many examples in which traditional values have called for gendered inter-
pretations of immorality. Though most gender disparate legislation has been
stricken, moral regulation of nudity may continue to incorporate gender
stereotypes. In many jurisdictions, males may not appear in public while in
a turgid state; however, women may appear in public with erect nipples (see
Figure 2.1) (Cusack, 2012; Tenn. Code Ann. § 39-13-511, 2014). In most juris-
dictions, females may not exhibit their nipples, but males may irrespective of
whether females’ turgid nipples exhibit arousal. Male penile turgidity may be
considered to be menacing, perverted, or threatening. Nudity laws may be
designed to dampen male arousal and sexual aggression while bridling fe-
male liberation. Though minimization of sexual aggression seems rational
and important, generalizations about male sexuality may impermissibly be
stereotypical (U.S. v. Virginia, 1996). The government’s “justification [of gen-
der based laws] must be genuine, not hypothesized or invented post hoc in re-
sponse to litigation. And [laws] must not rely on overbroad generalizations
about the different talents, capacities, or preferences of males and females”
(U.S. v. Virginia, 1996).
Figure 2.1. Multiple prostheses simulating turgidity.

Governments may justify gendered nudity laws by explaining relation-

ships between gender roles and sex work (Town of Dexter, 2014; Town of
Holden, 2014). Sex work is neither protected by the right to contract, nor the
right to privacy. Jurisdictions may believe that social harms caused by pros-
titution are best targeted by laws that prohibit each gender from behaving in
ways consistent with sex work. Visible erections are restricted to places
where people have reasonable expectations of privacy. Erections may be
proscribed by state and local governments when they are discernable to the
public. Thus, harm is caused when the public is aware that men may be
aroused. The harm may be as minimal as causing a nuisance, yet laws pro-
scribe all nudity and appearance of turgidity (Dexter, 2014; Morristown Pub-
lic Indecency Ordinance 0807.12, 2014). Some appellate courts may set aside
convictions for lewd or lascivious behavior when victims who observe erec-
tions, whether covered or bare, do not feel alarmed or shocked, but only feel
excited or giggly (Commonwealth v. Kessler, 2004). Critics may argue that this
legislation is overly inclusive compared to the potential degree of harm
caused. Thus, it may be impermissible under the First Amendment. In some
jurisdictions, depictions of clothed erections qualify as obscenity; thus moral-
ity-based proscriptions may be upheld (Cusack, 2014; Texas Penal Code
43.21, 2014). Possession of these depictions in public may be illegal even if a
depicted erection is not visible to the public.
CONCLUSION
Various policies address government-genital encounters. Voluntary pat-

downs, stop-and-frisks, searches, and strip searches are legal as long as due
process guarantees are upheld and policies are not willfully or maliciously
breeched. Policies permitting government–genital encounters are designed
for officer safety and public safety; and they may facilitate lawful discovery
of contraband. Unlawful discoveries are discouraged by courts, which hold
that tainted evidence is inadmissible. Privacy concerns are important to the
public. Thus, the government is required to minimize incidences of public
nudity through criminal procedures. The state uses police power to enforce
public decency which requires men not to appear in public while turgid.
Penises 27
REFERENCES
(2013). Annual Review of Criminal Procedure, The Georgetown Law Journal, 42, 3.
(2011, February 3). Officers say drugs found in man’s penis: Police: suspected crack
cocaine found in foreskin. WLKY Louisville. Retrieved from http://www.wlky.
com/Officers-Say-Drugs-Found-In-Man-s-Penis/9795510#ixzz39NegZPsL
Andrade v. City of Burlingame, 847 F. Supp. 760 (N.D. Cal. 1994).
Bame v. Dillard, 647 F. Supp. 2d 43, 52, 55 (2009).
Bell v. Wolfish, 441 U.S. 520 (1979).
Bender, W. (2012, April 11). Police: Dealer tied 89 bags to penis, peed at the station.
Philly.com. Retrieved from http://www.philly.com/philly/blogs/delco/147068
585.html#q4WqF9ZpI3JBSCiS.99
Clifford, K. (2013, September 10). Man allegedly punches police dog, gets bitten on
penis. Sunshine Coast Daily. Retrieved from http://www.sunshinecoastdaily.
com.au/news/police-dog-bites-suspect-on-penis/2015283/
Clancy, T.K. (1998). Protective searches, pat-downs, or frisks?: The scope of the per-
missible intrusion to ascertain if a detained person is armed. Marquette Law Review,
82, 491-533.
Commonwealth v. Kessler, 442 Mass. 770 (2004).
Cusack, C.M. (2011). Busting patriarchal booby traps: Why feminists fear minor dis-
tinctions in child porn cases, an analysis of social deviance with in gender, family,
or the home, (etudes 4). Southern University Law Review, 39, 43.
Cusack, C.M. (2012). Boob laws: An analysis of social deviance with in gender, fam-
ily, or the home, (etudes 2). Women’s Rights Law Reporter, 33, 197.
Cusack, C.M. (2014). Pornography and the criminal justice system. Boca Raton, FL:
CRC/ Francis & Taylor.
lisher.
David, M.B. (2014, January 22). Cop ‘stops and frisks’ African American teen, liter-
ally destroying his genitals. Political Blind Spot. Retrieved from http://political-
blindspot.com/stop-and-frisk-of-african-american-teen/
Dexter, Maine. (2014). Public Indecency Ordinance. Retrieved from http://dexter-
maine.org/wp-content/uploads/2014/05/Public-Indecency.pdf
Dunigan v. Noble, 390 F. 3d 486 (6th Circ. 2004).
Georgia v. Stanley, 394 U.S. 557 (1969).
Town of Holden, Maine. (2014). Public Indecency Ordinance. Retrieved from
http://www.holdenme.govoffice3.com/vertical/Sites/%7BF485F62D-81A7-489A-
ACF6-6CF5E665D80F%7D/uploads/%7B702E D692-009A-4D02-83AF-
20B15CBF47CC%7D.PDF
Hsu, C. (2011, August 17). La. man sues for $30M: Police dog bite to penis. Injured:
Find Law. Retrieved from http://blogs.findlaw.com/injured/2011/08/la-man-
sues-for-30m-police-dog-bite-to-penis.html
Lamartina, D. (2013). Recent development: McCracken v. State: A law enforcement
officer does not violate the fourth amendment when he or she seizes items dis-
covered on a suspect during a lawful Terry stop and frisk if there is probable cause
Contents xv
15. SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Male Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Male Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
False Allegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
16. MALE SEX OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Phallometric Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Fetishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Sex Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Male Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Frotteurism and Piquerism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
17. MALE WORKING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
K-9 Spay and Neuter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Mounted Police Geldings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Humping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Sex Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
18. JUVENILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Bullies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Risky Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Sexual Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Child Pornography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
19. MISUNDERSTOOD MAXIMS OF MASCULINITY . . . . . . . . 203

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Chapter 3
SEX AND MONEY
INTRODUCTION
G enerally, contracts for sex are invalid. Reasons vary for why sex com-
modification is illegal, but two main reasons are that: (1) socially imper-
missible power disparities are almost always involved in agreements for sex;
and (2) commodification of sex is perceived to be immoral by traditional
governments and societies. Some exchanges of sexuality for money seem to
be legal, but other criminal consequences for prostitution are well-known
and create a premium for certain behaviors. For example, a contract to have
sex amounts to prostitution even if parties are not paid because parties ex-
change sex. However, a contract to permit someone to film during sex may
be valid, i.e. pornography. Thus, agreements to engage in sex acts at a par-
ticular time or in a certain context may be valid; but remuneration for sex is
always illegal. Despite apparent willingness among some victims, victims of
sex trafficking are considered to be enslaved because remuneration is so low
or indirectly paid to pimps. Thus, the illegality of contracting for sex slaves
defines the act as much as the way in which money and people flow in the
black market.
TRAFFICKING
Commercial sex trafficking may be the most prevalent form of forced hu-
man labor (Cusack, 2014b; Walker-Rodriguez & Rodney, 2011). Annually,
millions of victims are trafficked domestically and internationally. Human
sex slavery is the largest black market enterprise behind drugs and weapons
smuggling. Victims flow from every global region including South Asia,
29
Southeast Asia, Eastern Europe and Russia, Central America, South Ameri-
ca, the Middle East, Western Europe, Africa, and North America.
In the United States, approximately 293,000 minors are presently at risk
of commercial sex trafficking (see Figure 3.1) (Cusack, 2014b; Walker-Ro-
driguez & Rodney, 2011). Minors who are disconnected from their families
are at greatest risk. They may have personal histories of abuse or neglect that
make them more vulnerable to traffickers. Some minors are forced into traf-
ficking by family members or community members; or they may be abduct-
ed. Victims are isolated, repeatedly physically assaulted, and plied with
drugs. Drug addiction numbs trauma and makes children more compliant
with traffickers’ demands. Victims may be locked away for several weeks and
repeatedly raped until they are compliant. Trafficking may be local or re-
gional; and minors may be shuffled to areas seasonally, e.g. for major sport-
ing events. Local traffickers may be involved in national or international or-
ganized crime networks. Children are trafficked under aliases; and traffickers
usually withhold minors’ access to their genuine passports, birth certificates,
and identifications. On average, female prostitutes begin working at 12 years
old; boys and transgender minors may become prostitutes at younger ages
than females. Traffickers who have control over prostitutes’ identifications
may pretend to be parents or guardians. Outsiders and prostitutes may be-
lieve that traffickers are guardians, and victims may refer to male pimps as
“daddy.” Thus, child victims may not attempt to seek help due to learned
helplessness (Stockholm Syndrome), emotional manipulation, or fear that a
pimp assuming a guardian’s role will be able to locate escapees using legal
means. Women involved in trafficking may have previously worked as child
sex slaves; and they may lure new children into a sex trafficking. Often
women serve as “bottoms” who manage newer prostitutes and collect their
earnings. They may discipline and seduce prostitutes when necessary to con-
trol them and develop strong bonds. Bottoms may serve as mother figures to
child sex slaves.
Trafficking Victims Protection Act (TVPA) attempts to address interna-
tional and interstate trafficking (Walker-Rodriguez & Rodney, 2011). TVPA
seeks to enforce new legislation as well as apply anti-slavery provisions of the
Thirteenth Amendment of the U.S. Constitution. The TVPA attempts to pre-
vent trafficking by building international public awareness and developing
sanctions programs. It authorizes T Visas and victims’ services for victims
who are undocumented residents living in the United States Task forces, lo-
cal law enforcement agencies, and nonprofit organizations also participate in
protecting victims and securing severe sentences for offenders. Local law en-
forcement agents may be trained to identify trafficking operations and report
them to federal agencies. Indications of commercial human trafficking ob-
servable by local law enforcement may include injuries and evidence of tor-
Sex and Money 31
Figure 3.1. Pregnant child prostitute.
ture; malnourishment and drug addiction; living-quarters inhabited by a

large number of occupants; lack of official of personal records among occu-
pants; a controlling third party; and irregular visiting hours and presence of
strangers in what seems to be a brothel or flophouse. The TVPA provides
federal prosecutorial remedies and stiffer penalties. The TVPA led to the es-
tablishment of Office to Monitor and Combat Trafficking in Persons, a state
department bureau focusing on trafficking and commercial sexual exploita-
tion. U.S. Immigration and Customs Enforcement (ICE) also enforces TVPA
in a variety of contexts that call attention to connections between various
black markets and organized crime. Human traffickers, arms traffickers, and
drug traffickers may share resources, e.g. travel routes, and trade goods and
services with terrorist organizations. These patterns and issues are studied by
ICE’s Human Smuggling and Trafficking Unit, Federal Bureau of Investiga-
tion (FBI), Department of Homeland Security, Central Intelligence Agency
(CIA), Human Smuggling Trafficking Center (HSTC), and Department of
Justice (DOJ) (Cusack, 2014b; Walker-Rodriguez & Rodney, 2011). The
DOJ’s Child Exploitation and Obscenity Section (CEOS) and National Cen-
ter for Missing and Exploited Children (NCMEC) initiated Innocence Lost
National Initiative; they have collaborated for more than a decade to rescue
thousands of minor victims of sex trafficking; convict hundreds of pimps and
madams; and seize real property and assets acquired through commercial
exploitation.
Asset seizure may be significant because commercial sex trafficking is a
relatively lucrative industry throughout the world. In the past decade, the in-
dustry has tripled its revenue and is estimated to generate $150 billion annu-
ally (Luscombe, 2014). Profits from commercial exploitation account for two-
thirds of all human slavery profits. Profits are mainly generated by sales of
women and children throughout Europe, Asia, and the Americas (Cusack,
2014b; Walker-Rodriguez & Rodney, 2011). However, boys are also sold into
commercial sexual slavery. Lack of experience, physical weakness, small
size, and powerlessness make boys and girls equally easy to control and traf-
fic. Either gender may be physically coerced or groomed by older “lover-
boys.”
Several theories explain why male participation in trafficking may seem
disproportionately low. Men are estimated to participate in 70 percent of traf-
ficking crime; however, women participate in trafficking at twice the rate as
other women in all other crimes on average (Walker-Rodriguez & Rodney,
2011). Women traffickers are especially prevalent in Eastern Europe and
Central Asia trafficking networks. In these regions, only 25 percent of con-
victed traffickers are men. Many women may be involved in trafficking chil-
dren for illegal adoption. In the U.S. children account for 27 percent of vic-
tims of human trafficking, but only half are exploited sexually. This figure is
consistent with figures suggesting that sexual exploitation victims comprise
approximately 58 percent of human traffic victims.
Several theories explain why male participation in sex trafficking may
seem disproportionately low. Males’ total involvement in trafficking may be
part of the dark figure of crime or may be underrepresented by statistical
data (Walker-Rodriguez & Rodney, 2011). Overall, males only comprise ap-
proximately 25 percent of all trafficking victims. Thus, many female traffick-
ers may directly prey on female victims; and convicted female traffickers
may also have been victims of trafficking. Women may occupy low-ranking
positions within crime networks that expose them to greater risk while men
are more likely to distance themselves from street-level crimes. Female traf-
Sex and Money 33
fickers’ lower-ranking positions and exposure to detection may result in dis-

proportionally high arrest and conviction rates. Thus, trafficking networks
may be male-driven by traffickers and clients, but may rely heavily on fe-
male participation. Women may represent 60 percent of convictions and 60
percent of victims; but they may be a small fraction of criminal actors. Men
may be convicted at lower rates in some regions. For example, in Eastern Eu-
ropean subregions, men may account 38 percent of total commercial traffick-
ing prosecutions; but, men may only represent 23 percent of convictions.
Women in certain subregions may comprise 62 percent of prosecutions, but
represent 77 percent of convictions. However, in the United States women
comprise 50 percent of prosecutions, but only make-up 42 percent of convic-
tions. Adult men only account for approximately 15 percent of trafficking
victims, but many may be undetected. In a few subregions, only men have
been convicted of sex trafficking indicating that men may exclusively traffic
humans in that area and female victims fail to work for crime syndicates in
low-level positions. Traffickers tend to be men who are situated locally. Due
to gender prejudices that fail to readily identify males as victims of sexual ex-
ploitation, victims with whom local traffickers affiliate may be presumed to
be locals or autonomous prostitutes. It is possible that females control sex
trafficking operations. They may be involved in international sex work syn-
dicates in which they perceive themselves as being empowered. Research in-
dicates that “victims” of sex trafficking may adopt narratives deriding sex
work and blame traffickers to gain status in a foreign jurisdiction because
laws tend to punish voluntary prostitution, but protect victims of sex traffick-
ing (Russell, 2014). Many international sex workers may voluntarily operate
as mail order brides, but become entangled with domestic or foreign justice
systems as a result of their “victimization.” Some victims, like Susana Remer-
ata, may be reluctant to report abuse until they are threatened with deporta-
tion (see Figure 3.2) (Tizon, 1996). Thus, they may use sex trafficking narra-
tives or domestic violence laws to their advantages. However, sex workers’
assertiveness or empowerment should not be overstated because it must be
weighed against the reality that sex workers face the risk of abuse, enslave-
ment, and domestic violence.
PROSTITUTION
Male prostitution and escorting are prevalent; though, not as prevalent as

female sex work. Almost all sex work clients, i.e. johns, are males. Many
johns patronizing males and females are married to women. Male prostitu-
tion has historically shared some subcultural similarities with female prosti-
Figure 3.2. Susana Remerata, killed at a courthouse during annulment

and deportation proceedings.
tution (Mindel & Estcourt, 2001; Romesburg, 2009). Secrecy may increase
risk of danger for male and female prostitutes because they face violence and
safety risks presented by johns, police, and the public (Scott et al., 2005). Ex-
posure to violence may correlate with mental illness. For example, compared
to males in the general population, male prostitutes exhibit significantly
higher scores on the SCL 90-R psychopathology checklist (Simon et al.,
1992). Yet, compared to adults in outpatient psychiatric treatment, male pros-
titutes exhibit significantly lower SCL 90-R scores. Psychopathology may re-
late to male sex workers’ choices to enter into prostitution; or it may corre-
late with trauma, violence, and dangerous environments. Dangerous scenar-
ios, including unsafe sex, result from client control and covertness (Bloor et
al., 1993). Thus, to some extent risky behavior may not be volitional, even if
participation in prostitution is voluntary (Bloor & Mckeganey, 1992). One
reason that prostitutes may be at increased risk is that they are disincen-
tivized from using protection because steep increases in premiums paid for
unprotected sex curb self-efficacy (Scott et al., 2005; Shah, 2013).
Over the past 30 years, research about street-level prostitution among men
has increased, but significant gaps in knowledge persist (Morse et al., 1992).
Research has tended to focus on HIV transmission and risky behavior. An
early study of 211 male street-level prostitutes and 15 male clients found that
no single profile typifies all participants. Among male prostitutes, education
level may range from elementary school to university-level education. Street-
level male prostitutes and clients may likely be any race, but they may be
Sex and Money 35
more likely to be either African American or European American. They may

be married, single, or divorced. One common characteristic was that many
participated in high-risk drug use and sex acts that increase chances of HIV
transmission. HIV transmission rates continue to be higher within sex work
industries than the general population. Early research indicated that many
johns sexually identify as bisexual or heterosexual. Criminal justice research,
anecdotal evidence, and HIV transmission research continue to identify this
trend. Street-level male prostitutes may prefer heterosexual male clients (de
Graaf et al., 1994). Manual-genital contact is common, while oral genital sex
may be the most common sex act; but there may likely only be a 50 percent
chance that johns who perform insertion will use condoms (de Graaf et al.,
1994; Morse et al., 1992). When johns are penetrated, condom use likelihood
may increase to approximately two-thirds chance, which indicates that po-
tentially one-third of johns may seek high-risk sexual encounters. One study
found that HIV rates among male prostitutes were also approximately one
in three; one in four tested positive for syphilis; and three in five were infect-
ed with hepatitis B (Elifson, Boles, & Sweat, 1993). Quite often, male prosti-
tutes may know or strongly believe that male clients are married. Studies
show that most street prostitutes will perform sex acts requiring fluid ex-
change (Morse et al., 1992).
Logistic regressions demonstrate that HIV-positive status may be predict-
ed by past hepatitis B or syphilis infections; history of receptive anal sex; and
history of physical abuse during childhood (Elifson, Boles, & Sweat, 1993).
Many states specifically target HIV transmission among sex workers; how-
ever, almost all jurisdictions generally prohibit willful or knowing HIV-trans-
mission (Cusack, 2013a). This is discussed further in Chapter 7. Clients may
often disclose to sex workers that they engage in unprotected sex with their
intimate partners, which may help to explain johns’ preferences either way.
Riskier sex acts may correlate with hard drug use and increased disease
transmission during drug use (de Graaf et al., 1994). Research demonstrates
that street-level prostitutes may have more clients and greater turn over
among clients; they may be less stable than other prostitutes; and they are
more willing to engage in receptive or insertive anal penetration. Homosex-
ual male prostitutes are more likely than sexually-identified heterosexual
male prostitutes to offer to receive anal penetration. Yet, among heterosexual
and homosexual male prostitutes, penetrative anal intercourse may be equal-
ly prevalent. Qualitative research indicates that familiarity with particular
johns, condom use, need for drugs, and other factors may vary prostitutes’
willingness to engage in riskier behavior.
ADULT DANCING
Many jurisdictions prohibit any explicit public sexual performances (Ariz.

Rev. Stat. § 13-3502(4), 2010; Ark. Code Ann. § 5-68-302(3), 2010; Cusack,
2012; Cusack, 2014b; NDAA, 2010; Tex. Stat. § 43.23, 2014). Exceptions may
be made under the First Amendment for theatrical performances. However,
exceptions may not be made for full contact nude performances; perfor-
mances graphically simulating sex; or nude performances appealing to pruri-
ent interests. Jurisdictions typically use state power to police morality to pro-
hibit sexual performance under obscenity statutes and decency statutes; how-
ever, sexual performances many constitutes profanity, sexual misconduct,
lasciviousness, lewdness, disorderly conduct, prostitution, or other crimes.
Erotic dancing is protected by the U.S. Constitution. Dancers have a First
Amendment right to communicate erotic messages using dance. However,
full nudity is not protected in public under the Constitution. Jurisdictions
may permit fully nude dancing; however, they do not violate the First
Amendment by requiring dancers to wear minimal items of clothing. In Erie
v. Paps A.M., Kandyland (2000), the U.S. Supreme Court held that removing
a final stitch of clothing during a striptease causes a de minimis intrusion on a
portion of an erotic message. Thus, municipal dress codes imposed on erotic
dancers do not chill free speech; impermissibly restrict speech content; or ex-
cessively and unnecessarily impinge on erotic speech. The Court has held
that local governments may find it necessary to require dancers to cover cer-
tain private areas, e.g. nipples and genitals; and dress codes are appropriate
uses of state police powers to maintain order and enforce morality.
The lower court in Kandyland held that females’ bare breasts are inherently
erotic (City of Erie v. Paps A.M., Kandyland, 2000, Cusack, 2012). Thus, under
that reasoning, male dancers may be held to different decency standards
than female dancers. Courts tend not to view gender-based disparities as al-
lotting greater First Amendment rights to men, which would likely violate
the Fourteenth Amendment’s Equal Protection Clause. However, several
courts have held that disparate dress codes violate equal protection (Cusack,
2012). Traditionally, male dancers’ chests have not been perceived by mem-
bers of the criminal justice system, i.e. legislatures or judges, as being inher-
ently erotic. In the context of erotic performance, fully exposed male chests
have not been thought to cause the same public disturbance as fully exposed
female breasts. However, decency laws were considered by Kandyland before
homosexual privacy rights were developed throughout the past decade (Erie
v. Paps A.M., Kandyland, 2000). Eventhough these rights protect fundamental
aspects of life—not public communication of erotic messages—courts’ privacy
decisions have called attention to homosexual sexuality in ways that were
previously ignored by courts. Although courts at that time may have been
Sex and Money 37
aware of high prevalence of risky erotic activity among gay male communi-
ties, and potentially, relationships between nude dancing, sex work, and
HIV transmission, they were not likely to consider homosexual erotic ten-
dencies. Thus, Kandyland courts did not consider whether male dancers’
chest eroticized homosexual men in a manner similar to how heterosexual
men may be eroticized by female breasts (Erie v. Paps A.M., Kandyland, 2000;
Raible, 2011). Over the past decade, courts have continued to ignore the
erotic message communicated by topfree erotic dances performed by males
for heterosexual women or homosexual men. Though inherently erotic mes-
sages communicated to homosexual audiences could have been inferred by
heteronormative judges, evaluations about erotic messages continue to be
judged against stereotypes about women’s breasts and heteronormative and
sexually aggressive responses to female breasts. When Kandyland was decid-
ed, courts were aware of female patronage to male nude reviews; however,
the issue is this case did not turn on whether females received an erotic mes-
sage communicated by males during topfree dancing. Presumably, courts,
which are predominantly governed by men, feel that men communicate or
women experience a lower or less socially harmful degree of sexual arousal
that is less immoral or publically disruptive. It is possible that courts could
find that male and female public nudity inherently and equally possess and
communicate erotic messages. Courts could find that laws based on assump-
tions about gender preferences or talents, i.e. erotic capacity, violate equal
protection (U.S. v. Virginia, 1996). Furthermore, enforcement of traditional
heteronormative beliefs that male nipples are not inherently erotic may
abridge free speech and impose gender prejudice against males. Males may
wish to communicate an erotic message using a bare chest, but traditional-
minded courts have muted that message through holdings that establish that
women’s breasts, not men’s chests, are innately erotic; these holdings enforce
heteronormative perspectives that dictate and restrict content. Permitting
men to show their chests in public places where women are prohibited from
performing topfree restricts men from communicating an erotic message us-
ing toplessness. Disparate dress codes discriminate on their faces and in ef-
fect against men and women. Thus, hybrid rights blending free speech and
equal protection may be compromised. Nevertheless, jurisdictions are not re-
quired to permit any nude dancing; but when they do, stare decisis demon-
strates that localities may regulate public morals that minimally intrude on
free speech; men and women may be subject to different standards.
Erotic dancing may relate to child trafficking (Cusack, 2014b). Numerous
examples demonstrate that numerous underage girls sexually perform in
public abroad or domestically. Sexual performance of a child is a felony (Fla.
Stat. § 827.071, 2014; NDAA, 2010; PA Code 18 § 5903, 2014; Tex. Stat. §
43.25, 2014). In most jurisdictions, if a child’s age cannot be ascertained, then
a jury may use evidence, including a child’s appearance to infer a child’s age.
In many jurisdictions, offenders, i.e. employers, may affirmatively defend
against charges if they had a good faith belief that a child was an adult. For
example, a good faith belief may arise when a child presents legitimate iden-
tification belonging to an adult who is similar in appearance to the child and
relatively close in age (NY Penal Law § 263.0 -263.30, 2014). An employer
may have had a good faith belief and have exercised due diligence to verify
that a minor was an adult prior to employment. However, in some jurisdic-
tions, employers may be held strictly liable. This is because lax establish-
ments may attempt perjuriously to demonstrate good faith belief despite will-
ful or reckless violations. Thus, governments have a compelling interest in
establishing strict policies to deter and punish willful or reckless offenders.
BRIBES AND BLACKMAIL
Bribery and blackmail are crimes that seek to manipulate outcomes by us-
ing illegal means. Bribery may involve seducing members of the criminal
justice system to exercise discretion or effectuate policies. Bribes may in-
volve trading favors or money for official action or inaction. Newsworthy ex-
amples call attention to criminal justice members soliciting bribes from
members of the public. Blackmail involves duress. Parties whose reputations
or interests are compromised by threats of reprisal or disclosure are forced
to act or not act in their best interests to avoid repercussions. Members of the
criminal justice system attempt to eliminate these actions and protect individ-
uals and society from these crimes. However, certain members of the crimi-
nal justice system participate in bribery and blackmail. Aggressors may pro-
pose a “trick or treat” paradigm in which victims are encouraged to willingly
pay bribes or are threatened into paying ransoms. This phenomenon is espe-
cially prevalent in corrections and institutional settings. Sexual harassment,
abuse of power, and rape are discussed in Chapter 14. Sometimes members
of the criminal justice system attempt to blackmail others or submit to black-
mail for their own benefit; but sometimes they are victimized. For example,
in one case, offenders plotted to abduct a judge to photograph the judge in
bed with a child; and they intended to use the photos to blackmail the judge
to release two convicted felons from prison (Dolan, 2003). Bribes, coercion,
and blackmail may exist on a spectrum.
Masculinization of authority in criminal justice scenarios has been associ-
ated with traditional gender roles (Cusack, 2013b; Cusack, 2014a). Tradition-
al gender roles validate masculinity and sexual dominance. Sexual domi-
nance may work in tandem with rape supportive attitudes, entitlement, and
Sex and Money 39
controlling attitudes. Controlling attitudes may cause members of the crimi-

nal justice system to perceive outcomes of criminal cases as being flexible to
one’s personal volition. Thus, a few criminal justice members may feel enti-
tled to resolve criminal matters by exercising discretion in exchange for fa-
vors ( Jacksonville Action News, 2009). In California, for example, an officer
distributed his phone number to female motorists after writing speeding tick-
ets; and suggested that they could settle their speeding tickets using elicit
means (PoliceOne.com, 2012). The officer asked the court to dismiss a speed-
ing ticket for a woman from whom he accepted sexual favors. He was sen-
tenced to two years in prison. In some scenarios, officers may conflate illegal
exercise of discretion with legitimate use of authority. In one example, offi-
cers received small bribes and sexual favors from a local brothel (Rashbaum
& O’Donnell, 2006). They collected information from the local brothel that
they used to shut down competing brothels. Officers’ use of criminals as con-
fidential informants in exchange for immunity may be permissible as long as
legal means are employed; however, accepting cash and sexual favors in ex-
change for protection is bribery.
Gendered appropriation of power and sexual dominance may be internal-
ized by police and members of the public. For example, female police offi-
cers may perpetuate sexual subordination of women, which could devalue
their professional authority. Professional authority may also be devalued as a
result of officers’ voluntary participation in crime. Devaluation of their pro-
fessional authority may expose them to sexual harassment and sexual solici-
tation. For example, two police officers were caught on film accepting a bribe
from a male motorist (City Press, 2013). After accepting money from the mo-
torist, a female officer somewhat reluctantly performed oral sex on the mo-
torist; and then left the scene with a male officer.
Traditional justice systems may empower men to use law to enforce gen-
der disparities and sexual dominance. Essentially, the criminal justice system
may be manipulated to blackmail women into submission. Men may rely on
mechanisms of justice to support and enforce gender roles that place blame
on some victims of blackmail. In one example, a Saudi woman was black-
mailed by a man who threatened to tell her family that they were having an
illicit romance (Middle Eastern Quarterly, 2007). He forced her into a car at
knife-point. The couple was abducted by a gang of men who raped her more
than one dozen times. The court sentenced her to 90 lashings for being alone
in a car with a male nonrelative: and she was beaten by her brother. Sextor-
tion may occur in isolated incidents perpetrated by individuals; or it may be
organized. Sextortion has been perpetrated by members of the criminal jus-
tice system; however, that is atypical. The criminal justice system may ex-
pend significant resources to bring organized sextortionists to justice. For ex-
ample, Interpol and police in The Philippines arrested 58 suspects who
tricked victims into exposing themselves online using webcams (Al Jazeera,
2014). The group produced and retained nude images, and then blackmailed
victims. The U.S. Homeland Security Department participated in the opera-
tion, which was not centered or limited to the Philippines. Numerous gov-
ernmental agencies were interested in preventing criminal enterprises from
routinely sexually exploiting people and perpetrating blackmail.
PORNOGRAPHY INDUSTRY
Pornography is a billion dollar business. However, accurate revenue esti-

mates may be unknown because a significant portion of the pornography in-
dustry operates illegally. The face of pornography glorifies contract girls,
who are well-paid, in control, and glamorous. Their productions are legal
and licensed. Yet, a substantial portion of industry revenue is generated by
gonzo pornography, low-budget productions, amateurs, and obscenity. Rev-
enue is likely substantial and at least in the low billions. Obscenity is dis-
cussed in Chapter 2. These productions may be illegal and unregulated. Rev-
enue estimates are merely ballpark figures due to varying definitions of
pornography; sources of pornography; links between free pornography and
online advertisements; and pornography black markets.
Criminal justice literature analyzes economic, social, behavioral, criminal,
and political effects of various kinds of pornography. Analyses have com-
pared male and female roles; racial differences; effects on and portrayal of
different classes; depiction of crime; consensuality; and distinctions between
erotica and hardcore pornography. Analyses developed in some fields sup-
port or rebut analyses in other fields. Dovetailing or dueling analyses impact
how the industry is defined and how revenue is measured. For example, an-
tipornography philosophies suggest that pornographication of women
equates with subordination of women. However, studies have demonstrated
that circulation rates of softcore pornography magazines correlate with gen-
der equality. One study measured circulation rates in each of the 50 states
and used a gender equality index to conclude that gender equality prolifer-
ates in tolerant societies (Baron, 1990).
Distinctions between certain kinds of pornographic depictions may relate
to pornography’s market value. Similar to some antipornography rhetoric
that differentiates between erotica and hardcore pornography, the govern-
ment differentiates between protected speech and obscenity. Obscenity can-
not legally be transported, distributed, transmitted, received, exchanged,
sold, or purchased. A single obscene image may be possessed in private un-
der Georgia v. Stanley (1969); however, courts may continue to interpret the
Sex and Money 41
law to protect private viewing, but not possession, of obscenity. Thus, in

some jurisdictions, people may view obscene images online, but they may
not cache, save, or control images in any way, including expanding thumb-
nails. However, in other jurisdictions, people may download and possess ob-
scenity, but not receive, distribute, or transmit obscenity. Sale of obscenity
may be profitable when access to obscenity is password protected online.
Some websites use mail order catalogs to offer rare, strange, and prurient ma-
terial. However, the government’s restriction on right to privacy and speech
deters some producers, buyers, and distributors. Yet, many pornographers
produce and distribute illegal films abroad. Though their U.S. assets may be
seized and warrants issued for their arrests, resources to extradite indicted
foreigners tend to be reserved for serious crimes, e.g. child pornography pro-
duction, not hardcore pornography distribution. Thus, international obscen-
ity rings and foreign enterprises may capitalize on risk and scarcity associat-
ed with contraband, i.e. obscenity. Obscenity may be more valuable than
pornography. Unlike erotica, which focuses on physical beauty, idealizes
youth, depicts sexual availability, and promotes sexual appetite, obscenity
may depict violence, sadism, masochism, excrement, degradation, humilia-
tion, and other sexual themes traditionally viewed as immoral and harmful
to society (Andrews, 2012; Mercer, 2004). Though erotica may morally of-
fend viewers or psychologically harm viewers who feel sexual inadequacy in
comparison to idealized depictions, erotica is not designed to exhibit sexual
harm or shock viewers’ consciences. Obscenity, by its definition, appeals to
voyeuristic morbid interests. Thus, the economy of pornography is pleasure-
based, whereas the economy of obscenity is prurience-based. The govern-
ment is motivated to continue criminalizing obscenity, which makes obscen-
ity production risky but reliably profitable.
Hardcore pornography continues to generate revenue; yet traditional
pornographic media are dwindling, which affects male performers’ employ-
ment in the industry. Free pornography is abundant; virtual sex and sexting
are somewhat mainstream; magazines have shifted strategies; subcultures,
e.g. gay-for-pay, voyeurism, or point-of-view (P.O.V.), continue to grow; and
casual hookups are more accessible through social media (Stadler, 2013).
Professional pornography productions are downsizing or closing shop as
pornography production hubs in California refuse to follow new laws re-
quiring condom-use during productions (Measure B, 2012; Cusack, 2014b).
Some male pornography performers allege that their First Amendment
speech rights are violated by condom laws; and some performers have re-
fused to perform while wearing condoms. Male performers have always
been less abundant and in demand than female performers; but recently, fe-
males have assumed central roles in pornography production as female pro-
ducers, directors, and performers, who direct male performers (Chagollan,
2013; Cusack, 2014b). However, as the industry transitions away from prior
business models, male performers have not only experienced dwindling
power onset, they also report that employment opportunities may be scarcer
(Musto, 2013). Males who wish to remain employed are being driven to par-
ticipate in dangerous economies. For example, some males who are unwill-
ing to consume high doses of Viagra are less appealing to economy-minded
producers who shoot all day requiring actors to maintain erections for sever-
al hours. Thus, as employment opportunities recede, competition among
performers may increasingly drive them to take risks. Demands placed on
male performers’ sexuality and masculinity seem to increase as successful
male performers are no longer rewarded merely for prowess; they must be
competitive, driven, risky, desirable, fit, virile, creatively subordinated, and
sexually adequate. According to strain theory, which analyzes how people
behave deviously when they fail to cope with perceived inadequacies, male
pornography performers may turn to elicit means of achieving success if de-
mands placed on them exceed their abilities to achieve their goals. For ex-
ample, they may become involved in drug-dealing or self-medicating, pros-
titution, gay-for-pay performances, human trafficking, and hardcore produc-
tions (Bozelka, 2013). Some forms of deviance may be better compensated
by illegal industries.
DUNGEONS
Commercial sadomasochism may likely be illegal. Dungeons may operate

legally under the pretext that they offer fantasies to clients or infliction of
pain; but they may disclaim any sexual services, contact with genitals, or il-
legal erotic contact. All contracts for sex are void; and contracts for sex
amount to prostitution. Thus, disclaimers may successfully circumnavigate
prostitution laws in some jurisdictions. However, most jurisdictions criminal-
ize intentional injury, which may place dungeons squarely within the legisla-
tures’ design to punish harm. Furthermore, some participants in commercial
sadomasochism could be prosecuted under domestic violence and obscenity
statutes (Cusack, 2014b).
“Sadomasochism” may be defined by the public, subcultures, mental
healthcare providers, researchers, and the government using dramatically
different definitions. Subcultural definitions tend to discuss autonomy and
pleasure, while outsiders may focus on illegal harm, and prostitution (Pa,
2001). Insiders may focus their classification of sadomasochistic interests and
behaviors into four functional groups: (1) physical pain involving whipping,
scratching, spanking, slapping, or extreme temperatures; (2) psychological
be temporary or relatively minor to meet the elements of simple battery;

while the elements of aggravated battery may be met by permanent injury,
including scarring or disfigurement. Thus, consent may not be a defense to
battery charges. On rare occasions, society excuses intentional batteries, e.g.
sports. However, battery caused by sadomasochism is not excused. Similar-
ly, harms committed against the public may be prosecuted even when vic-
tims are uninjured. Breach of the peace may be an applicable charge because
sadomasochism harms the community when it is performed in public places,
e.g. sex dungeons.
One reasons that society may not excuse sadomasochistic behavior is that
behavioral scientists, therapists, and other members of the criminal justice
system may argue that evidence shows strong correlations between sado-
masochism and violent crime and sex crime. Diagnostic and Statistical Manual
of Mental Disorders 5th Edition (DSM-V) classifies Sexual Sadism Disorder as
a mental disorder when an individual feels personal distress about participat-
ing in sadomasochism; or when sadomasochistic desires involve causing psy-
chological or physical distress to another person. Thus, unlike other para-
philias, DSM-V encourages little tolerance for sadomasochism. The definition
of “paraphilia” may make sadomasochism a mental disorder per se unlike
other paraphilia involving fetishes. Though therapists attempt to differentiate
between sexual interests, e.g. sexual masochism, and disorders, e.g. sexual
masochism disorder, in forensic contexts illness tends to be easily established
or presupposed.
Prejudicial and stereotypical attitudes toward sadomasochism may relate
to traditional heteronormative biases underlying criminalization; however,
biases towards commercial and noncommercial sadomasochism may be
unique to that subculture (Yost, 2010). Traditionally conservative attitudes i.e.
right-wing authoritarianism; strong attitudes about lesbians and gay men;
sexual conservatism; and rape myth acceptance demonstrated bias toward
sadomasochism. However, researchers have found that those traditional con-
servative attitudes do not exclusively explain prejudice against sado-
masochism. Prior knowledge about sadomasochism may reduce prejudice;
participation in one form of sadomasochism may lower prejudice against
other forms; and knowing people who participate in sadomasochism may
lead people to endorse positive attitudes towards sadomasochism.
Mental health and criminal justice community members may lack educa-
tion about sadomasochism and may lack qualitative analyses about healthy
sadomasochistic practices (Fedoroff, 2008). In general, professionals may
view participants as damaged or being dangerous, but some research fails to
support this stereotype (Richters, 2008). Researchers examined participants’
histories of sexual coercion, sexual difficulties, and psychological illness. Of
19,307 respondents, only 2.2 percent of sexually active men and 1.3 percent
Sex and Money 45
of sexually active women reported experience with sadomasochism. Rates

were higher among lesbian, gay, and bisexual populations. Sadomasochism
correlated with history of sodomy; higher numbers of sex partners in the past
year; use of pornographic media and adult devices; group sex; and anal-
manual sexual activity. Yet, contrary to negative stereotypes, participants
were not likelier to have histories of sexual coercion. They were not more
likely to be unhappy or symptomatic of mental illness, and men reported ex-
periencing less psychological distress than men in the general population.
Some scientific and anecdotal evidence may support theories that sado-
masochism relates to disordered thinking or emotions because it stems from
trauma, early conflicts, mental defects, and physical abnormalities, i.e. bilat-
eral amgdalohippocampal abnormalities (Mueller, 2011). Research has ana-
lyzed genetics; childhood trauma; exposure to abuse; early emotional depri-
vation; race; economic class; sexual identity; crises; personal boundaries;
and cultural contexts (Sheff & Hammers, 2011; Tomassilli et al., 2009). A lim-
ited amount of research has attempted to demonstrate reasons for sexual at-
traction to hellish environments, humiliation, and torture; but substantial
body of research continues to link pornographication of violence with
fetishistic masturbation and perpetration of actual violence not actual sado-
masochism (Cusack, 2014b; Green, 2001).
Evidence demonstrates relationships between perpetration of violence
and aberrant masturbation while viewing hardcore pornography; and some
scholars theorize that people may develop sadomasochistic fantasies and
inklings after watching sadomasochistic pornography. However, sexual cu-
riosities and urges may not correlate with perpetration of violence. Sado-
masochism is a pervasive theme in some gay male pornography (see Figure
3.3) (Mercer, 2004). Fantasies of domination and submission may be depict-
ed in all-male environments, e.g. military barracks, locker rooms, and pris-
ons. Dungeon settings explicitly iconify fetishisation of domination. Re-
searchers have found that, overall, male homosexual pornography tends to
depict violent sex more than heterosexual or transsexual pornography; and
researchers also found that male homosexual pornography tends to depict
nonconsensual sex more often (Cusack & Waranius, 2012). Several studies
demonstrate that homosexual males and homosexual females participate in
sadomasochistic behavior for different reasons; they may not share the same
experiences; and they may encounter different risks (Matthews, 2005; Van et
al., 2004). Thus, further discoveries are necessary about relationships be-
tween depictions of consensual domination, depictions of nonconsensual
domination, sadomasochistic paraphila, risk, and consensual sadomasochis-
tic behavior. Further research about links between pleasure, love, consent,
intimacy, etiology, and sadomasochism is also necessary (Raj, 2010).
Sex and Money 47
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relationship with fatherhood; and in some rare instances, males’ parental

rights may directly relate to a female partner’s motherhood (Denno, 1998).
In civil and criminal contexts, sexual harassment demonstrates a fourth ex-
ample. Law explains that women’s rights may be violated when women re-
ceive negative treatment due to associations with gender, sex, childbirth, and
pregnancy. In these legal contexts, “woman” may be diametrically distin-
guishable from “man,” e.g. biological sex and ability to become pregnant.
Sexual harassment, discussed further in Chapter 15, is a pervasive prob-
lem that may receive more intellectual attention than practical remediation.
Some scholars and researchers suspect that sexual harassment and other sex-
ual violations against males may be severely underreported, perhaps because
masculinity is associated with strength to withstand predation and ability to
defend oneself from subjugation. Men may be indoctrinated by gender roles
that cause them to fear being ridiculed for reporting sexual violations. Fear
and lack of resources may lead to underreporting. Sexual predators may un-
derstand masculine indoctrination and cultural perspectives; and they may
perceive and rely on a somewhat low risk of being reported by male victims.
Even when victims report, heterosexually-oriented violations may be dis-
missed as juvenile behavior; and homosexually-oriented violations may be
considered too taboo to be addressed; too strange to be understood; or too
stereotypical to be taken seriously (Wencelblat, 2004). For many years,
American society promoted the belief that men could not be sexually assault-
ed by women. Men who experienced erections or ejaculations during sexual
assault, perpetrated by males or females, were dismissed as having enjoyed
or consented to sexual contact (Cusack, 2014; Fuchs, 2004). Understandings
have evolved about female-on-male abuse, but traditional masculine gender
roles may result in men internalizing denial of male vulnerability; and con-
straints may correlate with men being unable to recognize when they are vic-
timized by women (Levine, 2006).
Medical determinations of “sex” and correlative genders may or may not
be relevant within the criminal justice system (Greenberg, 1999). For exam-
ple, “legal sex” is often defined by chromosomes, but legal categories delimit
two genders. Science has identified several sex chromosomes variations, i.e.
XXY, XXX, and XO. Potentially, these variations may defy binary legal de-
finitions of “male” and “female,” i.e. XY and XX. Appearance and gender
assigned at birth may determine legal sex. Legal scholars recognize that 1
percent to 4 percent of humans may be intersex; yet, the legal community
disagrees about what weight, if any, that fact should bear on legal sex classi-
fication. Like race, sex chromosomes are an immutable trait even though
they may not correspond to appearance or norms; chromosomes cannot be
impacted or altered by hormone therapy or gender reassignment surgery
(Frye & Meiselman, 2001). Due its constancy and reliability, defining “legal
sex” using immutable traits may foster fairness and even applications of the
Undocumented Immigration 51
profitable when labor costs are lowered because labor costs consume the
bulk of agricultural industry profits. Thus, some proponents of an undocu-
mented labor force argue that rather than undercutting competition, illegally
reduced costs foster competition. Bonded, slave, and undocumented agricul-
tural laborers are estimated to be worth $9 billion annually. Underpaid and
enslaved domestic laborers are valued at $8 billion each year.
More than one million agricultural laborers work each week in the U.S.
(Belser, 2005). The majority are uneducated males who emigrated in their
20s without any support structure, e.g. relatives. In general, foreign-born
men comprise a greater portion of the labor force than domestic-born men;
and men comprise the majority of laborers. In 2013 men comprised almost
58 percent of foreign-born labors; but, men comprised approximately 52
percent of domestic-born laborers (Bureau of Labor Statistics, 2013). More
than half may have entered illegally and lack work visas. They travel illegally
between the U.S. and their home countries between harvest and growing
seasons. Many are vulnerable without command of English language skills,
access to official printed materials, or literacy skills (UNODC, 2012). They
are unlikely to attempt to follow legitimate avenues for obtaining travel and
work authorization.
Migrant workers likely labor in every agricultural industry, including
planting seeds, cultivating crops, and harvesting; and they tend livestock
(Belser, 2005). Food and horticultural sectors rely heavily on migrant labor
throughout the world. Similar to the U.S., the European Union employs doc-
umented and undocumented laborers in their agricultural industries. Ap-
proximately 4.5 million laborers work throughout Europe each year. Many
are from North Africa and poor regions in Central Europe and Eastern Eu-
rope. Insecurity, like poverty, is characteristic of these workers and their em-
ployment conditions in Europe. Foreign-born men are likelier than domes-
tic-born men to labor in construction industries, service industries, and main-
tenance occupations (Bureau of Labor Statistics, 2013).
Undocumented laborers are susceptible to future enslavement, trafficking,
and arrest due to poverty, low education, darker complexions, and being
male (Belser, 2005; Cusack, 2014; UNODC, 2012). These characteristics cor-
relate with higher rates of arrest in general; however, undocumented labor-
ers also face deportation and are powerless. When they are entitled to rights
and due process, they may be unaware of their rights and unable to enforce
their rights. They are frequently subjected to racist, classist, and sexist atti-
tudes in patriarchal systems. In their home countries they are expected to
provide for others. They labor in foreign jurisdictions to send money to their
families in their home countries. Despite their domestic statuses as male
breadwinners and perhaps patriarchs, in foreign jurisdictions they must as-
sume subservient roles. Their economic status, lack of foreign language skills,
undocumented status, occupations, and complexions generally work against

them, and permit foreigners to relegate them to low social statuses. Thus,
their personal identities and masculinities are compromised by obligations
arising through fulfilment of masculine gender roles imposed by traditional
societies in their home countries.
Critics argue that immigrants’ low status is a part of the process of Amer-
icanizing. Historically, immigrants in the U.S. have generally experienced
rejection until they assimilate with mainstream culture. However, in these
cases, many migrants are not relocating and planting roots. Some popula-
tions relocate, but many young men merely work in the U.S. and return to
their families. They remove money from the U.S. economy and fail to devel-
op bonds or commitments to American society that evolve into inculcation
and acceptance. Some immigrants may fail to fully blend into their surround-
ings due to their appearances. For example, Eastern Europeans may be able
to relocate and assimilate into Western Europe after a few generations; learn-
ing the language; adopting local customs; adopting predominant religious
views, and so forth. However, North African immigrants may be less success-
ful at assimilation because of their complexions. Thus, their progeny may be
fully European, but face ostracization or racism. Even when not faced with
racism, failure to blend in may result in lost opportunities or unconscious ex-
clusion by peers due to perceived cultural differences and latent prejudice.
For example, Hispanics comprise almost 48 percent of foreign-born labors;
and Asians comprise approximately 24 percent. Foreign-born weekly
salaries were $643 in 2013 while domestic-born laborers earned $805 each
week for the same work (Bureau of Labor Statistics, 2013). Foreign-born la-
borers may also have higher risk of incarceration and higher risk of sentenc-
ing than people with European skin tones (Cusack, 2014). Arrest, conviction,
stiffer sentencing, and incarceration can correlate with recidivism, stigmati-
zation, lower income, trauma, and other problems that perpetuate outside
status or lower status.
Undocumented laborers may be arrested and subject to removal pro-
ceedings (Vaughan, 2013). In recent years, Immigration and Custom En-
forcement (ICE) has increased encounters with aliens; however, due to pol-
icy changes in the past two years, the total number of aliens facing removal
proceedings has declined. Removal peaked in the year 2000 with 1,864,343
aliens removed from the U.S. In the year 2011, only 715,495 aliens were re-
moved. Between 2012 and 2013, criminal alien arrests decreased 11 percent.
Eighty-two percent of interior removals and 59 percent of border removals
have criminal histories (ICE, 2013a; ICE, 2013b). Criminal aliens may tar-
nish public perception of otherwise law-abiding aliens. Criminals may re-
main after release from incarceration; receive visas because their home coun-
tries refuse to accept deported criminals; or reenter the country illegally af-
ter deportation. Due to their criminal records, and perhaps, illegal status,
they are likely to participate in agricultural labor.
TRANSPORTATION
Human trafficking to the U.S. is not motivated by a single cause (Inter-

American Development Bank, 2006; UNODC, 2012). Humans are mainly
smuggled in the U.S. from Latin America. Many Latin Americans enter ille-
gally by crossing through Mexico into the southern U.S. or by entering into
Florida. Nearly six million may be men. Estimates show that 10 million for-
eign-born immigrants living in the U.S. may be unauthorized (de las Fuentes,
Duffer, & Vasquez, 2013). Approximately one to two million people are traf-
ficked annually, and coyotes earn anywhere $4,000 to $50,000 per client (In-
ter-American Development Bank, 2006; UNODC, 2012). The majority of
immigrants pay guides to transport them across Southwestern U.S. deserts.
Coyotes, i.e. traffickers, transport immigrants from every nation in Latin
America, but many clients originate in Central American nations. Coyotes
will transport unaccompanied minors, people claiming asylum, clients who
pretend to have traveled without guides, families, laborers, and many other
kinds of immigrant travelers. They pay coyotes for protection and passage.
Coyotes understand underground railroads and have better understandings
of border patrol mechanisms. Immigrants may pay a fee up-front, promise to
work as indentured servants in the U.S. or owe a debt. Trafficking routes may
not be fully documented and understood; however, individual coyote’s
movements may be better documented in the near future as tracking tech-
nology continues to evolve (Miller, 2013). For example, technology may cur-
rently be used to track coyotes’ cell phones.
Females may participate in human trafficking at greater rates than other
crimes (UNODC, 2012). However, female participation in trafficking crimes
are not equal throughout the world. For example, females are less likely to
work as traffickers in Africa than in Europe or Asia. Most trafficking victims
are female in South Asia, East Asia, and the Pacific. Only 66 percent of con-
victed traffickers in this region are male. This figure is consistent with analy-
ses of traffickers across 56 countries, which indicate that males account for
two-thirds of traffickers. Some analyses demonstrate that conviction rates
among females and males may be relatively similar. In nations with higher
populations of foreign nationals, foreign nationals are more likely to be con-
victed for trafficking.
East Asian smugglers transported victims into 64 countries in 2012. In
Asian regions, forced labor accounts for 47 percent of trafficking victims,
which is the bulk of victims compared to sexual exploitation victims and do-
mestic servants. Middle Eastern children are exploited for labor at higher
rates than other forms of exploitation. Half of children smuggled were forced
into labor. Some are sold, traded, abandoned, or homeless. More than one-
third are sexually exploited, and approximately 14 percent are used ritualis-
tically, enslaved as child soldiers, and forced into other roles. One research
report indicated that 35 percent of East Asians trafficking victims were trans-
ported to the Middle East. Twenty percent of victims transported to the Mid-
dle East originated in sub-Saharan Africa. West African victims are frequent-
ly trafficked to Europe; and East Africans are often transported to the Middle
East.
Men are less likely than children or women to be trafficked; however, be-
tween 2007 and 2010 more than 4,500 men were detected as victims of hu-
man traffic (UNODC, 2012). Detected victims likely represent a fraction of
total victims. For the past ten years, adult men have been estimated to con-
stitute 15 percent of trafficking victims. Adult males may be trafficked at
higher rates in Europe, Central Asia, and the Western Hemisphere. The sta-
tus of adult men in the Middle East as sons and patriarchs may contribute to
lower numbers of human trafficking among adult males. Many female vic-
tims voluntarily enter into trafficking to move across international borders
(UNODC, 2012). Some escape their cultures and political systems, but oth-
ers seek employment and improved quality of life. They may become bond-
ed laborers after entering a foreign country.
RUNAWAYS
Some reports estimate that approximately 47,000 children were appre-

hended crossing the Southwest border in 2013 (Preston, 2014). Last year,
31,420 unaccompanied male minors were apprehended at the border and
more were apprehended in the interior (Hennessy-Fiske, 2014). Only 13,008
female minors were apprehended last year. This year, apprehension of mi-
nor females increased by 77 percent while apprehension of males only in-
creased by 8 percent. Apprehension of girls younger than 12 years old in-
creased by 140 percent over the past year; apprehension doubled for boys in
the same age group. Differences may be attributable to the reasons that chil-
dren flee. Male children may flee at higher rates due to pressures to work and
provide for their families. They may have exercised greater independence
when parents were abusive or neglectful. Latin American male minors may
suffer abandonment at greater rates in their home countries. Generalized vi-
olence and gang wars may intimidate and threaten children. Last year, un-
accompanied minors were likelier to have originated in Honduras, which has

suffered from increased rates of domestic terrorism and gang violence. Fe-
male minors are increasingly traveling from Guatemala and El Salvador.
Young Latin American females may be trafficked at increased rates due to in-
creased willingness to participate in bonded labor and sexual exploitation in
exchange for passage across the desert. Risky behavior may have generally
increased among young female populations, as well. Unaccompanied minor
females apprehended in the U.S. may also work in the trafficking industry.
Children crossing the border with parents, i.e. the 1.5 generation, enter at
lower rates than unaccompanied minor males (Hennessy-Fiske, 2014; Psy-
chology & Psychiatry Journal, 2013). Though rates tripled this year, only 8,479
accompanied minors crossed the border last year (Hennessy-Fiske, 2014).
The majority of accompanied minors, 81 percent, were younger than 12
years old; however, only 16 percent of unaccompanied minors were younger
than 12 years old. When undocumented children are discovered, U.S. Im-
migration and Custom Enforcement (ICE) may place them in state custody
while they await removal. Intake processes may reveal that children who wit-
nessed gang violence or terrorism have grounds to seek political asylum.
Children may also disclose domestic violence, abandonment, or neglect per-
petrated by guardians in their home countries. Children may be assigned
Guardians Ad Litem and legal representation. Members of the court may ex-
ercise due diligence to locate minors’ parents by searching federal, state, and
local databases; requesting information about parents’ whereabouts through
Freedom of Information Act (FOIA) from appropriate agencies; and at-
tempting to locate minors’ parents in their hometowns. If parents are located,
then they may be asked to voluntarily terminate their rights. Due process re-
quires parents to be notified of hearings to terminate parental rights, but if
parents cannot be located, or if they do not appear before the court, then
their rights will be terminated. Some parents in immigration detention may
be unable to attend hearings; thus their rights could be terminated despite
their desire and willingness to act in the best interest of their children (de las
Fuentes, Duffer, & Vasquez, 2013). In some cases, children may run away af-
ter entering with their parents (Xu & Brabeck, 2012). Apprehended children
may fail to disclose to the state that they entered with their parents so that
they can become emancipated; and undocumented parents may be too
afraid to access services to locate their children because of the threat of de-
portation. Parents who fail to attend termination proceedings are likely to
lose their parental rights. Once parental rights are terminated children often
become dependents of the state. As dependents of the state, federal immi-
gration removal proceedings may be terminated; and children’s statuses may
be adjusted. Though they live in state custody, they may age-out of state cus-
tody at 16 years old; they may live with documented relatives; or they may
be adopted by documented relatives. Until they turn 18 years old they may
continue to be supervised by the state, e.g. social workers. These legal
processes and other federal and state processes have been criticized for pro-
moting children’s rights above parental rights or family well-being and
preservation (Mahatmya & Gring-Pemble, 2014).
Unaccompanied minors may be less competitive than other immigrants in
the U.S. (Crosnoe & Lopez Turley, 2011). Runaway children from Latin
America may potentially be less likely to succeed than undocumented ac-
companied minors and minors from Asia and Africa. Immigrant youth from
Asia and Africa tend to come from families who are relatively wealthy in
their home countries. Asian and African immigrants may have had English
language education; and minors from these regions often out-perform do-
mestic-born peers in U.S. schools. Thus, despite lower economic status in the
U.S., some accompanied minors may exhibit advantages, i.e. immigrant
paradox. However, unaccompanied Latin American minors may lack family
support, English language skills, community ties, and other contextual an-
chors central to achieving success. Without these anchors, unaccompanied
minors are at increased risk for failure, poverty, arrest, trafficking, exploita-
tion, deportation, and other traumatic experiences.
CONCLUSION
Patterns of human trafficking vary throughout the world. Some undocu-

mented immigrants are poor and powerless. They may have been kidnapped
and will be abused. However, others are relatively affluent in their home
countries and move through the stream of human traffic in search of pros-
perity and stability; or to evade violence in their home countries. Traffickers
are likelier to be male, but women disproportionately participate in traffick-
ing. Women are more likely to be victims of human trafficking than children
or men; and they are likelier to be victims of sex trafficking. However, adult
and minor males are likelier to travel alone from Latin America and work as
bonded laborers; they are especially prevalent in agriculture industries.
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ficking in Persons 2012. United Nations. Retrieved from http://www.
unodc.org/documents/data-and-analysis/glotip/Trafficking_in_Persons_2012_
web.pdf trafficking statistics for forced labor by country
Xu, Q., & Brabeck, K. (2012). Service utilization for Latino children in mixed-status
families. Social Work Research, 36(3), 209-221.
Chapter 5
TRANSPORTATION SECURITY
ADMINISTRATION (TSA)
INTRODUCTION
T ransportation Security Administration (TSA) protocol for full body scans

and pat-downs has required millions of passengers to expose their penis-
es and to be touched by Transportation Security Officers (TSO). The proce-
dures have been alleged to violate constitutionally protected privacy. The
TSO have humiliated people who pass through security checkpoints due to
the sizes of their genitals, use of prostheses, and other anomalies with their
private areas. Most alleged abuses have been ignored by overseeing agencies
or have been described as adhering to protocol.
PROSTHETIC PENISES
Transportation Security Administration (TSA) encounters adult objects,

e.g. dildos and vibrators. TSA policies do not prohibit any penis-like adult
objects to be transported in carry-on bags or checked baggage (Stoeffel,
2013). These items are considered personal items that can be transported on
an aircraft unless the items are designed in a manner that poses a threat to
safety. Battery operation and vibration do not pose threats. Some devices are
designed with airplane modes so that they can be locked in an off position
during security checks and flight. TSA recommends that devices without air-
plane mode should be disabled. Passengers are encouraged to remove de-
vices’ batteries to avoid the possibility that their bags will vibrate and raise
suspicions. Adult objects may be designed using spikes, metal studs, or oth-
er features that could alarm and result in TSA requiring objects to be
58
Transportation Security Administration (TSA) 59
checked below the plane. Adult objects may not be so large or rigid that TSA
considers the objects to be clubs. Clubs are typically not permitted in carry-
on luggage. For example, a 2-pound, 11-inch, stainless steel phallus may
alarm at checkpoints (Rubenstein, 2011). TSA also encounters transgender
males’ realistic prosthetic penises inside luggage. TSA’s website addresses
prostheses in a special page entitled “Transgender Travelers” (TSA, 2012).
TSA warns that travelers may be asked to be screened in a private area if a
bag alarms while a passenger attempts to transport prostheses in carry-on
luggage.
Transgender people have been singled-out for heightened searches be-
cause TSA protocol classifies people as either male or female (Bohling, 2014).
Full body scanner screens display pink and blue buttons, which are selected
by TSA officers to correspond to passengers’ presented genders. Algorithms
detect anomalies based on gender norms. Anomalies, e.g. penis prosthesis
worn through a scanner, are potential threats requiring pat-downs and
searches. In one incident, a transgender man was asked to remove a pros-
thetic penis that he was wearing. TSA scanned his penis, which he viewed as
a medically necessary prosthetic device. One study found that among trans-
gender men, respondents who used erection prosthesis were significantly
more likely than other transgender men to have vitality and healthy energy
(Motmans, Meier, Ponnet, & T’Sjoen, 2012). Prostheses users were less likely
to experience emotional limitations more commonly experienced among
nonprostheses users. Transportation Security Officers’ (TSOs’) suspicions
about prostheses could emotionally disturb passengers. Those who choose
not to wear them to avoid suspicion may demonstrate negative emotions that
alarm TSOs. Those who are singled-out for wearing them, may also feel dis-
turbed and demonstrate significant changes in mood that alarm TSOs.
TSA’s “Transgender Travelers” webpage explains that prostheses worn
through security checkpoints may alarm or appear anomalous to TSOs using
Advanced Imaging Technology (AIT) (TSA, 2012). The AIT is a full-body
scanner that uses generic human images to screen hidden objects. If objects
are detected under a passenger’s clothing, then pat-downs may be required;
but TSA specifies that neither prostheses nor clothing will not be removed
or rearranged in any manner (TSA, 2013). Behavior detection officers at-
tempt to analytically and observationally screen travelers exhibiting threat-
ening behaviors. TSA recommends that to avoid being flagged, transgender
travelers should book flights under their legal names and present govern-
ment-issued identification. Passengers’ legal documents may inform TSO
about passengers’ legal genders, not presented genders. However, transgen-
der people who have government issued identification matching their gen-
der presentation may be outed, or further raise TSA suspicion when scanned
due to anomalous genitals or devices under their clothing (Greenberg, 2012;
National Center for Transgender Equality, 2010). Protocol requires TSOs to

ask for identification prior to checkpoints. Thus, TSO are trained not to ask
for any documentation during baggage checks and full body scans. However,
gender presentation may pose problems when transgender passengers are
not “passing” as the opposite gender. This means that although transgender
passengers may identify as male or female, TSOs view them as their biolog-
ical genders due to their appearances. Transgender passengers may request
that an officer of the same gender-presentation perform a pat-down (TSA,
2012). Yet, many passengers have been subjected to searches by a TSO of the
same biological gender, not passengers’ presented genders (Bohling, 2014).
TSA full body scan and pat-down procedures are supposed to accommodate
passengers’ privacy by requiring females to monitor total body scanners
when female passengers pass through, and perform pat-downs; and allow
male officers to monitor and pat-down male passengers. However, this could
result in privacy invasions and outing with transgender people (Keisling,
2006). TSOs may unnecessarily flag, harass, or pat-down transgender people
to satisfy curiosity or to humiliate transgender passengers. Furthermore, TSA
policies require officers to be paired with passengers of the same gender;
however, TSOs may be transgender, intersex, or sexually distinguishable
from travelers (Huffington Post, 2012; Solomon, 2008). Disclosure of TSOs’ bi-
ological sexes may not be required if they are postoperative or have had le-
gal sex changes.
Transgender travelers may engage a few options to protect their privacy
(TSA, 2012). They may notify TSA about their gender identity issues and
needs in advance of flights; and they may choose to be privately screened in
the presence of a known witness. If travelers feel that policies violate their
civil rights or right to privacy, e.g. TSO’s request to remove a prosthetic pe-
nis, then a supervisor may be requested at a checkpoint. The TSA’s Office of
Civil Rights and Liberties, Ombudsman and Traveler Engagement may be
contacted; or Department of Homeland Security (DHS) Office for Civil
Rights and Civil Liberties may be contacted to file a complaint.
SEARCHES
The Transportation Security Administration (TSA) is currently using more

accommodating screening procedures, but in the past their methods were
highly invasive. TSA protocol has subjected passengers to invasive question-
ing about their genitalia and to full body scans. Full body scanners that were
equivalent to strip searches have been phased out because of national back-
lash. The full body scanners are capable of detecting penile implants, penis
size, catheter tubes, and other intimate details (Solomon, 2008). Previous
Transportation Security Administration (TSA) 61
technology imaged the entire person and only blurred human faces using a
privacy algorithm; but new technology uses generic human images to per-
form full searches using body scanners (Deal, 2011).
Excessively invasive search procedures threaten privacy in unique ways.
For example, TSA procedures provoked uncomfortable situations in which
individual Transgender Security Officers (TSOs) confronted people about
their penis sizes. In one example, a TSO walked through a checkpoint using
Advanced Imaging Technology (AIT); and the scanner imaged his nude
body (The Smoking Gun, 2011). After his nude body was imaged, his col-
leagues mocked him for having what they alleged to be a small penis. Other
TSOs mocked him relentlessly, even in front of travelers, until the officer at-
tacked one of the tormentors with a police baton. He was charged with
felony battery; however, the charges were dismissed through a pretrial diver-
sion program that required 50 hours of community service and a small char-
itable donation. TSA receives thousands of complaints annually about pas-
sengers being groped, poked, hit in groins with wands and hands, and other
offenses. In one case, a man who holds the world’s record for the largest pe-
nis was subjected to additional screening because TSOs were suspicious of
the bulge in his pants ( Jonah Falcon, 2013). His flaccid penis, which mea-
sures 9 inches, was suspected of being an object, a growth, and other abnor-
malities. He was forced to explain to TSOs that they were observing his pe-
nis and not foreign objects. TSOs did not pat-down his penis.
TSOs are authorized to perform groin searches and palpate objects. New
scanners detect bulges even though they no longer use imaging software so
detailed that it is capable of imaging sweat on someone’s groin (Reed, 2003).
Bulges are highlighted on a generic human model and passengers are select-
ed for pat-downs (Satterberg, 2012). If their groins alarm once, then passen-
gers are directed to submit to a pat-down; and they may not walk through
the machine to test the veracity or consistency of the image. Passengers are
removed to private areas to receive groin searches. They may bring a com-
panion to witness the search. During a groin search TSOs run their hands up
each of the passenger’s leg until an officer feels resistance, i.e. groin. TSOs
previously used the backs of their hands, but now use the fronts. TSOs then
swipe their hands across the fronts of passengers’ groins several times. This
procedure sparked the famous anti-TSA slogan, “Don’t touch my junk,” first
spontaneously uttered by John Tyner while receiving an enhanced pat-down
(Huffington Post, 2012). Pat-down protocols regarding which side of the hand
should be used are subject to change.
Individual officers have severely mishandled searches. A 61-year-old man
was searched aggressively, which caused his urostomy bag to break dousing
him with urine (Luna, 2012). He was forced to board his flight without a
change of clothes. Others have been forced to remove adult diapers or have
been called-out in front of other passengers for wearing adult diapers (Huff-
ington Post, 2012). Most of the time, TSOs do not change gloves after searches
unless requested to do so (Trowbridge, 2010). TSA has flagged or humiliated
individuals wearing nontraditional undergarments or additional cloth inside
their undergarments. They have allegedly asked medical patients to lift or re-
move bandages (Huffington Post, 2012). TSA has administered pat-downs and
enhanced pat-downs to infants and children. These sorts of abuses have led
some passengers to protest, e.g. walk through TSA scanners wearing only
their underwear; and in other cases, passengers have filed suit. Many law
suits have been unsuccessful. In Durso v. Napolitano (2011), three passengers
sued claiming that TSA violated their for Fourth Amendment rights to be
free from unreasonable searches. Chris Daniels alleged that TSA performed
an enhanced pat-down search during which a TSO aggressively and inva-
sively groped in his genitals. Daniels claimed that a childhood injury was ag-
gravated by the search. A child was also represented in the suit. The minor
was subjected to a search without the minor’s parents being informed. All
three plaintiffs’ complaints were dismissed.
Despite all of the complaints filed with various administrations, lawsuits,
and complaints directly made to TSOs, it is likely that most TSOs would pre-
fer to avoid contact with passengers’ genitals (Boarding Area, 2010). One
blog attempting to present a balanced perspective quoted several TSO. One
TSO said, “It is not comfortable to come to work knowing full well that my
hands will be feeling another man’s private parts, their butt, their inner
thigh” (Boarding Area, 2010). Another said, “I just want to tell these people
that I feel disgusted feeling other peoples’ private parts, but I cannot because
I am a professional” (Boarding Area, 2010). A third TSO reportedly said “I
was asked by some guy if I got excited touching scrotums at the airport and
if it gave me a power thrill. I felt like vomiting when he asked that. This is
not a turn-on for me . . . it is in fact a huge turn-off. There is a big difference
between how I pat passengers down and a molester molesting people”
(Boarding Area, 2010). A fourth TSO added “I am a professional doing my
job, whether I agree with this current policy or not, I am doing my job. I do
not want to be here all day touching penises” (Boarding Area, 2010). Despite
their strong feelings against TSA protocols requiring TSOs to pat-down and
view genitals, these protocols will likely continue into the foreseeable future.
CONCLUSION
Penises may be visible to Transportation Security Administration (TSA)

and may be touched by officers. Thousands of passengers have complained
However, equal protection is generally used as grounds to strike sex-based

laws; and in that context, transgender may be classified with lesbian, gay, bi-
sexual individuals, i.e. LGBT, which does not merit heightened scrutiny. Un-
der federal law, employers cannot discriminate against transpersons under
gender identity discrimination provisions; and employers cannot discrimi-
nate against homosexuals using sexual stereotypes. Nevertheless, these pro-
tections do not reach public schools even though several academic environ-
ments have begun to enforce equal protection for transgender students based
on state-level legislation and case law (Sharp, 2014).
PATRIARCHY
Patriarchy is a sociopolitical system or tradition in which power is held by

and reserved for wealthier White males. In patriarchal systems, men are
above women, and White people are above all other people. Wealth is at the
pinnacle of all brackets of gender and race. Non-White cultures may be pa-
triarchal. In these cultures, whiteness may be highly valued; or other racial
classifications may define hierarchies of power and privilege. Contemporary
American definitions of masculinity, aggression, and violence may relate to
traditional British culture, which may be described as patriarchal. Feminist
and socialist theories of patriarchy propose that definitions of “masculinity”
and power are designed to maintain power regimes. Thus, governments are
frequently alleged to institutionalize patriarchal values.
Historical links to England may likely have led to patriarchal governmen-
tal foundations in the U.S. Male American colonists may have used privi-
leges granted to them through the law of coverture (Kann, 1999). This prin-
ciple permitted men to take full responsibility for their wives. Males may
possibly have treated wives as partners, or as subordinates. Founding fathers
may have capitalized on social privileges. For example, George Washington
believed that soldiering ought to remain exclusively male (see Figure 1.1).
Yet, much of George Washington’s wealth came from his wife, Martha Wash-
ington. He may have used her wealth to fund revolutionary efforts. Critics
claim that Washington and other founding fathers, hypocritically promoted
equality while espousing patriarchal or misogynistic beliefs. Founders prop-
agated beliefs that women relied on men for support; thus, they were not
equal or entitled to political equality. Womens’ passions may have been al-
leged to threaten governmental stability; and women may possibly have
been perceived as being naturally well-suited for domesticity. Males’ politi-
cal interests were believed to speak for wives’ interests. Thus, men may have
acted as representatives of their homes. Some founders may have perceived
Satterberg, W. (2012). Tale from the interior: All the way with TSA. Alaska Bar Rag,
36, 24.
Solomon, J. (2008). Comment: Does the TSA have stage fright? Then why are they
picturing you naked? The Journal of Air Law and Commerce, 73, 643–671.
Stoeffel, K. (2013, May 5). Report of TSA’s 7-inch limit for sex toys is greatly exag-
gerated. New York Magazine. Retrieved from http://nymag.com/thecut/2013/03/
report-of-tsa-sex-toy-limit-greatly-exaggerated.html
Transportation Security Administration (TSA). (2012, December 6). Transgender
Travelers. Retrieved from http://www.tsa.gov/traveler-information/transgender-
travelers
Transportation Security Administration (TSA). (2013, February 21). Pat-Downs. Re-
trieved from http://www.tsa.gov/traveler-information/pat-downs
Trowbridge, L. (2010, November 27). Doctors warn TSA gloves can spread viruses
from infected passengers. Retrieved from
http://digitaljournal.com/article/300769#ixzz33P1Uqqqy
Chapter 6
FEMALE-ON-MALE DOMESTIC VIOLENCE
INTRODUCTION
A mong current and former intimate partners in 2010, 110 husbands were
murdered by wives; 603 wives were murdered by husbands; 131
boyfriends were murdered by girlfriends; and 492 girlfriends were murdered
by boyfriends (FBI, 2010). Most murders were incident to arguments be-
tween sober parties; and the majority of lethal arguments were not about ro-
mance or finances. Though female intimate partners are more likely to be
murdered by male intimate partners, women tend to use predictable meth-
ods to murder. Often, women poison intimate partners, hire hit men, or com-
mit homicide-suicide. Some women have committed domestic violence
through relatively shocking and novel means, e.g. traumatic amputation re-
sulting in a male’s penis being severed. However, shocking methods tend to
relate to traditional reasons for harming or killing. Some female victims of
domestic violence may believe that harming or killing their husbands is the
only option for ending cycles of violence. Women who routinely suffer ex-
tremely violent abuse may be likelier to attack males who are sleeping or in-
toxicated.
SEVERED PENIS
Penile amputation is a rare injury that is typically sustained by men who

have psychiatric problems, and especially, by men who self-harm (see Figure
6.1) (Kochakarn, 2000; Jezior, Brady, & Schlossberg, 2001). In one sample,
87 percent of men who had experienced penile amputation suffered from
psychiatric problems (Kochakarn, 2000). Among these, 51 percent suffered
from decompensated schizophrenia; some felt that they were inadequate
males and experienced low gender identity. Western males are more likely
65
Figure 6.1. Patient with psychiatric history self-inflicted traumatic amputation

(Krishnakumar, 2013).
to self-molest and amputate while experiencing acute psychosis than they are
to be attacked by female partners. However, people with psychiatric prob-
lems are more likely to be victimized by others; and mental illness could
contribute to participation in cycles of violence. A few victims in Western na-
tions have been assailed by same-sex intimate partners (Kochakarn, 2000;
State v. Rogers, 2008).
Sometimes, severed penises can be reattached and mutilated penises can
be repaired (Miles, 2012). Penile reimplantation may be possible 16 hours to
24 hours after amputation if a severed penis is at hypothermia (Kochakarn,
2000; Jezior, Brady, & Schlossberg, 2001). Children have experienced high
success rates for reattachment, but gender reassignment is also possible in
some cases. Some victims lose their penises; and they must undergo treat-
ment to urinate without penises. Even if a severed penis cannot be recov-
ered, a new penis may be formed from a victim’s bone and tissue. In one
case, a male offender burglarized a home occupied by his estranged wife and
her lover (Jewell v. State, 1996). The offender used a board to beat the lover’s
head until the lover became unconscious. During the attack, the offender’s
estranged wife awoke, but returned to sleep because she thought that she was
this as flawed reasoning that threatened revolutionary aims and democracy.

As the United States became a nation, young people may have experienced
more freedom to choose partners to marry. Alternative models of woman-
hood emerged in which women participated in politics, served as deputy
husbands, mediated community disputes, and thrived in university life.
These alternative models were distinguishable from traditional British patri-
archy; and they may have stemmed from revolutionary attitudes. Revolu-
tionary rhetoric about equality may have fueled women to assert their de facto
rights and oppose tyrannical attitudes of gender-entitlement. During the
1800s before independence, colonial women were political. They participat-
ed in boycotts and demonstrations. Then they joined the war efforts by de-
fending property, cleaning, cooking, nursing, and fulfilling in other tradition-
al roles. However, some fought in combat. Proponents of gender equality ar-
gued against traditional sexist arguments by claiming that education tem-
pered female passion and patriotism demonstrated women’s commitment to
public order. Throughout U.S. history, state and federal governments have
continued to debate the extent of male authority. Some of the issues affecting
women’s equal status that have been decided on constitutional grounds in-
clude voting, employment, hiring practices, sexual harassment, birth control,
and sexual assault. To some extent, stare decisis has eroded legislative author-
ity to institutionalize patriarchal traditions, attitudes, or philosophies.
Fig. 1.1. George Washington traditionally depicted wearing a phallic hairdo.

Victimization of males in Vietnam, China, Lebanon, and other Asian na-

tions has been reported (The World Post, 2011; Edwards, 2012; Griffiths, 2014).
These practices may threaten men living in the U.S. when offenders are in-
fluenced by Asian culture (Maugh, 2011). If women feel that tradition or gen-
der norms have been violated, and they have little recourse, they may take
justice into their own hands. However, criminological explanations should
not be used to rationalize offenders’ motives through victim-blaming. Vic-
tims should never be blamed; and in some cases, victims have been accused
or did not violate gender norms (Schwart, 2013).
Penis mutilation and amputation are forms of domestic violence perpetu-
ated by female European Americans offenders on male European Ameri-
cans victims. Sometimes, attacks conform to modus operandi found in Asia.
Retribution is one common motive. For example, in the U.S. one woman cut
her daughter’s boyfriend’s penis with a fork and a box cutter because after
she smoked marijuana she became paranoid that the victim molested her
toddler (Park, 2014). The offender was charged with battery using a deadly
weapon. Two people helped her trap her daughter’s boyfriend so that she
could mutilate him; thus, police charged her with criminal confinement us-
ing a deadly weapon. While these facts are not typical of penile amputation
in Thailand, cases across Asia involve similar facts relating to group domestic
violence. Despite differences between incidence among Asians and U.S. cas-
es, this case is somewhat consistent with the majority of domestic violence
cases because the offender stated that she wanted to memorialize her rage
and punish the victim sexually. Many cases involve circumstances in which
an offender wants to punish a victim and permanently alter a victim’s life.
Often, female offenders combine traumatic amputation with other typical
forms of gendered domestic violence, e.g. harming men while they sleep, sui-
cide-homicide, poisoning men, and involuntarily intoxicating men. For ex-
ample, a woman in Vietnam defended charges by alleging that her husband
slapped her and threatened to leave her after she accused him of philander-
ing (Sydney Morning Herald, 2003). She severed his penis while he slept, but
drove him to the hospital because he was bleeding badly. Attacking him in
his sleep may have indicated cyclical intimate partner violence. The court
suspended her 20-month sentence because they found that she showed re-
morse by driving him to the hospital and because she was seven months
pregnant. Remorse is another indicator of cyclical violence because abusers
experience remorse and loving feelings following violent events (Walker,
2009). In cyclical violence, tension builds, violence erupts, and violent events
are followed by contrition. Sometimes, evidence of gendered violence will
mitigate sentences if the violence resulted, in part, from cycles of abuse per-
petrated by the victim upon the offender. However, charges can still be very
serious. For example, a U.S. woman involuntarily intoxicated her husband
Female-On-Male Domestic Violence 69
with sleeping medication; and then tied his limbs to their bed (Martinez,
2013). Poison and involuntary intoxication are classic modus operandi used by
women to kill or overpower males. When he woke, she traumatically ampu-
tated her husband’s penis and mutilated his severed penis in a garbage dis-
posal. Like the offender in Vietnam, the U.S. offender called for medical at-
tention; however, but she was given a life sentence, which carried a possibil-
ity of parole after seven years confinement. In addition to jurisdictional dif-
ferences, one reason that sentencing may have been more severe in this case,
is that the victim was permitted to read a victim impact statement during sen-
tencing. The victim said,
The convicted [offender] viciously deprived me of part of my life and identity

. . . as is routine in cases of violence that involve something sexual, the victim
must endure, at the hands of the defense, a second attack. . . . She has torn off
my identity as a man. She has caused doubt in my belief in good. She has be-
trayed my trust in people. (Martinez, 2013)
The offender was convicted of felony torture and felony aggravated mayhem
(Martinez, 2013). Rather than mitigation, this offender received an enhanced
sentence for using a knife. This case could reflect cultural differences in per-
ceptions about traumatic amputation as well as the value of seeking medical
care for one’s victim. It may also respond to systemic fear that lenient re-
sponses to amputation could fail to deter future incidents.
Lorena Bobbitt amputated her husband’s penis while he slept in 1993. She
also threw his penis from a moving vehicle. The victim’s penis was reat-
tached. Since then, the number of incidents in the U.S. has escalated. Lorena
Bobbitt claimed that she had been raped and abused by the victim, John
Wayne Bobbitt. The defendant was found not guilty by reason of insanity.
However, John Wayne Bobbitt was also acquitted of charges of sexual abuse
against Lorena Bobbitt. Lorena Bobbitt polarized U.S. society. Some viewed
her as a battered woman or a self-efficacious vigilante (Walker, 2009). Vigi-
lantism is discussed in Chapter 20. Others viewed her actions as abominable
and unjustified under any circumstances. Lorena Bobbitt’s immigrant back-
ground, class, and ethnicity may have contributed to her image as unrelat-
able and evil (Speziale, 1994).
Like Bobbitt’s case, in another U.S. case, an offender attempted to defend
by making gendered accusations of abuse against the victim (Milenko, 2010).
First, the victim refused to have sex with his ex-girlfriend. Then, his ex-girl-
friend stabbed his penis causing him to require several stitches. During the
attack, the offender told the victim that she was going to commit homicide-
suicide. Like the Bobbitts’ case, the offender in this case claimed that the vic-
tim attempted to rape her, but the victim was cleared of any wrongdoing.
The offender pleaded guilty to aggravated wounding, possession of a

weapon, and a charge related to lying about attempted rape. She was sen-
tenced to 3.5 years in jail. This case demonstrates some complex, yet pre-
dictable patterns present in gendered violence.
POISON
Murder by poison is a passive aggressive crime. When females use poison

to commit murder, victims are usually husbands; but poisoning may be per-
petrated against other males. Defendants have attempted to argue that the
passive nature of the crime does not meet statutory definitions of murder that
require force (Vargas-Sarmiento v. U.S., 2006). However, the act of poisoning
food demonstrates the requisite level of force to satisfy the elements because
the offender intends for her intimate partner to ingest the poison and die
from poisoning. Her intentions are formulated before and at the time that she
poisons his food. Physical force is deliberately exerted while she is poisoning
the food. She intends and allows the poison to asphyxiate and physically de-
stroy a victim’s body. The poison acts as her agent to exert physical force.
Like other crimes, poisoning may relate to mental illness. Some defen-
dants have suffered from paranoia, hallucinations, or delusions that caused
them to commit murder. Threats to poison or fear of poisoning commonly
arise in highly abusive relationships in which parties participate in cycles of
abuse (Holcombe v. Whitaker, 1975; Walker, 2009). Parties who suffer from
mental illness may have unfounded beliefs that others are attempting to poi-
son them (Dowdell v. Chapman, 1996; Vaughan v. Harrellson, 1994).
Threats and poisoning are frequently gendered crimes, but they are nei-
ther exclusively perpetrated by women against men nor are they unidirec-
tional in some abusive relationships (Dyke v. Dyke, 1954). Husbands also poi-
son wives and children. When children are subjected to threats or attempts,
or they witness threats, attempts, cycles of abuse, or murder, they become
exponentially more likely to commit domestic violence or participate in
delinquency and criminal activity (Johnson v. Chappelle, 2012; Walker, 2009).
Generally, any family members, including in-laws, parents, grandparents,
wives, and children may be poisoned for spite, money, or other motives (Al-
banese v. McGinnis, 1993; Pearce v. State, 1933). In many cases, offenders poi-
son husbands because they are seeking life insurance payouts. Though this is
a prevalent motive in the U.S., it may be more common in other countries.
For example, anecdotal evidence shows that it may be relatively common in
Iran for wives to poison husbands to receive insurance money (Nazeri v. Long,
2012).
Offenders may use rat poison, drugs, poisonous plants and berries, an-
tifreeze, strychnine and other chemicals to poison victims (Basden v. Lee,
2002; Brunson v. State, 1899). In one case, a woman in Brazil allegedly laced
her vagina with poison and asked her husband for cunnilingus (The Week,
2013). Media outlets dubbed it “cunning cunnilingus” (The Week, 2013). The
intended victim noticed an odor and feared his wife was ill, so he brought
her to a hospital where it was discovered that she used enough poison to
murder the victim and accidentally kill herself. Neither party was injured. A
wife in Arizona attempted to poison her husband’s intravenous (IV) drip
with feces while he was connected to the drip in a hospital (New York Post,
2014). The offender used a syringe to poison the IV, but a nurse intervened
before the intended victim was harmed. Consistent with other gendered
crimes, offenders may combine several common modus operandi in a single
crime. For example, wives who poison husbands commonly solicit assistance
from others to administer or serve poisoned food or beverages (Brunson v.
State, 1899). Most typically, males are recruited to assist wives. Offending
wives may be related to or romantically involved with at least one of the par-
ties solicited for help. Offenders allegedly seek help because they believe
that indirect involvement will exculpate them from crimes or misdirect po-
lice investigations.
Offenders may attempt to defend by claiming that they intended to harm,
but not kill the victim, who was murdered. In one case, a wife claimed that
she only intended to poison her husband to make him ill, but evidence
showed that she had killed four other victims, including a former husband
and her mother using arsenic poison (Barfield v. Harris, 1983). She admitted
to poisoning three prior victims, but denied killing her former husband.
Thus, this traditional modus operandi was established and her defense failed.
SLEEP
Perfect self-defense is complete self-defense (State v. Marr, 2001). A defen-

dant will be acquitted of murder if her actions met three conditions. First, she
had an actual and reasonable belief that she was in apparently imminent or
immediate danger that would result in serious bodily harm or death. Second,
she did not provoke conflict or aggress. Third, the force used was necessary
and not excessive under exigent circumstances. The elements of imperfect or
partial self-defense are identical to the elements of perfect self-defense, ex-
cept that a defendant’s belief can be subjective. A nonobjective belief may
be unreasonable, but if it is honest then the defendant may be convicted of
manslaughter, but not murder. An honest, subjective belief of serious and im-
minent harm defends against accusations of malice, which is an element of

murder. If the state fails to prove every element of murder, then the defen-
dant may not be convicted of murder; however, killing the victim is not ex-
cused. Unjustified killing results in manslaughter conviction.
Expert witnesses explain that defendants who claim perfect or imperfect
self-defense suffer from battered spouse syndrome (Walker, 2009). Originally
called battered woman syndrome, this disorder is a subset of post-traumatic
stress disorder. Spouses and partners who routinely suffer abuse may become
traumatized and terrified. Cycles of abuse may cycle at different rates for vic-
tims, but cycles typically first include an abusive event, then contrition, and
finally, tension building, which leads to the next cycle. Cycles may be daily,
weekly, monthly, or annual. Victims are typically psychologically abused,
isolated, and disempowered; and thus, they learn helplessness in their rela-
tionships (Walker, 2009: Walker, Shannon, & Logan, 2011). Spouses and
partners who may have been self-efficacious and capable prior to abuse be-
come immobilized by routine abuse, trauma, and terror. They may fear that
abuse and serious bodily harm will imminently escalate to murder (Smith v.
Roe, 2002).
[E]xpert testimony explaining why a person suffering from the battered

woman syndrome would not leave her mate, would not inform police or
friends, and would fear increased aggression against herself would be helpful
to a jury in understanding a phenomenon not within the competence of an or-
dinary lay person. (State v. Allery, 1984)
Victims of abuse become sensitive to patterns of abuse and are able to antic-
ipate escalation, intensity, and frequency of abuse. They feel that they can
sense imminence and likely intensity of violent events. When they sense that
they are in serious or mortal danger they may feel that their only option is to
murder an abuser. Some victims of abuse claim that they murder their spous-
es to avoid being murdered or seriously harmed during the next violent
event. They must act while their spouse or partner is sleeping because abu-
sive spouses and partners may be so controlling that they monitor and scru-
tinize their victims in a manner that prevents victims from arming them-
selves, making preparations to flee, or otherwise defending themselves (Ha v.
Alaska, 1995; McMillion v. Texas, 2011).
Batter spouse syndrome may be justifiable, but it may be an imperfect de-
fense when victims murder their spouses during a time when spouses are not
behaving abusively (State v. Allery, 1984; State v. Gallegos, 1986). For example,
some wives have driven to where their husbands were sleeping or living to
kill their husbands after receiving threats against their lives or their children’s
lives (Lane v. Texas, 1997). However, imperfect defenses may still be claimed
because some jurisdictions require that threat or serious bodily harm or

death be imminent, not immediate. “Immediate” may describe a time inter-
val whereas “imminent” may describe a level of certainty that a threat will
be fulfilled or that danger will transpire soon or in the near future (People v.
Aris, 1989; State v. Hundley, 1985; State v. Norman, 1989). A threat may be im-
minent if the danger threatened is certain to occur at some point (State v.
Stewart, 1988). Thus, fear of imminent danger may be an element of a perfect
defense in some jurisdictions and defendants with battered spouse syndrome
may be acquitted. Reasonableness of a fear of immediate or imminent dan-
ger must be decided by the jury. Evidence may show that under the circum-
stances surrounding the killing, a defendant initiated aggression or used force
greater than necessary to defend. Defendants who claim battered spouse syn-
drome may be acquitted or convicted of manslaughter depending on the
proximity of the last abusive event to the murder and imminence of future
abuse, jurisdictional elements, availability of affirmative defenses, and objec-
tivity or subjectivity of fear of death or serious bodily harm (State v. Marr,
2001; Wyo, Stat. § 6-1-203, 2014). Evidence will likely include police reports
detailing how soon after the murder a wife called the police. Battered wives
and partners often report murders immediately so that they can document
and express what transpired (McMillion v. Texas, 2011). Battered spouse syn-
drome does not necessarily coincide with murder or satisfy evidentiary stan-
dards to successfully defend against murder, attempted murder, or battery
charges (State v. Peterson, 2004). In some jurisdictions, battered spouse syn-
drome, or other similar defenses, e.g. battered child syndrome, are not per-
fect or imperfect defenses (Banks v. State, 1992; Smullen v. State, 2004). How-
ever, battered spouse syndrome may be presented as evidence that elements
of complete or partial self-defense were satisfied.
SUICIDE-HOMICIDE
Reports about murder-suicide rates are somewhat inconsistent. Some re-

search claims that between 50 and 800 murder-suicides are reported annual-
ly; however, other research claims that the number of deaths is between
1,000 and 1,500 annually ( Joiner, 2014; Palermo, 2009). Some figures show
that the suicide-homicide mortality rate in the U.S. is similar to that of major
diseases, e.g. influenza (Malphurs & Llorente, 2006). Studies have placed the
murder-suicide rate at 0.001 percent (Cantor & McTaggart, 1998). Statistics
may vary depending on how homicide-suicide is defined. Some definitions
require suicide to occur immediately after murder; however other definitions
may include suicide that occurs one week after homicide (Cantor & McTag-
gart, 1998). Some researchers label murder and suicide as “murder-suicide”

when a murderer’s body is located adjacent to a victim’s body (Byard, Veld-
hoen, Kobus, & Heath, 2010). Murder-suicide risk factors may include inter-
personal relationships, history of mental illness, domestic violence, gender,
post-traumatic embitterment disorder, age, separation or divorce, weapons,
police and military membership, depression, being in a caregiver position,
and substance abuse (Cantor & McTaggart, 1998; Linden et al., 2011). How-
ever, alcohol use or intoxication does not make homicide-suicide more likely
than suicide.
Including rampages and suicide bombings, men are much likelier to par-
ticipate in murder-suicide (Lankford & Hakim, 2011). Most studies find that
homicide-suicide is nearly always perpetrated by men; but one article dis-
cusses that males only committed 60 percent of suicide-homicide from 1948
to 1962 (Cantor & McTaggart, 1998). Around the world, almost all domestic
violence murder-suicides are perpetrated by men using guns (Malphurs and
Llorente, 2006). When women commit murder-suicide, it is typically against
one child or a male intimate partner; but male parents, in-laws, relatives, and
other closely related people may be victimized (Weiss, 2009).
Males may be victimized by intimate partners for many reasons (Malmquist,
2012). Females may kill males because they wish to terminate relationships
(Galta, Olsen, & Wik, 2010). Fear of estrangement or loss of a relationship is
also one of the most common reasons why males perpetrate homicide-sui-
cide against females. Custody cases and allegations of abuse may lead to
murder-suicides. Females who suffer from brain disorders or mental disor-
ders may attack males (Wortzel, Brenner, & Arciniegas, 2013). Mental illness
tends to interplay with domestic violence and public humiliation, which re-
late to murder-suicide; and mental illness plays a greater role when women
kill their children (Galta, Olsen, & Wik, 2010). In rare cases, women may
spontaneously commit murder-suicide in public or while in a rage (Gorman,
2014). Suicide may be accidental. Offenders may murder intimate partners,
e.g. arson, and fail to escape the ramifications. These cases could be called
“murder-accidents” (Byard, Veldhoen, Kobus, & Heath, 2010). Some experts
claim that homicide may be a side effect of suicide when suicidal perpetra-
tors feel that they are obligated to assassinate other parties before they com-
mit suicide (Cantor & McTaggart, 1998). Homicide-suicide is increasing
among seniors, patients with Alzheimer’s disease, and people with terminal
illness. In many of these cases, murder-suicide is part of a suicide pact; but
in some cases it is altruistic or self-centered (van Wormer, 2008; Wortzel,
Brenner, & Arciniegas, 2013). Because homicide-suicide includes elders and
other with declining health, the average age for homicide-suicide is approx-
imately 40 years old to 60 years old (Cantor & McTaggart, 1998; Eliason,
2009). Men who are older than 80 may present the greatest risk to their part-
ners, especially if their partners have played a caregiver role but then expe-
rience declining health. Older women and men are more likely to fulfill sui-
cide pacts. Among all ages depression increases risk for suicide, but not
homicide; however, life factors relating to depression may change with age.
The risk of homicide-suicide doubles after age 55.
The average age at which fathers commit filicide is late thirties; but moth-
ers who kill their children are usually in their early thirties. Mental illness is
more prevalent in older homicide-suicides, but verbal discord is more com-
mon in younger homicide-suicides. When maternal suicide-filicide tran-
spires, it is twice as likely that mothers will have histories of committing
physical abuse as fathers who commit filicide-suicide. However, it is more
likely than not that parents who kill their children will have no history of
abuse toward children. Most women who commit suicide-filicide are married
during the event, though most male perpetrators are threatened by, or pro-
ceeding through separation or divorce (D’Argenio, Catania, & Marchetti,
2013). Divorce or estrangement is a significant factor at any age, but it is
greatest among younger couples (Cantor & McTaggart, 1998; Eliason, 2009).
Mothers commit approximately half of suicides-filicides of children younger
than 10 years old, and the characteristics are more similar to suicide than
mass murder, infanticide, or father suicide-homicide (D’Argenio, Catania, &
Marchetti, 2013).
Depression is prevalent in many filicide-homicide cases. Mothers who
commit homicide-suicide may be somewhat similar to seniors who commit
suicide to escape a world of hardship or suffering. As child victims age, the
number of suicides increases, which relates to parents having a relationship
with and investment in a child. Females are not more likely to kill male chil-
dren; however, females who commit suicide-homicide against a child and in-
timate partner most frequently kill male intimate partners. Unlike fathers
who kill, suicidal-homicidal mothers typically use gas, suffocation, beatings,
stabbing, strangulation, drowning, and defenestration on their children and
themselves.
HIT MAN
There are three main typologies for hit men (Miller, 2014). The first group
is amateurs. The majority of hit men are inexpensive amateurs who likely
have histories of petty crimes, deviance, addiction, or psychopathology. This
typology is abundant and easily accessible, thus they are popular among
spouses who suffer from jealousy, desire money, or seek revenge. Hit men
may only seek money, power, thrill, respect, and sex. Semiprofessional hit
men are better trained or more experienced and capable. They are more
likely to be employed by affluent people seeking financial gain. They also
tend to possess sophistication and planning skills lacked by amateurs. For
this reason, their work is more expensive. They usually have more extensive
criminal backgrounds, involvement in serious crime, histories of interperson-
al violence, and time served in incarceration. They are less likely to exhibit
major psychopathology. Yet, they may have antisocial personalities. Profes-
sional killers are trained experts. They formally study arts and sciences relat-
ed to murder. Military and law enforcement may possess requisite lethality
to work as professional criminal assassins. Their services include expert eva-
sion and evidence destruction. When multiple hits are contracted, they may
stage accidental fires or plant bombs. Professional killers are not psy-
chopaths, but they may be narcissistic risk-takers. They are usually contract-
ed by crime syndicates, cartels, or terrorist organizations, not wives. Howev-
er, powerful women involved in crime could contract professionals to mur-
der their husbands for power or wealth.
Paramours, acquaintances, or hit men employed to execute males may
distance women from physically committing murder (U.S. v. Robertson, 2007).
Many of these serious crimes are not well thought-out by women. Women
and amateur hit men may glean ideas from movies or books (Hellwege,
1998; Rice v. Paladin Enterprises, 1997). Offenders may have poor understand-
ings of the legal system, prosecution, and police investigation. For example,
women may erroneously believe that, if caught, then hit men will receive the
brunt of justice (Criminal Law Reporter, 2006; Getsy v. Mitchell, 2006). They
may believe that if they discuss the crime with several people, the govern-
ment will not be able to prosecute unless they can identify which possible hit
man carried out the hit. Seeking to hire one of several hit men may only con-
stitute a single act of solicitation, yet, jurors may not need to be certain as to
which hit man was hired to convict for solicitation (People v. Melina, 2005).
Some women intentionally inflict emotional distress on men by claiming to
know a hit man or proposing to hire someone to inflict bodily harm or death
(Behringer v. Behringer, 1994). Such threats may constitute domestic violence
or making criminal threats; and they may also demonstrate a serious lack of
discretion and foresight. Members of law enforcement have commissioned
hit men to kill intimate partners or romantic rivals (Hunter, 2003). These of-
fenders may operate under severe misconceptions about their stealth. Based
on their personal histories, some women may believe that they will not be
convicted. In one case a woman killed her first husband in self-defense and
was not charged with a crime; but then she arranged for her second husband
to be murdered after he threatened to leave her (TLC, 2011). She was sen-
tenced to death.
Inchoate crimes, e.g. conspiracies and attempts, and completed crimes

may have dramatically different consequences for an offender depending on
a variety of factors. A victim’s response to attempts and conspiracies may af-
fect outcomes in the criminal justice system. For example, some conspirators
may receive life sentences when victims participate with prosecutors
throughout prosecution. However, one woman was sentenced to deferred
adjudication and the possibility of a clean record after serving five years pro-
bation for seeking to hire a hit man to kill her husband (Dallas, 2009). In that
case, the woman’s husband, who was the intended victim, pled for mercy on
his wife’s behalf. The man’s daughter planned with his wife to collect his
$200,000 life insurance policy. His daughter received a five-year prison sen-
tence for soliciting a hit man, but received 10 years probation for conspiracy.
However, being victimized would not necessarily give a victim special rights
to influence the outcomes of cases besides rights available to victims. For ex-
ample, in one case, a woman attempted to have her ex-husband murdered
(Richardson v. Richardson, 2007). The victim was required to continue paying
maintenance to his ex-wife under their separation agreement because it was
nonmodifiable. The victim in that case was unable to void his divorce settle-
ment even though his wife attempted to have him killed.
Most women who hire hit men want revenge, feel jealous, are involved in
extramarital affairs, or seek to collect an insurance policy payout (State v.
Gallagher, 1984). Oftentimes, two or more motives are present in a single
case. In a few cases, women have claimed altruistic motives, e.g. ridding the
criminal justice system of crooked cops or ending a son’s drug addiction
(Narcotics Enforcement & Prevention Digest, 1999). Women may elect to have in-
timate partners killed in stereotypically gendered manners, e.g. hit on the
head with a frying pan or poisoned, or victims may be executed using more
masculine means, e.g. shot pointblank (State v. Gallagher, 1984; U.S. v.
Thibault-Lemke, 1992). Though hit men are almost always male, a female in-
timate partner’s act of hiring a hit man to execute a male intimate partner is
a gendered crime reflecting the status of the relationship or an intimate part-
ner’s prioritization of money before the male victim’s life.
CONCLUSION
Domestic violence may be unidirectional, mutual combat, or cyclical. Do-

mestic violence often correlates with mental illness, depression, divorce, and
other forms of instability. Offending females may follow traditionally gen-
dered modus operandi. Men are far more likely to victimize their families, but
numerous males are abused and murdered by females annually. Jealousy,
public humiliation, poverty, and financial gain are some main causes for do-
mestic violence and homicide. However, intimate partners may become con-
tentious and murderous over other issues.
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Chapter 7
HOMOSEXUAL MALES
INTRODUCTION
H omosexual males may openly defy traditional gender roles or they may
participate in normative masculinities. They may be perceived as fem-
inized, or they may exhibit aggression and dominance. Some homosexuals
are victimized by homophobic members of society; yet, some may perpe-
trate hate crimes, e.g. outing. Homosexuals’ private sex lives are protected to
the same extent as all other people’s private sex lives; however, constitution-
al right to privacy does not require states to permit same-sex marriage. Nev-
ertheless, domestic violence laws and policies have expanded in recent years
to recognize victimization of same-sex intimate partners.
RIGHT TO PRIVACY
Until 2003, sodomy could be criminalized. The U.S. Supreme Court has
held that right to privacy protects all consensual nonharmful sex acts. Right
to privacy protects marriage from governmental intrusions; but the Court
has not interpreted the U.S. Constitution in a manner that requires states to
protect same-sex marriage (Cusack, 2013b). The Court has held that homo-
sexual practices have not historically been fundamental to American ways of
life (Bowers v. Hardwick, 1985). Thus, viable arguments in furtherance of ho-
mosexuals’ rights must demonstrate that the government impinges on con-
stitutional rights, e.g. equal protection or substantive due process protecting
all lawful sex, marriage, and privacy. In Lawrence v. Texas (2003), the Court
held that two consenting adults, whether heterosexual or homosexual, are
protected equally under the right to privacy; they cannot be prohibited from
82
found links between alcohol and all forms of violence, sexual violence, and
aggression.
PUBLIC LIFE
Criminal law has been used by the government to regulate morality. Un-
til recently, the government regulated virtually every aspect of public and
private morality. The public sphere was traditionally reserved for men, and
many women were relegated to the private sphere. Men comprised the labor
force and women managed domestic life. Public morality is still heavily reg-
ulated, though less than in previous decades. Increased privacy rights have
tapered governmental control over private morality. Privacy rights have
been developed, in large part, by reproductive rights cases mostly clarifying
rights affecting women’s choices. Privacy rights have also been defined by a
case in which a male defendant was arrested for participating in same-sex in-
tercourse, i.e. sodomy (Eisenstadt v. Baird, 1972; Planned Parenthood v. Casey,
1992; Roe v. Wade, 1973).
Right to privacy is not mentioned in the Bill of Rights or the Constitution.
However, its protections emanate from longstanding traditions that U.S.
founders and contemporary Americans likely value and have considered to
be fundamental to American way of life. Right to privacy protects marriage;
right to nonharmful consensual sex; right to raise one’s children; right to
view obscenity in one’s home; and right to birth control. Several of these
rights developed in response to oppressive aspects of heteronormative tradi-
tions. Courts asked whether longstanding traditions promoting heterosexual,
procreative marriage could be placed above women’s individual rights to
privately make procreative choices and homosexual men’s longstanding
right to privately participate in consensual sodomy. U.S. Supreme Court cas-
es, including Planned Parenthood v. Casey (1992), Roe v. Wade (1973), and Eisen-
stadt v. Baird (1972) stand for the proposition that women may autonomous-
ly make reproductive choices without sharing information with their hus-
bands. Women do not require spousal or governmental consent to access
birth control. Marital traditions cannot limit women’s right to choose
whether to procreate. To hold that all adults have longstanding rights to par-
ticipate privately in nonharmful consensual sex, the court reasoned that ear-
ly prohibitions against nonprocreative sodomy were intended to proscribe
sexually aggressive acts perpetrated on nonconsenting victims (Lawrence v.
Texas, 2003). Even though there is no longstanding right to homosexual
sodomy, laws enforcing private morality could not be valid if they only tar-
geted consensual same-sex relations, but not consensual heterosexual rela-
ized. Thus, in same-sex relationships dominant and submissive roles may not
be as discrete as in traditional heterosexual relationships. Homosexual do-
mestic violence is often characterized by mutual combat. Some males may
have capacities to defend against attacks perpetrated by other males, and
some males may understand IPV differently than females. Mutual combat
may be different in same-sex relationships involving two dominant partners
from relationships involving one submissive and one dominant partner.
Estranged couples and spouses may experience domestic violence scenar-
ios in which rape is used to punish women (Felson & Krohn, 1990). Tradi-
tionally, men were permitted to rape their wives, though they have never
been permitted to injure them. However, domestic violence was considered
to be a private issue until relatively recently. Thus, rape was often seen as a
personal matter, not a matter for public intervention. Criminalization of rape
mostly focused on violent acts perpetrated by acquaintances and strangers.
Men who are angry with women may be more likely to injure them during
rape. Female intimate partners may passively respond to violence to avoid
injury, which is why the law no longer requires resistance or resistance to the
utmost against sexual violence. This is discussed further in Chapter 9. One
study analyzed mutual victimization among 57 married couples using Con-
flict Tactics Scale (Vivian & Langhinrichsen-Rohling, 1994). Approximately
60 percent of couples reportedly experienced no victimization. Among cou-
ples who experienced aggression, wives were more likely to have been in-
jured. In relationships where one spouse was injured, relationship distress
and individual distress were higher than relationships where victimization
was symmetrical. Though these findings should not be presumed to be gen-
eralizable to homosexual couples, they may offer one possible explanation
for why same-sex couples engage in mutual combat, i.e. because mutual
combat relates to reduced individual injury, individual distress, and relation-
ship distress.
Research demonstrates that heterosexual and same-sex intimate partner
violence may relate to gender-roles and stereotypes. A study of undergradu-
ate students asked males and females to read domestic abuse cases (Seelau &
Seelau, 2005). Each respondent read one of four vignettes with varied vic-
tims’ sex, perpetrators’ sex, and sexual orientation. A victim’s sex was most
likely to predict intervention; yet, male perpetration of violence against fe-
males was rated as being in need of active interventions. Domestic violence
committed by heterosexual men; domestic violence perpetrated by homo-
sexual men; and victimization of women was rated as being the most serious
forms of violence. Perpetration of violence by women and victimization of
men were less serious. These findings were consistent with gender-role
stereotypes and support the basis for traditional policies against gender vio-
lence.
Homosexual Males 85
Research about sexual violence and violence between male friends, ac-
quaintances, and partners is relatively underdeveloped. Thus, general knowl-
edge and legal consequences may fail to appropriately address same-sex
IPV. Overly inclusive statutes may have the effect of outing closeted casual
sex partners. Jurisdictional definitions of “domestic violence” may include
same-sex partners and even casual acquaintances. Varying legal definitions
of “domestic violence” may be underinclusive because they do not include
noncohabiting sex partners; or overinclusive in that they include friendships
or acquaintances.
Historically, governmental response to same-sex domestic violence and
police response to same-sex domestic violence have been prejudiced, un-
trained, and neglectful even though physical injuries between same-sex part-
ners may be relatively common. Research data demonstrates that homosex-
ual domestic violence and heterosexual domestic violence are similar to an
extent (Santaya & Walters, 2011). Yet, they are dissimilar for reasons ranging
from biology to gender roles. For example, homosexual and homosexual
partners’ reasons for remaining in violent relationships may be similar, e.g.
lack of support networks and loneliness. However, practical effects of sepa-
ration on women, men, homosexuals, and heterosexuals may be different,
e.g. access to family-based resources and services (Cruz & Firestone, 1998).
In some senses, lack of criminal justice responses may not be improved by
availability of traditional responses. Thus, systemic responses should be cur-
tailed. Lack of awareness about physical violence in same-sex relationships
and need for curtailed systemic responses may curb public response (Turell,
2000).
Researchers consistently demonstrate the prevalence of same-sex domes-
tic violence. Studies show that approximately one-third of people involved
in same-sex relationships have experienced physical violence in same-sex re-
lationships. At any given time, approximately 10 percent may currently be
involved in violence relationships. This figure is relatively similar to figures
for women in heterosexual relationships, but higher than figures reported for
men in heterosexual relationships. In one study, approximately 10 percent of
respondents had experienced sexual coercion. This figure is significantly
lower than figures reported among heterosexual women. Figures vary
among heterosexual men, but may be within this range. Emotional abuse
may be prevalent within homosexual relationships. Researchers found that
83 percent of respondents had experienced emotional abuse in a same-sex
relationship. Homosexual women may be especially vulnerable to abuse, in-
cluding physical abuse, sexual coercion, threats, shaming, and control tactics
involving children. Increased affluence may correlate with greater sexual
abuse, physical abuse, financial abuses, threats, and stalking.
Throughout the world numerous homosexual communities and subcul-

tures perceive that police response to homosexual domestic violence is poor
(Burke, 2012). Resources for victims of same-sex domestic violence may be
unknown to homosexuals; may be unavailable; and in some cases, may be
illegal. Forms of domestic violence that are particular to homosexual couples
may be unaddressed by domestic violence statutes and ineligible for public
or charitable aid. Unique forms of IPV may not receive adequate police at-
tention. For example, identity theft is a form of domestic violence that is
unique to same-sex couples (Berastaín, 2013). It may not always relate to fi-
nancial abuse. For example, a homosexual abuser may present an intimate
partner’s identification to police during a traffic stop or arrest.
Outing is a particular form of psychological abuse that does not affect het-
erosexual couples. Outing may involve threats to expose closeted homosex-
uals to the community, colleagues, or relatives. Homosexual partners may
provoke altercations so that outing results from publication of arrests and po-
lice bulletins (Molloy, 2014). Thus, abused closeted partners may feel too
afraid to rely on the justice system interventions in some cases. Untrained
police may not recognize this type of threat and coercion; applicable case
law may be lacking; and statutes may not seem to prohibit this kind of
speech. However, homosexuals are not a per se protected class; thus, employ-
ers may fire open homosexuals in many jurisdictions. The criminal justice
system is unable to respond to this form of abuse.
Same-sex male battering may challenge restrictive theories of intimate
partner violence if they fail to identify differences and similarities between
same-sex and heterosexual couples (Letellier, 1994). One significant differ-
ence between heteronormative and same-sex relationships may be the role
of disease transmission in battering cycles where both partners self-identify
as dominant males; however, similarities may exist where one partner iden-
tifies as submissive (Cusack, 2013a). Intentional or knowing transmission of
sexually transmitted diseases (STDs) may be a crime. Depending on the dis-
ease, intent, and jurisdiction transmission may be prohibited or require in-
formed consent. Abusive partners may willfully transmit diseases to force in-
timacy, control partners, and physically assault partners. However, closeted
individuals, especially men, may be susceptible to abuse because they are
unwilling to disclose participation in homosexual sex, especially sex involv-
ing penetration and insemination. Healthcare providers who suspect that dis-
ease transmission relates to domestic violence may screen individuals, but
screens may fail for closeted individuals. However, healthcare providers may
be insufficiently trained to suspect homosexual sexual abuse and physical
abuse relating to disease transmission. When victims directly disclose do-
mestic abuse involving disease transmission to healthcare providers, they
may have few options for involving the justice system in some jurisdictions
Homosexual Males 87
(Cusack, 2014a). Many domestic violence shelters are designed to assist fe-
male victims of abuse because females comprise the majority of domestic vi-
olence victims in heterosexual and homosexual relationships (Berastaín,
2013). Homosexual men may have little or no access to housing accommo-
dations and shelters. Thus, they may feel unable to leave violent relation-
ships. Men who parent children from previous opposite-sex relationships
may feel that if courts become aware of instability or danger, then their par-
enting plans may be subject to scrutiny and their custody orders may be
modified. In homophobic jurisdictions, this fear may be tenable. Parenting
plans are discussed further in Chapter 8.
HIV LAWS
HIV laws that criminalize transmission were designed to increase protec-

tions for victims and reduce incidents of transmission; however, some les-
bian-gay-bisexual-transgender (LGBT) civil rights activists have argued that
HIV laws stigmatize homosexual men through prosecution. For several
years, HIV transmission was ignored by the criminal justice system. Then,
activists and officials in several states campaigned to criminalize HIV trans-
mission. Alabama, Alaska, Arkansas, California, Florida, Georgia, Idaho, Illi-
nois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota,
Mississippi, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Rhode Island,
South Carolina, Tennessee, Utah, Washington and other jurisdictions crimi-
nalize HIV transmission (§ 720 IL 5-16.2, 2014; 410 IAC § 1-2.3-41, 2014;
Alaska Stat. § 12.55.155 (c)(33), 2014; Ark. Stat. § 5-14-123, 2014; Fla. Stat. §
384.24, 2014; Idaho Stat. § 39-601-608, 2014; Iowa Stat. § 709C.1, 2014; Kan.
Stat. § 21-3435, 2014; Ky. Stat. § 529.090, 2014; L.A. § 14:43.5; 40:1062,
2014; Mich. Stat. § 333.5210, 2014; Minn. Stat. § 609.2241, 2014; Miss. Stat.
§ 97-27-14, 2014; Mo. Stat. § 191.677, 2014; Nev. Stat. § 201.205, 2014; Ohio
Stat. § 2903.11, 2014; Okla. Stat. 21 § 1031, 2014; O.C.G.A. § 16-5-60, 2014;
R.I. Stat. § 23-11-1, 2014; S.C. Stat. 44-29-60, 2014; Tenn. Stat. § 39-13-109,
2014; Utah Stat. § 76-10-1309, 2014; Wash Stat. § 9A.36.011, 2014).
In states that criminalize HIV transmission, actus reus and mens rea require-
ments vary. For example, in Alaska HIV exposure or HIV transmission ag-
gravates sexual assault; Arkansas criminalizes HIV exposure and parental
transmission; Illinois, Kansas, and Nevada require specific intent to transmit
or expose another to HIV during sexual activity; in Iowa and Michigan HIV
exposure is criminalized but statutes provide consent as a defense; in Ken-
tucky and Utah HIV transmission and exposure are only criminalized in the
context of sex work; in Missouri reckless exposure is criminalized, but the
government permits transmission with informed consent; and in Nevada and

Idaho willful sex acts are criminalized, but the legislature provides informed
consent as a defense.
Prosecution seems to disproportionally threaten minority groups because
HIV disproportionally affects minority groups, including homosexual men.
This argument is somewhat quelled in states that prosecute transmission of
sexually transmitted diseases (STDs) in addition to HIV. Actus reus and mens
rea elements may vary in these states. Alabama, California, Florida, Georgia,
Idaho, Kentucky, Louisiana, Minnesota, Mississippi, New Jersey, Ohio, Ok-
lahoma, Rhode Island, South Carolina, Tennessee, and other jurisdictions
criminalize transmission or exposure to some STDs or all STDs. For exam-
ple, Alabama makes it a misdemeanor for any contagious individual to as-
sume any risk that any STD will be transmitted; and Alabama permits quar-
antine and institutionalization of any contagious person (Ala. Stat. § 22-11A-
18-21, 2014). In California, willfully exposing another to a contagious disease
is a misdemeanor (Cal. Code 120290, 2014). Florida requires informed con-
sent to have sexual intercourse when an individual may transmit genital
chancres, gonorrhea, ulcerative genital lesions, chlamydia, genital herpes
simplex, urethral infection, pelvic inflammatory disease (PID), or syphilis
(Fla. Stat. § 384.24, 2014). Idaho prohibits anyone from knowingly exposing
another to syphilis, gonorrhea, chlamydia, and hepatitis B (Idaho Stat. § 39-
601, 2014). Louisiana criminalizes all STD transmission; and Tennessee crim-
inalizes all STD exposure (L.A. § 40:1062, 2014; Tenn. Stat. § 68-10-107,
2014). Minnesota provides affirmative defenses for informed consent for par-
ties who followed a doctor’s advice in an attempt to prevent transmission of
any infectious disease.
HATE CRIMES
Hate crimes are crimes that target individuals due to their sexual prefer-
ences, identities, or orientations. Homosexuals have been victims of hate
crimes throughout the world. Hate crimes may range from minor incidents,
e.g. petty vandalism, to brutality, e.g. murder. In many countries, e.g. Ja-
maica, parents may murder their children if they suspect their children of be-
ing homosexual (Smith & Kosobucki, 2011). Homosexuals may perpetrate
hate crimes against homosexual, transgender, and heterosexual people. Per-
petration may correlate with trauma; retaliation; prejudice; or domestic vio-
lence or acquaintance violence. Outing may relate to hate crimes especially
with respect to vandalism, threats, duress, domestic violence, and other
crimes that invite the public’s attention. Many hate crimes may go unreport-
ed due to fear of outing or reprisal (Yu, Xiao, & Liu, 2013).
Homosexual Males 89
Hate crimes are predictive of suicidal behavior among gay youth (Hunter,
1990). Youth pertaining to racial minority groups may be especially vulner-
able if they also encounter racist attitudes and experience higher rates of
poverty. Poverty, lack of education, and homophobic cultural influences may
limit access to human services and resources to improve coping skills and
provide support. However, help-seeking etiological pathways are similar
among culturally diverse homosexual victims of hate crime. Often, victims
are referred by schools and peers; become informed about help-seeking
strategies through media and social media; and they may seek refuge at
emergency shelters. Yet, homosexual youth often feel confused about where
to seek help because hate crimes may be perpetrated by relatives, peers, or
strangers. Hate crimes may be comorbid with other forms of violence; thus,
youth may feel overwhelmed and desperate. If they feel that they have no al-
ternatives, then they may become suicidal (Durkheim, 2013). Emile Durkheim
describes anomic suicide resulting from crashes in foundational elements of
one’s life, e.g. loss of economic prosperity. When individuals feel that they
have lost their abilities to succeed, then they may become suicidal. However,
intimate relationships may buffer some of these feelings. Young homosexual
victims of hate crime may feel inundated by violence, bullying, and hatred;
and they may lack personal or intimate support systems. They may be un-
able to foresee improvement. A campaign designed by Dan Savage to coun-
teract high suicide rates among gay youth used the phrase “it gets better” to
inform youth that shortsighted depressive attitudes and trauma may become
alleviated over time as frequency of hate crimes and harassment decrease
and environmental factors improve. However, for some homosexuals, low
quality intimate relationships may correlate with internalized homophobia
and domestic violence (Balsam & Szymanski, 2005). Thus, critics of Savage’s
campaign argue that conditions may not improve for homosexuals as they
age, i.e. “it doesn’t get better.” For example, some homosexuals may be ex-
posed to hate crimes within relationships relating to patriarchal attitudes,
controlling attitudes, trauma, internalized homophobia, and dominance. In-
timate partner violence may involve perceptions that power stems from in-
sertive and dominant sex positions, education level, financial status, gender
roles, experience in homosexual relationships, and internalized homophobia
(Kubicek, McNeeley, & Collins, 2014). Thus, some homosexuals may believe
that society sanctions hate crime perpetration against submissive or nondom-
inant homosexual males.
Traditional cultural views or negative local attitudes about homosexuality
may be disconnected from contemporary legislation. Federal law requires
hate crime laws to protect victims who are targeted due to sexual orientation,
gender, and gender identity. Federal legislation reaches any victim or perpe-
trator using an instrument of interstate commerce, which grants the federal
government significant reach. The law prohibits civil rights violations and vi-
olence perpetrated under the color of law. Therefore, it may bar qualified im-
munity for willful acts of violence perpetrated by police (18 U.S. Code § 249,
2014). State-level legislation protects homosexuals from hate crimes in some
jurisdictions. In Romer v. Evans (1996), the U.S. Supreme Court held that
states cannot pass constitutional amendments designed to exclude homosex-
uals from equal protection by designating them as a class of persons not en-
titled to special protection. However, the court used rational review in Romer,
which indicates that homosexuals are not a quasi-protected or protected
class. This standard of review annunciated their holding, which is that homo-
sexuals cannot be targeted for an absence of protection, but are not per se en-
titled to heightened protection.
Gay men are at highest risk for hate crime victimization in comparison to
other minority groups. Research demonstrates that among groups of les-
bians, gay men, and bisexual individuals, gay men were most likely to be
physically victimized during hate crimes (Stotzer, 2012). One study found
that only .0001 percent of lesbians, gay men, and bisexuals individuals re-
ported hate crime victimization. However .00026 percent of gay men report-
ed hate crime victimization; .0001 percent of lesbians reported hate crime
victimization; and 00001 percent of bisexuals reported hate crime victimiza-
tion. Among Jewish Americans and African Americans, .00005 percent re-
ported hate crime victimization. Jewish Americans were more likely than
African Americans or homosexual groups to experience hate crime victim-
ization relating to property offenses. Gay men reported property offense
rates similar to African Americans. Hate crime targeting may be neighbor-
hood-specific (Duncan & Hatzenbuehler, 2014). Thus, some areas may have
higher hate-crime targeting against homosexuals. In these areas, suicidality
among homosexuals may be higher. School bullying may relate to area-spe-
cific homophobia and may compound homosexual youth’s inability to cope
with present and future targeting (Mishna et al., 2009).
CONCLUSION
Homosexual males face unique challenges due to perceived incompatibil-

ities between traditional definitions of “masculinity” and gay life style. A
right to privacy that encompasses a right to privately participate in sodomy
was established in 2003. Lack of privacy rights prior to 2003 may partially
explain prevalence of public sex between men, e.g. street-level prostitution.
Prostitution correlates with risky behavior and disease transmission. Estab-
lishment of right to privacy has not been proven to have impacted HIV
Homosexual Males 91
transmission rates among homosexual and bisexual men. Criminalization of

HIV has not been demonstrated to deter transmission; yet codification and
enforcement of HIV transmission laws may demonstrate society’s willing-
ness to protect homosexuals from intimate partner abuse, e.g. willful disease
transmission. However, some gay rights activists argue that rather than help,
HIV laws disproportionally target and stigmatize homosexual men. Re-
search about intimate partner violence among gay men is relatively under-
developed. Outing is one form of intimate partner violence that may be used
to perpetrate hate crimes. Outing within the gay community merits further
study. Future research will likely explore how internalized patriarchal atti-
tudes relate to dominant, masculine, and homophobic attitudes among sex-
ually nonheteronormative men, as well as suicide rates among youth.
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Chapter 8
MARRIAGE
INTRODUCTION
U .S. society maintains an interest in preserving traditional nuclear fami-

lies involving one male parent, one female parent, and their biological
children. States authorize use of police power to enforce norms relating to
monogamy, bigamy, marital eligibility, family structures, child support, and
parenting. U.S. military branches continue to maintain similar interests; they
enforce marital fidelity; and prosecute adultery under their belief that open
and notorious martial breeches discredit the service. However, courts and
legislatures are willing to place children’s best interests above traditional in-
terests in preserving the nuclear family. In many cases, the government per-
mits children to rely on alternate arrangements that ensure their psycholog-
ical and financial well-being. However, this departure from tradition does
not necessarily sanction pluralistic marriages or other alternative marital
arrangements.
MONOGAMOUS
More than monogamy or polyandry, polygamy has historically been the

norm throughout non-Western nations and some parts of the U.S. Polygamy
may be pleasure-based or status-based. It may incorporate religion; or relate
to biological survival strategies. Scholars theorize that monogamy may relate
to scarcity, preservation of offspring from infanticide; parental cooperation;
sperm competition; and other biological explanations; but, it is likely not the
norm among nonhuman primates (Witt, 2013; Zimmer, 2013). No mammal
species is 100 percent monogamous; though some urban coyotes are sus-
pected of being 100 percent monogamous (Hennessy, Dubach, & Gehrt,
94
Marriage 95
Figure 8.1. Roaches.
2012). Some researchers suspect that monogamy rarely occurs among ani-
mals, e.g. monogamous cockroaches; but most monogamous animals, e.g.
birds, are only socially monogamous (see. Figure 8.1).
Under U.S. jurisprudence and legislation, monogamous marriage between
one man and one woman is the norm. Monogamous heterosexual marriage
is protected by right to privacy because it is a longstanding tradition that is
fundamental to American way of life (Brown v. Herbert, 2013; Loving v. Vir-
ginia, 1967). The U.S. Supreme Court discussed right to privacy’s protection
of monogamous marriage under the Fifth Amendment and Fourteenth
Amendment in Loving v. Virginia (1967). The Court held that laws prohibiting
interracial marriage between Whites and other races violated due process.
“Marriage is one of the “basic civil rights of man,” fundamental to our very
existence and survival” (Loving v. Virginia, 1967).
Historically, “marriage” has not had a single definition; but it has been
comprised of basic components. In Loving v. Virginia (1967), the court likely
only considered privacy rights to extend to a monogamous relationship be-
tween one woman and one man of any races. Cohabitation between a man
and a woman was considered to be evidence of marriage. At common law,
marriage resulted when a man and a woman cohabited and held themselves
to be a married couple in public. Common law marriage is currently only
permissible in a minority of jurisdictions. Most states only acknowledge mar-
riage that is licensed and announced by a public ceremony. However, the

doctrine of full faith and credit under Article Four of the U.S. Constitution
generally requires states to recognize common law marriages legally entered
in other jurisdictions. Thus, states are likely to protect common law mar-
riages. A few states grant covenant marriages, e.g. Arizona, which requires
engaged couples to receive marital counseling and to abide by more restric-
tive marital terms (Ariz. Rev. Stat. Ann. §§ 25-901-906, 2014). For example,
covenant marriage may only be dissolved when parties allege serious
breaches, e.g. adultery, felony imprisonment, sexual abuse, drug abuse, years
of separation, legal separation, or other extreme circumstances. Couples tra-
ditionally married in a state that grants covenant marriages may convert
their marriage into a covenant marriage. Covenant marriage is only available
between two faithful adults.
Right to privacy may protect common law marriage, covenant marriage,
and, perhaps, same-sex marriage in some jurisdictions; but alternate marital
arrangements involving multiple participants may not be protected (Brown v.
Herbert, 2013; Cusack, 2013). Bigamy, polygamy, polyandry, and all other
forms of multiparty marriages are illegal in every jurisdiction. It may be a
crime to claim to be married to multiple partners even if a person does not
claim to be legally married to multiple partners. Publically claiming to be
married to a new partner before a prior marriage has been dissolved may be
illegal even if a person makes no attempts to have the second union legally
recognized (Conn. Pen. Code § 53a-190, 2014). A single person may be
charged with bigamy for cohabiting with a married person. Generally, group
sex is not prosecuted because it may be presumed to be protected under the
right to privacy. However, Lawrence v. Texas (2003) established a privacy right
that protects consensual, nonharmful sexual activity between two people.
Lawrence v. Texas (2003) does not contemplate whether sex between multiple
parties is protected. Under the Uniform Code of Military Justice (UCMJ) Ar-
ticle 134, servicemembers participating in consensual group sex may be
prosecuted for adultery (U.S. v. Gutierrez, 2013).
INCEST
Incest results when relatives engage in sexual activity. Legal definitions of

“incest” vary in different states. In some jurisdictions, “incest” only includes
immediate relatives; but in other jurisdictions, it may include distant cousins.
Sexual relations between parties of the first and second degrees of consan-
guinity is generally recognized to constitute incest (Ala. Stat. §13A-13-3,
2014). In several states, incest is defined by marriage statutes. Related inti-
Marriage 97
mate partners who are not legally eligible to marry each other may be cul-
pable of incest (Conn. Pen. Code 46b-21, 2014). Generally, the doctrine of
full faith and credit under Article Four of the U.S. Constitution provides that
marriages that are valid in one state will be recognized in another. However,
some incestuous marriages may be void (Feldmeier, 1995).
Some laws specify that incest results between biological or adopted rela-
tives. In many jurisdictions, law may be interpreted to permit individuals
who are no longer related by marriage or blood to be sexually intimate. For
example, a widow may marry her deceased husband’s brother (Conn. Pen.
Code 46b-21, 2014). Another example is that a former stepchild of one par-
ent may have sexual relationship with a former stepchild of another parent
(People v. Zajaczkowski, 2012). However, relationships between steprelatives
currently related through marriage are generally prohibited; though, consent
may be a defense to incest charges between steprelatives in some jurisdic-
tions (Lowe v. Swanson, 2009).
Criminal incest is not legally consensual even when it is voluntary. How-
ever, criminal incest may be divided into separate levels of harm depending
on a victim’s age and power differentials between the parties. For example,
incest between a minor child and a parent may involve the ultimate power
differential. However, mutually voluntary incest between distant relatives,
who are adults, may be perceived as immoral and harmful to society; but
that form of incest does not necessarily victimize a party. Society addresses
these differences by charging more serious crimes as felonies. Adulthood
does not relieve parties of their duties to their children; and violating a minor
while in a custodial position may result in additional criminal charges (U.S.
v. Vigil, 2003). Incest charges may be aggravated or more serious when incest
occurs between proximate degrees of consanguinity. However, jurisdictions
may equally criminalize incest between any relatives of any degree of con-
sanguinity or relation.
Where the law does not prohibit sexual relationships between relatives,
right to privacy may protect consensual, nonharmful, private sexual relations
(Lowe v. Swanson, 2009). Statutes may not directly prohibit sex between cer-
tain relatives; but law may prohibit sex between persons participating in cer-
tain familial roles. Privacy rights may not be presumed to extend to sex be-
tween relatives where no specific law permits incest. However, at some de-
gree of consanguinity generalized application of incest laws becomes unrea-
sonable. Even when incest laws are unreasonable, courts may not analyze
laws as if they potentially threaten a fundamental right. Thus, incest laws that
seem to limit right to privacy may be scrutinized using the lowest standard
of rational review. This is because in the absence of a specified liberty, there
may be no clearly established right to have sex with one’s relatives.
Under common law, incest was not criminalized, only marriages that con-
travened morality were criminalized. Sex was traditionally reserved for mar-
riage. Thus, some critics of incest laws could argue that incest presently oc-
curring in nonmarital relationships ought not to be criminalized. Yet, an ab-
sence of criminalization does not necessarily indicate that incest should be
protected under substantive due process. Furthermore, incestuous fornica-
tion has been criminalized in various jurisdictions for more than a century,
which tends to refute arguments alleging that incest is a longstanding right.
Irrespective of the state’s position, private and discreet sexual affairs are
rarely brought to light; in fact, prosecution of consensual incest between
adults is rare (People v. Facey, 1986). Thus, constitutional arguments are more
likely to be raised in cases involving children or significant power disparities;
and in these cases, arguments about longstanding rights are unlikely to apply
or prevail.
The majority of reported incest victims are female minors; and the major-
ity of incest offenders are male (Becker, 1994). Studies tend to find that the
majority of pedophiles are married men or are men who have experienced
serious relationships with adult women. Most are employed and are not un-
dereducated. Some offenders begin incestuous relationships as juveniles
preying on younger siblings; however, some prey on more distant relatives,
e.g. nieces and nephews, after they have reached adulthood. Abuses perpe-
trated by juvenile offenders may be more likely to involve male victims than
sexual abuse perpetrated by adults. Higher rates of incest victimization
among young males may relate to their accessibility and vulnerability. Lower
rates among older male victims may relate to increased physical strength and
masculinized gender roles among older male targets; and offenders’ in-
creased access to other potential victims. Approximately one-quarter of in-
cest offenders are likely to be involved in nonincest pedophilia; and the ma-
jority have histories of participating in other forms of sexual deviance, e.g.
frotteurism and sadism, which are discussed in Chapter 3 and Chapter 16 re-
spectively.
Male juvenile incest offenders are likely to have been victims of physical
or sexual abuse; and many were abused by women. A study of 1,178 adult
men found that 27 victims experienced sister-brother incest; and 119 victims
were sexually abused as minors by a female adult (O’Keefe, et al., 2014). Vic-
tims of sibling incest were persistently hypereroticized in childhood, and lat-
er became more likely to have homosexual relationships. Sibling incest and
sexual abuse by adult females were each likely to contribute to victims expe-
riencing difficulty in relationships as adults. Among 1,521 adult women, 31
were victims of incest perpetrated by sisters and 40 were victims of incest
perpetrated by brothers; 19 women were sexually abused by fathers and 8
were sexually abused by adult females (Stroebel, 2013). Only one victim re-
Marriage 99
ported sexual abuse by her mother. Thus, victimization of females was only
approximately 25 percent likelier to have been perpetrated by brothers than
sisters; yet, sisters were approximately 58 percent likelier than fathers to per-
petrate incest. Fifteen percent of respondents reported sexual victimization
by an adult male other than a victim’s father. Incest perpetrated by sisters re-
sulted in increased depression among female victims. Females victimized by
sisters were more likely to engage in forms of prostitution; have unintended
pregnancies; engage in self-molestation; and participate in a variety of sexual
behaviors. Like male victims, female victims were likely to experience early
eroticization and have persistently been hypereroticized.
Parental discord, parental alcohol abuse, parental absenteeism, witnessing
domestic violence, and other family-oriented explanations contribute to
holistic understandings of incest (Snyder & Rubenstein, 2014). Incestuous
men may victimize children in response to family stress. Incestuous adults
may prey on adult victims or may particularly relate sexually to children dur-
ing family turmoil. Recidivism for incest offenses is less likely than for non-
incest offenses, which may indicate that opportunity and deterrence play a
determinate role in incest offenses. Thus, reunification between incestuous
parents and children may be complicated and undesirable in some cases.
Even though treated and untreated, recidivism rates are significantly lower
than among other sex offenders and pedophiles, incestuous men who are not
under criminal justice supervision are more likely to drop out of therapeutic
treatment programs.
CRIMINAL ADULTERY
Traditionally, adultery was considered to be a criminal offense. However,

over the past century it became grounds for a civil divorce; and it may be a
relevant factor to be considered by the court when issuing divorce awards.
One reason that adultery became decriminalized is that proving adultery is
difficult. Sexual fidelity became a private matter, not a matter for public con-
cern, i.e. a criminal matter. States reasoned that family court could suffi-
ciently determine the proof and significance of infidelity during divorce pro-
ceedings; and exercise of police power was not required. Some overlap be-
tween adultery and criminal law remain. Common law provided a heat of
passion defense for spouses who detected adultery and immediately killed a
wife’s paramour. The heat of passion defense was based on the provocation
defense because society believed that detecting adultery sufficed to mitigate
murder to manslaughter. However, any intimate acts other than intercourse
may not sufficiently provoke and justify slaughter (Knight v. Patterson, 2012).
The Uniform Code of Military Justice (UCMJ) continues to criminalize

some acts of adultery. Criminal adultery in violation of Article 134 may result
in confinement for up to three months and forfeiture of 66 percent of pay for
up to three months. Article 134 of the UCMJ permits prosecution when adul-
tery demonstrates a lack of discipline, discredits the service, or prejudices the
public against military. Thus, participating in sexual intercourse with a mar-
ried person or while married to another person alone does not constitute
criminal adultery. Adulterous sexual intercourse must occur to the prejudice
of good order and discipline; or bring discredit to the service. Damage
caused by adultery may be considered under the totality of circumstances
when weighing factors like an accused’s rank and position; a paramour’s
rank and position; power disparities between the parties; whether married
parties were legally separated; whether an affair was ongoing, recent, or in
the past; the effect on a military unit; misuse of government resources or
working hours; and relationship between adultery and other UCMJ viola-
tions (Kenny, 2011; UCMJ art. 134, 2014; U.S. v. Gastelum, 2013). Open and
notorious adultery may be more likely to injure the reputation of the service
or discredit the service. Adultery that is divisive or directly effects morale
may be prosecuted. Thus, private and discreet adultery may be distinguish-
able from adultery that provokes public ridicule (UCMJ art. 134, 2013).
Adultery may reflect poorly on individual members’ service records, but
may not reflect poorly on the military (U.S. v. Jonsson, 2009).
Though a few states maintain criminal adultery statutes, states almost nev-
er prosecute adultery. One recent case in Utah brought to light several rele-
vant issues (Brown v. Herbert, 2013). Utah has a significant population of Mor-
mons. Though the Church of Latter Day Saints does not promote polygamy,
traditional and contemporary members have participated in polygamous
lifestyles. Utah prohibited religious cohabitation in which married couples
dwelled with other partners to whom they referred as wives (Brown v. Herbert,
2013; Cusack, 2013). Utah did not prosecute all adulterous cohabitation; but
they targeted religious cohabitation (Brown v. Herbert, 2013). Utah claimed
that religious cohabitation should be criminalized because it could be used
to defraud the government, but unmarried cohabitation should not be pros-
ecuted because it was not adulterous or immoral. The government demon-
strated that of 42 percent of people; between 18 years old and 64 years old
who resided in Utah, approximately one-third to one-half cohabited outside
marriage. Thus, it was normal and socially acceptable. Only married people
committed adultery by having sex outside legal marriage; and this was often
the case during religious cohabitation, which was not considered to be nor-
mative (Utah Code Ann. § 76-7-103, 2013). However, the court found that
prosecution unfairly targeted religious practice. Thus, Utah violated the U.S.
Constitution by targeting religious cohabitation and struck provisions per-
mitting prosecution.
Marriage 101
PARENTING
Traditionally, mothers were presumed by courts to be preferred guardians

for young children (Rosky, 2010). Fathers were presumed not to bond as
deeply or vitally with young children even though fathers are important for
child rearing and imparting gender roles. U.S. courts previously believed
that the Tender Years doctrine should guide when custody was at issue. The
Tender Years doctrine holds that women should presumptively be granted
primary custody of young children. Maternal preference was eventually
phased out in favor of the best interest factors, which are gender neutral. A
child’s preference for a parent, infants’ need to breast-feed, and other factors
may be considered by courts. However, presumptions in favor of mothers
over fathers are outdated and may violate the U.S. Constitution.
Society now recognizes that joint legal custody is in the best interest of
children whenever possible. Parenting plans amicably resolving custodial
arrangements benefit parents, children, and society; and they lower demands
placed on the legal system (Rosky, 2010). Serious breaches of parenting plan
agreements may result in custodial kidnapping. When one parent refuses to
return a child and leaves a jurisdiction without a court’s order, kidnapping
may be charged. It may be an affirmative defense that a custodial parent fled
from domestic violence (18 U.S. Code § 1204, 2014). Traditional conceptions
about masculine invulnerability to domestic violence may influence some
courts’ perspectives about the effect of domestic violence on fathers. These
kinds of stereotypes may continue to contribute to lower likelihoods of fa-
thers being granted primary custody in some cases. Some fathers may inter-
nalize these prejudices and preemptively fail to pursue primary custody.
Men who serve as stepfathers may lose contact with children after di-
vorces, especially if they believe that courts will be unwilling to grant visita-
tion (Troxel v. Granville, 2000). In Troxel v. Granville (2000), the U.S. Supreme
Court held that parents have a fundamental right to parent their children and
make decisions in the best interest of their children. Courts cannot substitute
their judgment for parental judgments. Parents’ preferences to deny visita-
tion to ex-stepfathers must be given special weight in best interest analyses.
However, courts can find that some adults other than biological parents have
served as psychological parents; and that it would be in the best interest of
children for psychological parents to visit with children.
Psychological parents are not protected in every state. However, courts
are willing to recognize parenthood in cases where marriages or partnerships
are not legally cognizable. Some homosexual intimate partners have been
found to be psychological parents. Psychological parenting may be especial-
ly evident when same-sex partners use surrogates, but only one partner is
legally related to a child. Parents who raise children from birth may qualify
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Chapter 9
PENETRATION
INTRODUCTION
F orcible and unprivileged sexual penetration is a crime. “Rape,” “sexual

battery,” and “object penetration” are three legal descriptions of forcible
or nonconsensual unprivileged sexual penetration. These crimes overlap,
though jurisdictions may not prosecute each crime separately. Historical dis-
tinctions between these three crimes have largely washed away; and have
been replaced by contemporary laws that are more inclusive and victim-ori-
ented. One major development over the past 50 years is that society has at-
tempted to reduce victim-blaming by eliminating legal requirements for vic-
tims to resist rape to their utmost ability. Yet, society continues to blame vic-
tims of nonconsensual insemination and nonconsensual disease transmission
when victims recklessly fail to require partners to use condoms during pene-
tration.
PENILE PENETRATION
Each jurisdiction may define “penetration,” and the relevance of penetra-

tion to sexual assault and rape. In some jurisdictions, definitions of “rape” ex-
clusively describe the slightest penetration of a portion of a penis into a vagi-
na. For example, in Maryland, “rape” is the slightest penetration of a
woman’s vagina during forced copulation. “Rape” may only be perpetrated
during vaginal intercourse (Md. Stat. §3–301 (e)(1), 2013). This element elim-
inates application of rape statutes to male homosexual victims. Similarly,
males cannot be raped in Idaho (State v. Greensweig, 1982). In Idaho, only
males can accomplish rape. However, gender-specific definitions of “rape”
have almost completely been phased out of the justice system in favor of
104
Penetration 105
broader, victim-oriented definitions. A minority of jurisdictions define “pen-

etration” to include penetration of a male’s penis. For example, Arizona de-
fines “sexual intercourse” as penetration into a female vulva, male penis, or
anus (Arizona Rev. Stat. § 13-1401(3), 2014). Tennessee is among the minority
of jurisdictions specifying that penises may not be penetrated by any part of
an offender’s body or object that contacts a victim’s penis (Tenn. Code Ann.
§ 39-13-501, 2014).
“Penetration” may describe initial penetration or completed sex acts de-
pending on the context and jurisdiction. Depending on the jurisdiction, con-
sent of initial penetration may grant consent for completed sex acts or it may
not. For example, a person participating in sexual activity in Illinois has the
right to initially consent to sexual penetration; but a sex partner does not
have a right to continue sexual penetration after consent for initial penetra-
tion has been withdrawn (§ 720 ILCS 5/12-3, 2014). In Alaska, sexual pene-
tration is not limited to “the moment of initial penetration” (McGill v. Alaska,
2001). Yet, in Maryland, North Carolina, Texas and other jurisdictions, rape
cannot occur once initial consent for penetration has been granted (State v.
Baby, 2008; Scoggan v. State, 1990; State v. Way, 1979). Some jurisdictions pre-
viously held that completion was necessary to find that rape occurred; but,
now neither completion nor ejaculation is necessary for the majority of
courts to find that unprivileged penetration occurred, which may define
“sexual assault.” Penetration, not penile insertion or ejaculation, may be the
essential element (Lynch v. State, 1974; Tillman v. State, 1980). Any penetration
of an external orifice, including penetration caused by emissions, may qual-
ify as penetration (Cusack, 2012; Cusack, 2013a; Cusack, 2014; NH Stat. §
632, 2013; State v. C.H., 1993). Though semen is direct evidence of a sus-
pect’s identity and may be used as direct or circumstantial evidence of sexual
assault, the presence of semen on a victim’s body does not prove penetration
(Singleton v. State, 2009). Semen evidence is discussed further in Chapter 22.
Laws may attempt to protect a wider swath of victims by broadly defining
penetrative sexual violations. For example, inclusive laws may prosecute de-
viant sexual activity. They may define it as penetration of an anus or a vulva;
but they do not require penile penetration (Arkansas Code Ann. § 9-27-303,
2014). Deviate sexual activity may require (1) one party’s genitals; (2) pene-
tration; and (3) intent to arouse, gratify, or terrorize (§ 566.010 R.S.Mo.,
2014). Criminal penetration may be prosecuted at various levels of intent, in-
cluding knowledge, willfulness, and recklessness; yet it is not uncommon for
legislatures to prosecute deviant or assaultive penetrative sex acts perpetrat-
ed using a variety of motives and modus operandi, e.g. humiliation, hatred,
contempt, ridicule, injury, harassment, or degradation (HRS § 707-732, 2014;
Mont. Code Anno., § 45-2-101, 2014; Tex. Penal Code § 1.07, 2014; W. Va.
Code § 61-8B-1, 2014).
OBJECT PENETRATION
Definitions of “sexual assault,” “sexual battery,” “sexual intrusion,” and

other similar sex offenses typically include object penetration (C.R.S. 18-3-
401 (5), 2014; FL Stat. §794.011, 2014). Many statutory rape laws expressly
include object rape (Oberman, 1994). In some jurisdictions, a “foreign ob-
ject” may be anything other than a sex organ (O.C.G.A. § 16-6-22.2, 2013).
Penetrative objects include dongs, prosthesis, vibrators, faux penises,
brooms, batons, or any other phallic objects; and semen may constitute a
penetrative object (Cusack, 2012). In the past 30 years, governments have in-
creased punishments for nonconsensual object penetration. Many jurisdic-
tions consider sexual violations in which an offender uses an object to be
equally violative as a sexual violation in which an offender uses his or her
genitals; however, a few jurisdictions set forth distinct elements for noncon-
sensual “object penetration” from “rape” (State v. Mundon, 2012).
Legislative reasoning is supported by social science research indicating
that nonconsensual object penetration affects victims similarly to nonconsen-
sual penetration perpetrated using an offender’s genitals. In one study of 648
college women, researchers administered the Sexual Experiences Survey
and the Psychological Maltreatment Inventory (Aosved and Long, 2005).
Respondents were asked to classify levels of nonconsensual sexual activity.
They were asked to evaluate nonconsensual penetrative intercourse; oral-
genital contact; object penetration; kissing; and fondling. Evaluations were
made in consideration of various degrees of nonconsent, i.e. coercion, force,
or both; and degree of victim-offender intimacy, i.e., acquaintance or
stranger. Levels of psychological mistreatment were higher among women
who experienced any kind of nonconsensual conduct evaluated by respon-
dents. Yet, all nonconsensual conduct was equally associated with psycholog-
ical mistreatment. Thus, legislatures may be justified in criminalizing non-
consensual object penetration at the same level as other forms of penetrative
sexual assault.
Consistent with Aosved and Long’s (2005) findings, degrees of noncon-
sent or intent should be irrelevant to statutory schemes to best protect vic-
tims. In some jurisdictions, lascivious intent to coerce object penetration is
unnecessary if penetration is nonconsensual (King v. Commonwealth, 1936;
Herrel v. Commonwealth, 1998; Va. Code Ann. § 18.2-67.2, 2013; Viars v. Com-
monwealth, 2005). Victims’ and offenders’ genders or sex roles should also be
irrelevant to object penetration statutes. For example, object penetration
statutes may protect lesbians and homosexuals from nonconsensual object
penetration; and they may protect heterosexual men from being coerced
into penetrating females with objects. Some sexual assault statutes fail to pro-
Penetration 107
tect men who are forced to penetrate and inseminate partners (Cusack,
2013). Thus, object penetration statutes that protect victims from being
forced to penetrate offenders better protect men who may traditionally be
vulnerable due to prejudices or presumptions about male sexual dominance,
female sexual availability, male desires for sex; or relationships between con-
sent for penile penetration and consent for object penetration using semen,
i.e. insemination.
SEXUAL BATTERY
Sexual battery may be distinguishable from rape and sexual assault. Sex-
ual battery may result whenever nonconsensual, nonpenetrative sex acts are
perpetrated, e.g. an offender manually fondles a victim’s penis. An offender
may perpetrate sexual battery while intentionally making nonconsensual
physical contact with a victim’s genitals, groin, inner thighs, or anus
(O.C.G.A. § 16-6-22.1, 2013). Statutes may require general intent to make
nonconsensual sexual contact; or specific intent to arouse sexual desires; and
statutes may define nonconsent as incompetence, force, threat, compulsion
or using other standards (Ind. Code Ann. § 35-42-4-8, 2013; K.S.A. § 21-
5505, 2014; La. R.S. 14:43.1, 2014; Miss. Code Ann. § 97-3-95-97, 2014; N.C.
Gen. Stat. § 14-27.5A, 2014; ORC Ann. 2907.03, 2013). Under sexual battery
statutes, each distinct act of sexual contact could constitute a separate offense.
A penetrative act may be one offense while the definition of “sexual contact”
could be construed to include any touching, including touching with an inan-
imate object (Gunter v. State, 1995). Many courts hold that any change in lo-
cation or discontinuation of a sex act that later resumes constitutes separate
sex acts. Certain acts, e.g. spitting, may constitute simple battery, but not sex-
ual battery. Sexual battery may be aggravated if a victim reasonably believes
that an offender is armed before or during perpetration of sexual battery
(Tenn. Code Ann. § 39-13-504, 2013). Disease transmission resulting from
sexual battery, e.g. genital herpes, may aggravate charges (Cusack, 2013b;
State v. Fears, 1983; T.C.A. § 39-13-102, 2013). If victims reasonably believes
that they have been infected or exposed to infection during sexual battery
then charges may be aggravated (Utah Code Ann. § 76-9-702.1, 2013; Utah
Code Ann. § 76-5-405, 2013; Utah Code Ann. § 76-5-103, 2013).
Unlike traditional rape statutes that protected females from males, sexual
assault statutes tend to protect all victims equally. Gender roles, moral per-
spectives, or other social norms are not directly contemplated by statutes.
While same-sex offenses may be more offensive to some heteronormative
male victims, male offenders are typically only punished to the same extent
that female offenders would be punished. However, research has consistently

found that rape-supportive attitudes, victim-blaming, and justifications con-
tribute to traditional perspectives that ascribe greater responsibility to female
victims of sexual battery than to male victims of sexual battery; but male vic-
tims may feel pressured to remain silent to comply with gender roles (Cu-
sack, 2013b). Thus, male and female victims may be underserved by the jus-
tice system for different reasons.
CONSENT
Nonconsent may be a critical element to contemporary and traditional de-

finitions of “rape” and “sexual assault.” “Sexual assault” may occur when an
offender knowingly penetrates a victim who may be reasonably calculated to
submit unwillingly (C.R.S. 18-3-402, 2014). Traditionally “rape” may be de-
fined as (1) the slightest penile penetration of a female’s vulva; (2) during
which a victim resists; and (3) yet, she is overcome by force, violence, or
threat of harm (Idaho Code § 18-6101, 2014). There are two main elements
to contemporary, inclusive definitions of “sexual assault” or traditionally nar-
row criminal standards for “rape”: (1) a victim’s nonconsent; and (2) a defen-
dant’s intent (State v. Jones, 2011; UCMJ § 920. Art. 120, 2014).
Consent is a newer element in some jurisdictions that replaced common
law elements requiring force exerted by a perpetrator and resistance exer-
cised by a victim. In some jurisdictions, when consent is an element neither
force nor resistance may be an element. In other jurisdictions, nonconsent
may dovetail with force. A consent element may replace elements requiring
penetration to have occurred against a victim’s will. Penetration occurs with-
out consent if a victim is coerced, threatened, forced, or intentionally de-
ceived (State v. Ayala, 1994; State v. Willcoxson, 1987). Consent may be implied
by the circumstances or it may be expressed. Each jurisdiction defines its re-
quirements. Express consent may be required; or it may serve as stronger ev-
idence raising a reasonable doubt of guilt. To grant consent, a victim must
possess an ability to knowingly choose to engage in penetration; an ability to
understand that penetration is occurring; and an ability to appreciate possi-
ble consequences (State v. Soura, 1990). Nonconsensual sex acts may occur
when an offender knows that a victim is physically incapable of resisting or
declining consent; or when a victim is unaware of penetration (13 V.S.A. §
3254, 2014). Although force may not be an element, knowledge of noncon-
sent may be an element (Senate Bill 967, 2014).
The central element of contemporary laws may be consent, not force;
which is why there may be no duty to resist (State v. Willcoxson, 1987). Proof
Penetration 109
of physical resistance is normally not required, but absence of resistance may

demonstrate absence of nonconsent (Va. Code Ann. § 18.2-67.6, 2013). Actual
words or conduct may indicate that a freely given agreement was achieved;
thus, violating the scope of consent may be considered an indecent liberty
(Wash. Rev. Code § 9A.44.010(7), 2013). If words demonstrate qualified con-
sent limiting the scope of sexual activity or expressly withdraw of consent,
then sexual conduct may be indecent and nonconsensual. Consent for one
sex act does not automatically grant consent for other sex acts. Sex partners
may participate in consensual and nonconsensual sex acts pursuant to the
same circumstances (Cusack, 2012). Furthermore, separate incidents of sex-
ual assault constitute new offenses if they occur in different ways or at differ-
ent times (Hamill v. State, 1979). For example, nonconsensual penetration
may be a distinct violation from nonconsensual insemination if withdraw oc-
curs between the acts that permits sufficient time to elapse.
In some jurisdictions, nonconsent must be communicated. If nonconsent
is not communicated and no force is used to overcome resistance, then there
may be insufficient evidence of forcible compulsion (NY Stat. § 130.05, 2013;
State v. Jones, 2011). Lack of consent may or may not be subjective in some
jurisdictions. Thus, in some jurisdictions nonconsent may be measured by a
defendant’s perception. In some cases, a victim’s words or actions must clear-
ly express unwillingness to a reasonable person. Thus, uttering “no” may not
unequivocally and absolutely indicate nonconsent in all cases (State v. Cum-
mings, 2011; State v. Newton, 2007). Lack of consent or breech of qualified
consent may be proven by feelings or perceptions held by a victim at the
time of penetration (State v. Bucknell, 2008). Nonverbal expressions of fear
may demonstrate lack of consent; and threats may be verbal or nonverbal
(State v. Gossett, 1991; State v. Lewis, 1975; Morris v. State, 1982; Richter v. State,
1982).
FORCE
“Forcible rape” may be defined by nonconsensual anal or vaginal sexual

intercourse committed when a victim is prevented by force or threats from
resisting penetration; or when a victim reasonably believes that resistance
would be futile (La. R.S. 14:42, 2012). In some jurisdictions, nonconsent is
not an element of sexual assault or rape; however, force is an element. Leg-
islatures may seek to punish forced sexual encounters by (1) considering in-
trinsic and extrinsic force; and (2) aggravating charges for offenders who use
weapons or injure victims. Aggravated rape may apply when special classes
of victims are harmed, e.g. senior citizens; or when great force or credible
threats overcome a victim who is prevented from resisting sex acts (La. R.S.
14:42, 2012). Studies show that use of weapons and injuries correlate with in-
creased post-traumatic stress disorder (PTSD) among female victims of sex-
ual assault. These findings may be generalizable to male victims; thus, laws
that aggravate charges for infliction of serious mental or psychological harm
are supported by science (RSA 632-A:2, 2013; Bownes, O’Gorman, & Say-
ers, 1991).
Recent data examined from the National Crime Victimization Survey tak-
en between 1992 and 2002 indicates that serious physical injuries resulting
during rape are rare (Tark & Kleck, 2014). Most self-protection actions taken
before or after forceful and unforceful sexual assault had the effect of reduc-
ing risk of rape completion. Self-protection did not correlate with risk of ad-
ditional serious injury. Thus, victims’ lack of resistance may have a greater
impact of victims’ psychology for reasons that require further study, but suf-
ficiently undergird policies nevertheless. The real evil of forced sex acts is the
degradation experienced by the victim (State v. Ludlum, 1981). Thus, “force”
may be interpreted by legislatures to appropriately address that degradation.
“Forcible compulsion” is another standard used to describe nonconsensu-
al use of force. Forcible compulsion includes threats of kidnapping or injury,
restraint, or confinement (A.C.A. § 5-14-101, 2014; Strawhacker v. State, 1991;
Skiver v. State, 1992). Restraint without consent may occur when an offender
intentionally gains consent for one activity but then physically restrains a vic-
tim throughout another activity; or acts in an unexpected nonconsensual
manner (A.C.A. § 5-11-101, 2014; Mitchem v. State, 2006; State v. Goodreau,
1989). Amount of force used to restrain a victim may not be a factor under
“forcible compulsion” when sexual activity occurs against a victim’s will
(Rounsaville v. State, 2009; West v. State, 1989).
“Forcible compulsion” may be defined as physical force that overcomes
earnest resistance (Richards v. State, 1985). Forcible compulsion may be estab-
lished under the totality of circumstances, which is analyzed using factors
such as the parties’ relative strength; victim’s age; physical state; victim’s
mental condition; and the nature and degree of force used by a defendant
(Richards v. State, 1985; King v. State, 1990). In some jurisdictions, a victim
must have resisted using genuine physical effort that discouraged and pre-
vented a defendant from accomplishing the intended sexual activity (Richards
v. State, 1985). Good faith resistance by the victim must reasonably manifest
nonconsent and actual resistance (State v. Havens, 1978). However, in other ju-
risdictions, victim has no duty to resist compulsion (17-A M.R.S. § 251, 2013).
Resistance may be a fact-sensitive determination; or dependent upon the to-
tality of circumstances (Buchanan v. State, 1976; Carroll v. State, 1975; Shephard
v. State, 1946; State v. McKnight, 1989). The jury may consider the totality of
the circumstances. To prove forcible compulsion, the government may not
Penetration 111
be required to show that a victim physically resisted, but show that under the
circumstances, a victim’s words and conduct amounted to resistance (State v.
McKnight, 1989). Legislatures have substantially enhanced the likelihood of
conviction in ambiguous circumstances by eliminating the requirement that
the government prove “resistance”; and by substantially broadening defini-
tions of “force” and “physical injury.”
Definitions of “coercion” may include psychological pressure or implied
threats. Implied threats that cause a victim to submit or to feel coerced may
constitute intrinsic force. Several jurisdictions recognize intrinsic force stan-
dards. However, several jurisdictions interpret sexual assault elements to re-
quire extrinsic force (Gibbs v. Commonwealth, 2006; KRS § 510.010, 2013). Ex-
trinsic force requires offenders to physically exert some force greater than
force necessary to penetrate. Intrinsic force standards only require noncon-
sensual penetration; force used to penetrate sufficiently meets the elements.
Courts have found that in some circumstances efforts taken to prepare to
commit a crime constitute requisite force (Vargas-Sarmiento v. U.S., 2006).
Force exerted by implied threats may be based on the circumstance or rela-
tionship of the parties. Jurisdictions with force elements may permit any re-
sistance to satisfy the elements. No statutes require earnest resistance to the
fullest of the victim’s capacity. That is an outdated requirement and notion.
In the majority of jurisdictions, resistance to sex acts need not be demonstrat-
ed (State v. Mackor, 1987).
Embodied within the element of force or threat of force is nonconsent.
Nonconsent is subsumed by use of force or threat of use of force. Consent or
nonconsent is a fact that may determine whether an essential element of a
crime is met; nonconsent may determine whether force was used (State v.
Mackor, 1987). Although a victim need not physically resist, resistance may
demonstrate that force was intended (State v. Jones, 2011). However, resis-
tance need not be physical or to the utmost; and no amount or kind of resis-
tance, e.g. interference, may specifically be required. Resistance may be de-
termined by the totality of the circumstances, including shyness, body
weight, age, maturity, and physical size (Benet v. Commonwealth, 2008; People
v. Rollins, 1991; State v. Jones, 2011; State v. LaMere, 1982; Wager v. Common-
wealth, 1988). Because consent and force share an inverse relationship when
a victim lies still without resisting can demonstrate that fear overcame the
victim (People v. Carlson, 1996; People v. Haywood, 1987; People v. Leonhardt,
1988). Thus, stillness may relate with nonconsent; and thus, resistance corre-
lates with force. Subjective implications may occur in a victim’s perspective.
A victim subjectively grants or withholds consent; thus, a defendant’s use of
force vitiates consent (Dinkens v. State, 1976; Perry v. State, 2012).
CONDOMS
Condoms may be worn during rape or consensual sex. Lack of condom

use may be used as evidence of criminal penetration or consent; but neither
condom use nor nonuse definitely indicates consent. Condoms may be worn
by strangers or acquaintances during unlawful penetration; strangers use
condoms. A study of 209 rapes between male stranger victims and offenders
indicated that dominance is a major theme (Lundrigan & Mueller-Johnson,
2013). However, male perpetrators of stranger rape against male victims may
exhibit hostile or controlling behavior by using condoms or not using con-
doms.
Victim-blaming may be associated with lack of condom use (Cusack,
2013a; Cusack, 2013b). Victims may be blamed from contracting diseases
during unprotected sex even if perpetrators knowingly and deceitfully trans-
mitted diseases or transmit diseases without victims’ informed consent. How-
ever, condom use is not required by law. Consent for insemination is not nec-
essarily implied from consent to participate in unprotected sex. Consent for
disease transmission likely must be express consent; though, it may be im-
plied under the totality of the circumstances. Reproductive coercion may re-
sult from nonconsensual insemination. A partner may deceitfully remove a
condom during sex; promise to withdraw prior to insemination to gain qual-
ified consent for initial unprotected penetration; or promise to wear a con-
dom after initial penetration but ultimately fail to wear a condom. Partners
may willfully breach agreements and conditions of qualified consent. In
some jurisdictions, these kinds of breaches may be criminal. Between inti-
mate partners, nonuse of condoms may be associated with reproductive co-
ercion and intimate partner violence (IPV), especially among young people
and married partners. Healthcare providers encountering sexually transmit-
ted diseases (STDs) and unintended pregnancy may screen for IPV. Unde-
sired nonuse of condoms may indicate forced intimacy, sexual abuse, and cy-
cles of violence.
CONCLUSION
Force used to penetrate an unwilling victim may be implied or express;

and consent for penetration may be implied or express. Sometimes, parties’
intentions and actions may only be understood in context by analyzing the
totality of the circumstances. Males and females may perpetrate unprivileged
penetration on male and female victims; however, some crimes have gender
specific-elements. Nevertheless, unprivileged forceful penetration of males or
Penetration 113
females is illegal in every jurisdiction. Unprivileged penetration may result

from sexual aggression between strangers, but it is far likelier to transpire be-
tween intimate partners. Pursuant to cycles of abuse, intimate partners may
willfully nonconsensually transmit diseases or coercively cause their partners
to reproduce.
REFERENCES
§ 566.010 R.S.Mo. (2014).

§ 720 ILCS 5/12-3 (2014).
13 V.S.A. § 3254 (2014).
17-A M.R.S. § 251 (2013).
A.C.A. § 5-11-101 (2014).
A.C.A. § 5-14-101 (2014).
Arizona Rev. Stat. § 13-1401(3) (2014).
Arkansas Code Ann. § 9-27-303 (2014).
Aosved, A.C., & Long, P.J. (2005). College women’s experiences of psychological
maltreatment and sexual assault. Violence and Victims, 20(5), 577-87.
Benet v. Commonwealth, 253 S.W.3d 528 (2008).
Bownes, I.T., O’Gorman, E.C., & Sayers, A. (1991). Assault characteristics and post-
traumatic stress disorder in rape victims. Acta Psychiatrica Scandinavia, 83(1), 27-30.
Buchanan v. State, 169 Ind. App. 287 (1976).
Carroll v. State, 263 Ind. 86 (1975).
C.R.S. 18-3-401 (5) (2014).
C.R.S. 18-3-402 (2012).
Cusack, C.M. (2012). Nonconsensual insemination: Battery. Journal of Law and Social
Deviance, 3, 78.
Cusack, C.M. (2013a). Comparative sexology: Nonconsensual insemination in the
Cusack, C.M. (2013b). Nonconsensual seminal transmission. Criminal Law Bulletin 1,
49.
Cusack, C.M. (2014). 50 state survey of prosecutors’ willingness to prosecute non-
consensual insemination. Family and Intimate Partner Violence Quarterly 26, 7.
Dinkens v. State, 546 P.2d 228 (1976).
FL Stat. §794.011 (2014).
Gibbs v. Commonwealth, 208 S.W.3d 848 (2006).
Gunter v. State, 665 So. 2d 1008 (1995).
Hamill v. State, 602 P.2d 1212 (1979).
Herrel v. Commonwealth, 28 Va. App. 579 (1998).
HRS § 707-732 (2013).
Idaho Code § 18-6101 (2014).
Ind. Code Ann. § 35-42-4-8 (2013).
King v. Commonwealth, 183 S.E. 187 (1936).
King v. State, 574 So. 2d 921 (1990).

KRS § 510.010 (2013).
K.S.A. § 21-5505 (2014).
La. R.S. 14:42 (2012).
La. R.S. 14:43.1 (2014).
Lundrigan, S., & Mueller-Johnson, K. (2013). Male stranger rape: A behavioral mod-
el of victim-offender interaction. Criminal Justice and Behavior. DOI:
0093854812474451
Lynch v. State, 262 Ind. 360 (1974).
McGill v. Alaska, 18 P.3d 77 84 (2001).
Md. Stat. §3–301 (e)(1) (2013).
Miss. Code Ann. § 97-3-95-97 (2014).
Mitchem v. State, 96 Ark. App. 78 (2006).
Mont. Code Anno. § 45-2-101 (2014).
Morris v. State, 644 P.2d 170 (1982).
N.C. Gen. Stat. § 14-27.5A (2014).
NH Stat. §632 (2013).
NY Stat. § 130.05 (2013).
Oberman, M. (1994). Turning girls into women: Re-evaluating modern statutory
rape law. Journal of Criminal Law and Criminology, 85(1), 15.
O.C.G.A. § 16-6-22.1 (2013).
O.C.G.A. § 16-6-22.2 (2013).
ORC Ann. 2907.03 (2013).
People v. Carlson, 278 Ill. App. 3d 515 (1996).
People v. Haywood, 118 Ill. 2d 263 (1987).
People v. Leonhardt, 173 Ill. App. 3d 314 (1988).
People v. Rollins, 211 Ill. App. 3d 86 (1991).
Perry v. State, 962 N.E.2d 154 (2012).
Richards v. State, 475 So. 2d 893 (1985).
Richter v. State, 642 P.2d 1269 (1982).
Rounsaville v. State, 2009 Ark. 479 (2009).
RSA 632-A:2 (2013).
Scoggan v. State, 799 S.W.2d 679 (1990).
Senate Bill 967, “Yes Means Yes” (2014).
Shephard v. State, 224 Ind. 356 (1946).
Singleton v. State, 16 So. 3d 742 (2009).
Skiver v. State, 37 Ark. App. 146 (1992).
State v. Ayala, 178 Ariz. 385 (1994).
State v. Baby, 404 Md. 220 (2008).
State v. Bucknell, 183 P.3d 1078 (2008).
State v. C.H., 624 A.2d 53 (1993).
State v. Fears, 659 S.W.2d 370 (1983).
State v. Goodreau, 560 A.2d 318 (1989).
State v. Gossett, 119 Idaho 581 (1991).
State v. Greensweig, 103 Idaho 50 (1982).
Penises 19
stances to determine whether police had a reasonable suspicion justifying an

investigatory stop.
Police may frisk people detained for a reasonable amount of time. Frisks
are justified under the Constitution because they are based on officer safety.
Officers may frisk to discover weapons. However, officers are not required
to ignore contraband discovered during a frisk (U.S. v. Bustos-Torres, 2005;
U.S. v. Campbell, 2008; U.S. v. Johnson, 2000; U.S. v. Most, 1989; U.S. v. Rogers,
1997; U.S. v. Raymond, 1998; U.S. v. Rivers, 1997; U.S. v. Yamba, 2007). During
a pat-down officers may feel objects inside pockets or clothing. If a plain feel
of items immediately makes apparent to officers that items are contraband,
then officers may seize that contraband (Minnesota v. Dickerson, 1993; Annual
Review of Criminal Procedure, 2013). Officers’ experience and knowledge may
inform them about the likelihood that certain shapes or textures are contra-
band (Lamartina, 2013; McCracken v. State, 2012). However, under the plain
feel doctrine, officers cannot palpate objects. It is a violation to squeeze or
excessively manipulate objects during an investigatory stop and weapons
frisk. If officers have a reasonable suspicion that criminal evidence is present
within a container, then they may call a K-9 unit or obtain a warrant to
search the container. If the contents can be inferred, then no warrant is nec-
essary.
Police have been alleged to commit sexual violations during frisks. False
accusations against police are discussed in Chapter 15. In many cases, viola-
tions are intentional. At other times they may result from improper frisk pro-
cedures. For example, social media circulated a video of a young man being
frisked by police. An officer felt an object in the young man’s waistband, but
the object’s contents were not immediately apparent to be contraband. The
officer returned to the object a second time and palpated the object
(Youtube.com, n.d.). He asked the young man to identify the object. The
young man identified that the object was his penis. The young man was not
in handcuffs; thus there is reason to believe that the young man was being
detained and frisked under Terry v. Ohio (1968). Under Terry v. Ohio (1968),
Dickerson’s plain feel holding would apply. Thus, the officer should not have
squeezed the young man’s penis.
CONCEALMENT
Drug dealers attach drugs to their penises using strings or tape. Their goal
is to minimize police’s ability to detect drugs during frisks. For example, a
suspect was arrested after marijuana was discovered in his car (Bender,
2012). During a search incident to arrest, arresting officer discovered a large
bulge in a suspect’s pants. At the police station, officers discovered that a
Chapter 10
TRANSGENDER AND TRANSVESTITE
INTRODUCTION
S ocietal institutions and professional organizations label some sexualities

as problematic. Each institution decides it norms. Norms may be estab-
lished to create consistency and preserve tradition; or they may be designed
to protect individuals who deviate and increase risk. Transvestism and trans-
sexualism, i.e. transgenderism, are deviant behaviors and lifestyles that may
be unacceptable to some groups. Generally, they ae not considered to be
mental disorders unless they cause psychosocial or social problems, which
they often do. Transgenderism significantly increases risks for numerous se-
rious harms due to social, psychological, behavioral, and sexual problems. In
recent years, the criminal justice system has increased its response to prob-
lems associated with transgenderism and gender.
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL

DISORDERS, 5TH EDITION (DSM V)
Gender roles may delimit dress codes, appearance, and behavior. Gender
roles for men and women may overlap, but may be immiscible to some ex-
tent due to perceived or genuine natural, social, and useful differences. Gen-
der-bending may flout norms; and seem to be a disorder. Transvestism is a
type of gender-bending in which people, typically heterosexual men, occa-
sionally dress in clothing typically worn by members of the opposite gender.
Transgender people exhibit gender traits associated with roles ascribed to
members of the opposite sex. They may routinely dress in conformity with
the opposite gender; may exhibit personality characteristics normally pre-
sented by members of the opposite gender; and some may wish to be viewed
116
Transgender and Transvestite 117
and treated as members of the opposite gender. Their desire to be identified

as members of the opposite gender may be satisfied even though they iden-
tify as trans; or identify them as trans, i.e. other people know that they have
transitioned from one gender to another. Some may wish to fully transition
to pass for a biological member of the opposite gender. However, some in-
dividuals’ biological characteristics may determine the extent to which they
are able to stealthily live as a member of another gender without raising sus-
picion, i.e. being unclockable.
Transgenderism may be a disorder. Many transgender individuals may
suffer from gender dysphoria or gender dysmorphic disorder, which causes
them to strongly desire to have primary or secondary sex characteristics of
the opposite gender; to be rid of their biological primary or secondary sex
characteristics; possess strong feelings or desires to be treated as a member
of the opposite sex; or sincerely believe that they identify emotionally and
psychologically with the opposite gender rather than one’s biological gender.
The touchstone of mental disorder is that they cause interpersonal or person-
al problems or distress beyond problems caused by violating social norms.
For example, the Diagnostic and Statistical Manual of Mental Disorders 5th edi-
tion (DSMV) criteria for transvestic disorder specified with autogynephilia re-
quires that intense urges to cross-dress and arousal to fantasies of oneself as
a woman significantly impair social or occupational functioning.
Some transgender advocates and critics of DSMV classifications argue that
transgender individuals should not be seen as pathological, but rather, they
should be viewed as members of holistic and diverse societies. Stigmatization
may result in abuse and ostracization; thus, labeling transgenderism as a dis-
order may only add trauma and increase risks associated with mental disor-
ders. Furthermore, childhood transgenderism may evolve into a permanent
gender identity or children may transition into normative gender roles by ex-
perimenting with cross-dressing.
Some mental health approaches may be too quick to group childhood
cross-dressers with people who suffer from gender dysmorphia thereby forc-
ing or suggesting to children that they should adopt attitudes about need for
hormones or surgery (Israel, 1998). Thus, mental healthcare providers may
take cautious and patient-oriented approaches utilizing biopsychosocial
models that consider age, environment, duration and intensity of interest,
and other factors. Healthcare providers should preemptively screen all trans-
gender patients, especially children, for undisclosed abuse. Transgender chil-
dren may repeatedly have been subjected to physical and psychological
abuse due to stereotypes about nonnormative behavior, i.e. gender identity
developmental repressive abuse. However, some children are forced to
cross-dress. They may be repeatedly abused and humiliated by cross-dress-
ing. They may autonomously or forcibly carry over this behavior through
adolescence. Carrying over may relate to threat of outing, coping strategies,

environment, safety risks, and other factors. Thus, screening may facilitate
disclosure of abuse and permit children to escape imposition of transvestism
and transgenderism.
GENDERED RULES
Some transgender individuals face unique complexities arising from dress

codes, pat-down procedures, post-arrest jail searches, and sex-segregated
holding cells (Lavers, 2012; Markos, 2014). Decency laws, i.e. local ordi-
nances or criminal codes, often differentiate between males and females, i.e.
female nipples and male penises. Decency laws articulate which physical at-
tributes correlate with males and females. Males may be proscribed from ap-
pearing in public in a state of turgidity; and females may be proscribed from
exhibiting their nipples, areolas, or breasts below the areola (Ind. Code § 35-
45-4-1, 2014). Application of decency laws to transgender females may turn
on whether individuals are preoperative or postoperative. These standards
may seem relevant or specious when preoperative transgender females ap-
pear topfree in public before top surgery (Cusack, 2012). A person’s genitals
may determine whether decency laws are violated when bare breasts are ex-
hibited irrespective of whether genitals are visible to the public at the time of
alleged indecency. Female appearance or exhibition of breasts could result
in arrest; but determination of a defendant’s sex or gender may be an issue
for the fact-finder (R v. Cogley, 1989). Laws or policy may require suspects to
be classified according to their presented genders; and some police officers
may exercise discretion by enforcing laws or ordinances against suspects ac-
cording to the gender norms with which suspects identify. Members of the
justice system may believe that it would be unfair to permit preoperative trans-
women to appear topfree in public because the law permits it for cis males,
i.e. biological males presenting male gender. Arguably, it may be similarly
unfair to permit preoperative transmen to wear prosthetics that cause the
public to believe that they are in a state of turgidity in violation of decency
laws. Theoretically, fact-finders could determine whether pre-operative
transgender persons were “passing” to a degree that created a duty to abide
by certain gender-specific decency standards. If transpersons do not “pass”
as their presented genders, then perhaps they have a duty to obey decency
laws applicable to their biological sexes. A fact-finder may determine a de-
fendant’s general intent to appear in public as a member of a particular gen-
der. A number of possible policies could address legal and social ambiguities
about the definition of “male” affecting the criminal justice system; and con-
temporized understandings of masculinity and maleness could better serve,

protect, and identify males; as well as protect the public from indecent male
and female exhibitionism.
When preoperative transgender women are in police custody, they may
be placed in holding cells with men or in a men’s ward (Brydum, 2013).
Transgender women may be held while wearing women’s clothing; they may
have breast implants; they may use female names; or they may exhibit other
characteristics that draw attention, harassment, or abuse from males. Several
individuals have reportedly been placed in holding cells with members of
their biological genders. Transwomen have been groped, threatened, verbal-
ly abused, and humiliated by being forced to disrobe or urinate in front of
men. They have been denied placement in female holding cells despite hav-
ing received a court-ordered gender change. Transgender people may be
placed in holding cells with members of the same presented genders if they
have legally changed their genders; are postoperative; have no public
records accessible to police specifying their biological sexes; and they pass
for members of their reassigned gender. If suspects tell police that they are
members of their presented genders, and officers feel that they are being mis-
led by inaccurate information, then they may charge transgender suspects for
interfering with police investigations or falsifying information. Some trans-
gender individuals bring Eighth Amendment claims for cruel and unusual
punishment. Frequently, Eighth Amendment claims fail because defendants
cannot demonstrate that police treated a serious medical condition with de-
liberate indifference. Being transgender or placed in custody with members
of the opposite gender is not generally considered to be an imminent med-
ical threat. However, extended isolation justified for inmates’ protection may
violate the Eight Amendment or due process (Gelin, 2014).
Strip searches may be standard procedure when felons are taken into cus-
tody, or may be discretionary if officers reasonably believe that misde-
meanants are concealing contraband. Anomalous genitals, i.e. extra fabric in
a groin area, may appear to be contraband. Thus, transgender individuals
may be routinely lawfully subjected to strip searches (Tucker v. Evans, 2009).
Many prison facilities’ policies accommodate transgender inmates by requir-
ing them to be strip searched by members of the same gender presentation
(Van Dyke, 2013). During stop-and-frisk or during a custodial search, there is
no general constitutional right to be frisked by a member of the same pre-
sented or biological gender. Though, jurisdictional laws, agency policy, or of-
ficer discretion could result in same-gender pat-downs. Additional contro-
versy may arise when transgender recidivists, who were previously recog-
nized as members of nonbiological gender, are subjected to criminal justice
procedures typically used for members of their biological sex (The Center
for Constitutional Rights and the National Lawyer’s Guild, 2010). A transper-
son previously booked as a presented sex may be awarded damages for civil
rights violations if the person is strip searched by members of the criminal
justice system who wish to discover the arrestee’s gender.
POST-CONVICTION
Transvestites and transgender (transgender) inmates and delinquents (in-

mates) may be challenged by post-conviction sentences and requirements
because inmates are usually classified by their genitals, i.e. penis or vagina.
In some jurisdictions, transgender inmates may be required to abstain from
wearing opposite-gender clothing or engaging in their lifestyles. In prison,
they may be required to dorm with members of their biological sexes; or
they may be required to dorm with members from their presented genders
depending on their genitals, safety risks, and prison policies. Transgender in-
mates may receive psychological or medical treatment in prison to assist
transitioning (Wester et al., 2010). Counseling may be necessary to deal with
the stress of being transgender in incarceration and treatment may address
past and current trauma (Patton & Reicherzer, 2010).
The presence of transgender inmates in corrections may be difficult for
corrections officials and officers. Some transgender inmates have been kept
in total separation (Medina-Tejada v. Sacramento County, 2006; Tates v. Blanas,
2003). In county jail, dangerous, high risk, or threatened inmates are usually
on total separation status. Some institutions have placed transgender inmates
in total separation for the duration of their sentences. Often, this practice has
been held to violate the Constitution. Total separation may deprive inmates
of recreation, mobility, religious services, and socialization; and it may re-
quire inmates to be shackled even though they pose no threat. Total separa-
tion may be undeserved severe punishment. While Eighth Amendment con-
stitutional claims for cruel and unusual punishment have often prevailed,
equal protection claims have been less successful because courts have held
that inmates do not have a right to be placed in particular facilities; thus, they
are not discriminated against when they are placed into certain facilities
(Crosby v. Reynolds, 1991; Lamb v. Maschner, 1986; Long v. Nix, 1995; Lucrecia v.
Samples, 1995; Meachum v. Fano, 1976; Meriweather v. Faulkner, 1987). Similar-
ly, cis female and cis male inmates do not have a right to privacy that is vio-
lated when transpersons are housed with them (Crosby v. Reynolds, 1991).
Inmates may request treatment for Gender Identity Disorder. In progres-
sive institutions, they may receive hormone therapy or gender reassignment
surgery. Some inmates are diagnosed with Gender Identity Disorder after
sentencing (Gammett v. Idaho State Bd. of Corrections, 2007). Inmates may re-
quest treatment, but may be denied treatment. For example, Bradley Man-
ning, a U.S. soldier convicted of submitting classified government docu-
ments to Wikileaks, requested support with gender transitioning from Fort
Leavenworth military prison (Gabbatt, 2013). Fort Levinworth only offers
psychiatric treatment. Although the U.S. military continues to refer to Man-
ning as male, a legal name change was granted so that Manning must be re-
ferred to as Chelsea Manning. In some cases, inmates have become dis-
traught or depressed after being denied treatment. Inmates have resorted to
drastic measures to transition, but these measures may fail to help inmates
transition. Some may smuggle paraphernalia and medicine into prisons de-
spite knowing that contraband hormones may be confiscated. Others may
self-harm to generate medical attention. For example, one inmate surgically
removed his own testicles. After the inmate self-castrated, prison officials re-
sponded by offering him treatment to replace testosterone. However, they
denied him access to estrogen.
Some courts have held that generally denying transgender inmates means
to achieve a desired gender identity violates the Constitution. General denial
of access to hormone therapy has been held to violate the Constitution when
medical evaluations are not individualized (Allard v. Gomez, 2001; Fields v.
Smith, 2010). One court held that policies could not prohibit inmates in male
facilities from possessing bras (Tates v. Blanas, 2003). Prison officials were in-
structed by the court to weigh the safety threat of a bra against harm caused
to an inmate denied access to a bra. However, transgender inmates who are
placed into corrections populations with members of their presented genders
must abide by rules applicable to members of that gender. For example, a
transgender female may be required to wear a bra (Murray v. U.S. Bureau of
Prisoners, 1997). Failure to wear a bra may result in punishment, e.g. segrega-
tion from the general population.
Prison officials are placed in a difficult position because transgender in-
mates have brought Eighth Amendment law suits claiming that prison offi-
cials were callously, wantonly, or deliberately indifferent to their safety.
Placement in the general population with males can be extremely dangerous
for transwomen. They are approximately 10 times likelier to be sexually as-
saulted than men; and research demonstrates that they may be more likely
to be sexually assaulted than not sexually assaulted, i.e. 59 percent of trans-
gender females in male facilities reported sexual victimization while in
prison ( Jenness, 2007). Prisons may be liable when placing inmates in the
general population creates a substantial risk that inmates will be harmed and
prison agents fail to take reasonable measures to remedy the risk of harm due
to indifference or deliberately callous behavior (Farmer v. Brennan, 1994).
Thus, courts have held that inmates are entitled to be placed in protective
custody. This demonstrates why policies and decisions involving transgender
inmates may be complex and susceptible to criticism depending on individ-

ual inmates’ desires; threats present in individual corrections facilities; prison
resources; and societal perceptions of total separation (Maggert v. Hanks,
1998). Alternative responses may include modified intake procedures that
determine whether inmates are genuinely transgender; modified strip
searches may require male guards to search a transwomen’s lower torso
while a female guard searches the inmate’s upper torso; and assignment to a
medical unit for inmate safety (Van Dyke, 2013). However, inmates medical
or psychiatric facilities who create a risk of harm or are violent may be
placed in secure facilities with members of the opposite gender presentation
(Luciew, 2014).
HATE CRIMES
Transgender individuals are targets for hate crimes. Hate crimes motivated
by transgender victims’ gender identities may violently manifest prejudice
(Stotzer, 2008). Transgender victims may underreport targeting. Hate crimes
may be complex and relate to overlapping bigotries including racial, sexual,
socioeconomic, and gender prejudice. Transgender people may be more
likely to pertain to lower socioeconomic brackets due to trauma, poor coping
skills, familial and social disenfranchisement, and difficulty blending into
mainstream society (Stotzer, 2009). Thus, transgender people may be more
likely than members of the general population to commit suicide and suffer
mental illness that prevents them from maintaining stable employment. Data
collected from self-reporting, hotlines, human service records, and police re-
ports indicated that transgender people likely experience violence through-
out childhood. They may experience multiple kinds of violence and several
incidents of violence. The threat of violence may loom throughout their
lives, becoming a focal point in cycles of violence. Sexual victimization is
more prevalent among transgender individuals, who are at increased risk for
sexual violence throughout their lives.
Many transgender people are homosexual (Dank, Lachman, Zweig, &
Yahner, 2014). Because they violate sexual and gender norms, transgender
individuals may be vulnerable to violence within intimate relationships stem-
ming from internalized homophobia and patriarchal attitudes. Transgender
homosexual youth may experience intimate partner violence physically, psy-
chologically, sexually, and virtually. A cross-sectional study of 5,647 youth
was comprised of 51 percent female respondents and 74 percent white re-
spondents. Approximately two-thirds reported having been in an intimate
relationship over the past year. Results were consistent with literature and
anecdotal evidence demonstrating that homosexual and bisexual youth are

at increased risk for all forms of intimate partner violence, which includes
hate crimes. In comparison to heterosexual youth, bisexual youth, and ho-
mosexual youth, transgender and female youth are most likely to be victim-
ized. Yet, contrary to the majority of literature, but consistent with emerging
research, this study found that transgender and female youth are also likeli-
est to perpetrate any form of intimate partner violence except sexual coer-
cion.
MILITARY
Transgender individuals are prohibited from serving in militaries around

the world, e.g. Canada and Australia (Mendez, 2014; Waranius, 2011; Witten,
2007). The U.S. military policies prohibit transvestism that brings discredit to
the service under the Uniform Code of Military Justice (UCMJ) Article 134;
and people who have had operations on their genitals are unable to join or
serve. Transgender individuals may not legally take hormones intended to af-
fect gender traits while serving in the military. Entrance into the military re-
quires physical and mental examinations. Disclosure or discovery of trans-
gender identity will likely result in rejection.
Many militaries reject transgender individuals, who are presumed to be
unfit for service. Unfitness may be psychological or physical. Gender reas-
signment surgery is labeled as a major abnormality or a major genital defect.
Disclosure, misinformation, or subsequently discovered nondisclosure of
gender reassignment or transgenderism will likely result in discharge and
possibly penalties. Military medical providers are not required to maintain
confidentiality. Members who disclose transgenderism to military healthcare
providers may likely be reported to their chains of command. Cross-dressing
disorders may result in discharge or rejection for psychological unfitness.
Despite political and organizational resistance to transgender participation
in the military, members of the military recently performed on a base for the
first time in drag; performers included male and female heterosexuals and
homosexuals (Nye, 2014). Yet, abundant anecdotal evidence exists that ser-
vicemembers have generally participated in festivities involving cross-dress-
ing. For example, servicemembers may dress in costumes portraying mem-
bers of the opposite gender at costume parties.
Approximately 15,450 transgender people are believed presently to serve
in the military. Of these, approximately 8,800 are active-duty and 6,650 are
National Guard members. Among veterans, approximately 134,350 are
transgender. Thus, research focusing on transgender populations in the mili-
tary estimates that transgender Americans are 300 percent more likely to
serve than are nontransgender servicemembers. One reason may be mem-
bers’ ability to hide behind uniformity and hypermasculine gender confor-
mity. Department of Veteran’s Affairs (VA) directly addresses male-to-female
(mtf) and female-to-male (ftm) transgender people; and describes them as
transsexual. The Veterans Administration (VA) recognizes gender identity
disorder as conflict between gender assigned to one’s biological sex and a
gender with which one feels comfortable. The VA may provide psychologi-
cal and physical health services for transgender veterans; however, the mili-
tary will not (Public Law 104-262, 1996; TAVA, 2013). Generally, VA will not
pay for gender reassignment surgery for gender identity revision due to gen-
der alteration policies. Application of gender alteration policies to hormone
therapy seems to be discretionary. Thus, some doctors may prescribe hor-
mones. Veterans may request to have their names changed in VA databases.
Postoperative transgender veterans may forward letters from medical doc-
tors confirming successful gender reassignment surgery to have their gender
markers changed in VA databases. New ID cards will be issued for verified
postop mtf and ftm. Veterans may request gender marker changes with the
Department of Defense (DOD). Court orders granting name changes and
notarized letters from surgeons having performed gender reassignment surg-
eries must be submitted to DOD.
GENDER FRAUD
Critics of closeted transgenderism argue that transvestite and transgender

individuals have an ethical duty, or ought to have a legal duty, to disclose
their biological sexes to their intimate partners. Counterarguments are that
medical history is private and disclosure may be discretionary; or possibly,
contrary to transpersons’ well-being and safety. Attempting to “pass” in inti-
mate relationships, i.e. stealthily conceal biological sex while presenting an-
other gender identity, has been compared to online “catfishing.” In catfish
schemes, offenders attempt to bait victims by pretending to be age-appropri-
ate or gender-appropriate romantic interests (CBS, 2012; FBI, 2014). Some-
times offenders assume identities belonging to other people. Critics argue
that, at a minimum, preoperative transgender people should be penalized for
intentionally disguising their genitals during sexual intimacy; it has been la-
beled as “fraud in fact” and “nonconsensual sex.”
The law requires sexual consent to be knowing. Critics argue that with-
holding information about biological sex or disguising evidence of one’s le-
gal sex eviscerates knowing consent. Many statutes protect victims from be-
ing sexually violated while unconscious. Typically, these statutes have been
interpreted to protect victims who are sleeping or intoxicated. However,
some statutes specify that a victim who is unaware is incapable of consenting.
Thus, critics argue that intimate partners ought to be made aware prior to
granting consent for any sex acts, i.e. having sex with a transgender person.
Being unconscious of the nature of sexual activity may mean that a victim
was not cognizant of an act; did not perceive an act; or was a victim of fraud
in fact. However, transgender advocates may argue that if transgender indi-
viduals only engage in consensual contact and avoid creating unknowing
contact with their biological genitals, then they have not engaged in noncon-
sensual sex acts. Under most circumstances, the law does not require trans-
gender or any other individuals to disclose any details about their identities;
the law only requires consent for sexual activity, e.g. fellatio, cunnilingus, or
penetration. Yet, the law may prohibit sexual substitutions that possibly alter
the scope of consent. For example, if a partner consents to be penetrated by
a penis, then perhaps consent for object penetration has not been granted;
similarly, if a partner grants consent to penetrate vaginally, but is unaware
that an intimate partner is being penetrated anally, then perhaps nonconsen-
sual sex acts have been perpetrated.
If transgender individuals are alleged to have perpetrated sex assault, then
they may attempt to defend by claiming defense of mistake of consent. This
defense has a subjective component and an objective component (People v.
Williams, 1992). To meet the subjective component, a defendant must show
that in good faith he or she made an honest mistake by believing that a vic-
tim consented to sexual intercourse. A victim’s conduct must demonstrate
why a defendant mistakenly believed that a sex act was consensual. For ex-
ample, a defendant may claim that a victim appeared to enjoy particular sex-
ual acts and verbally granted consent. To meet the objective component a de-
fendant’s mistaken belief in consent must be reasonable under the circum-
stances. Even the most honest mistake will be indefensible if it is not reason-
able “under circumstances society will tolerate” (People v. Williams, 1992).
Thus, a defendant may claim that a victim never asked about gender; and
never specified scope for sexual activity or qualified consent, e.g. that con-
sent for penetration excluded consent for object penetration. Yet, the totality
of the circumstances may demonstrate that a defendant actively took mea-
sures to conceal and deceive a victim to cause a victim to remain unaware of
which sex acts occurred.
PROSTITUTES
Some fetishists and johns create demand for transgender prostitutes. Sup-
ply often relates to transgender teens’ and adults’ ostracization from society,
disconnection from family, and self-medication and addiction. Often, prosti-
tutes are available because they lack other means to support themselves dur-
ing crises. Low income correlates with numerous other serious problems
among transvestite prostitutes. A study of 53 transvestite prostitutes analyzed
social organization and networks in Atlanta (Boles & Elifson, 1994). HIV
rates varied significantly depending on geographic location. Three areas had
rates of approximately 81 percent, 63 percent, and 13 percent. One differ-
ence is that transvestite prostitutes in the geographic region with the highest
HIV rate were socially isolated due to their strong commitment to trans-
vestism. This group reported that they earned less that the other groups.
Thus, there may be several linkages between transgenderism, poverty, social
isolation, and prostitution. The group with the highest HIV transmission rate
was most likely to have histories of syphilis, irregularly use condoms, and
participate in receptive anal sex. Transvestite prostitutes with lower HIV-
transmission rates were less socially isolated. They reported greater integra-
tion into nontransvestite social networks; and were reportedly less commit-
ted to a transvestitic lifestyle. The group with approximately 13 percent
transmission rate was integrated with non-transvestite male prostitutes.
These connections were likely to affect HIV transmission rates because non-
transvestite prostitutes discouraged transvestite prostitutes from inconsistent-
ly using condoms. Integrated social organization also correlated with dis-
couragement from receiving anal sex, especially without condoms. Early
studies consistently demonstrate that transgender prostitute populations ex-
perience high rates of sexually transmitted disease (STD). In one study of 53
transvestite prostitutes in Atlanta, 68 percent were HIV positive; 81 percent
tested positive for syphilis; and 80 percent tested positive for hepatitis B.
Syphilis and the African American race were predictive of positive HIV sta-
tus (Elifson et al., 1993). Drug use also correlated with infection. In general,
drug use tends to correlate with trauma and sex work.
UNDERCOVER
Government agents may assume fictitious identities while working under-

cover. In sting and reverse sting operations, government agents may pose as
johns, i.e. sex work patrons, to solicit prostitutes. Officers may locate trans-
gender prostitutes through websites or advertisements (CBS, 2012). Street-
level transgender prostitutes may be clocked, i.e. believed to be transgender

based on appearance; or they may have criminal records. Police may target
recidivists or transgender individuals who are likely to be prostitutes. Typi-
cally, police may have probable cause to arrest transgender prostitutes when
police pose as johns and make an agreement to exchange payment for sex.
However, some transgender individuals allege that they are profiled by po-
lice. For example, an offender in Arizona claimed that she was targeted by
police for an ordinance violation of manifesting prostitution (Brydum, 2014;
Cassidy, 2014). She was arrested and convicted by the lower court because
she walked along a street speaking to members of the public and then accept-
ed an offer for a ride from an undercover officer. The offender claimed that
ordinances that criminalize talking on public walkways violate First Amend-
ment free speech; and that police held subjective perspectives of transgender
people that biased their perceptions of her. Due to potential prejudices or ig-
norance, some government agencies provide sensitivity training; training on
probable cause and prostitution; training about transgender victims of vio-
lence; and training on transgender individuals working with police in differ-
ent capacities (Perl, 2011). Training prepares officers to confront the problem
of prostitution; and not focus on transgender prostitution. Increased aware-
ness, policy instruction, and education facilitate development of objective
perspectives among police officers.
Government agents may cross-dress while undercover (Lohr, 2014). They
may dress as transvestite prostitutes to entice johns to solicit undercover of-
ficers; and perhaps, to gather information or evidence about sex crimes. In
one case, an officer posed as an Amish woman for two months to entice an
exhibitionist to expose himself (see Figure 10.1). The officer had been unable
to gather sufficient evidence to convict the exhibitionist who had been ex-
posing himself to Amish children. The exhibitionist was arrested in another
jurisdiction before the cross-dressing sting led to an arrest. On occasion, un-
dercover cross-dressing can be dangerous (American-Israeli Cooperative En-
terprise, 2014). For example, in 1973, Israeli intelligence obtained informa-
tion about members of the Palestinian Liberation Organization (PLO). To
come into close proximity with PLO, Israeli officers dressed as female
tourists. They rehearsed female appearance; and then portrayed romantic re-
lationships with undercover male officers.
Figure 10.1. Sergeant Chad Adams undercover as Amish woman.
CONCLUSION
Law enforcement and military branches are masculine institutions. In re-

cent years, they have relaxed their standards to permit social displays of
cross-dressing and utilize cross-dressing tactics to reconnoiter. The Diagnostic
and Statistical Manual of Mental Disorders 5th edition (DSMV) has also altered
its definitions of transvestic paraphilia and gender dysmorphic disorder to
recognize that some forms of transgenderism are not problematic. Neverthe-
less, transgender individuals have high risks for HIV transmission, substance
abuse, physical abuse, prostitution, and hate crimes.
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Feb. 27, 2006).
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Chapter 11
PHALLIC CJ SYMBOLS
INTRODUCTION
W eapons are associated with masculinity; and thus, they are often asso-
ciated with penises. Numerous scholars and critics have observed that
many weapons are shaped like penises, i.e. are phallic symbols. Weaponiza-
tion of nations, states, localities, and homes has primarily related to male ar-
mament (Myrttinen, 2003). Most gun owners are male. Traditional masculine
gender roles tend to tolerate or encourage defensive, empowered, and au-
thoritative attitudes that rely on weapon ownership to achieve a sense of safe-
ty and security. Masculine gender roles instilled in young boys often include
playing with toy weapons. Children may become aware at a young age that
weapons appear to be shaped like phalluses, and may also symbolize mas-
culinity and authority.
PROJECTILES: BULLETS, MISSILES, AND ARROWS
Symbolic connections between governance and projectile weaponry are

not subtle; they are often blatant and intentional. For example, several fed-
eral symbols use arrows as symbols, including the great seal featuring an ea-
gle clutching thirteen arrows. Some agencies intentionally ritualize
weaponization with gendered symbolism. For example, rituals involving
handling missiles allegedly involve or may be portrayed to involve personi-
fication of missiles, e.g. soldiers may refer to missiles as “babies” (Asteroid v.
Earth, 2014; Myrttinen, 2003). Missiles are hard and destructive unlike ba-
bies delivered by women’s genitals, which are soft and vulnerable. Describ-
ing a missile as a “baby” implies that penetration was successful ex-ante; and
declares ultimate victory.
132
Phallic CJ Symbols 133
Actually and symbolically, projectile weapons permit aggressors to dis-

tance themselves from penetration. Weaponry eliminates potential risks that
result when an aggressor penetrates using his penis. A projectile weapon ex-
tends symbolic prowess and actual force over feet or miles. Enemies may be
armed, but pose no threat to an aggressor at a distance. Virility and acuity
become associated with conquering armed male opponents. Thus, skill and
power are demonstrated through distanced attacks. For example, bullets
fired from a distance may penetrate armor, walls, and flesh; and missiles
fired from yards or miles away may penetrate roads, cities, and fortresses.
Despite their effectiveness, use of projectile weapons to establish dominance
has been associated with male anxiety about emasculation and loss of privi-
lege (Myrttinen, 2003). Yet, males seeking power may justify using projectile
weapons to gain power by claiming that their empowerment serves to pro-
tect others. Thus, projecting weapons at a distance may not be perceived as
cowardice; it may be used to portray protectiveness, paternalism, and lead-
ership.
Bullets, arrows, and missiles penetrate men and women. Men who they
penetrate may be hypermasculine; males buck traditional heteronormative
and monogamous gender roles by experiencing satisfaction when handling
weapons. Armament may involve tense and competitive needs to display
prowess, i.e. penis envy, but use of weapons releases tension by permitting
men participating in hypermasculine gender roles to penetrate other men to
satisfy desires for power and dominance (Mann, 2014). Ultimately, homo-
erotic undertones and hypermasculine attitudes become cogent as masculine
men conquer worthy competitors transforming them into subordinated
losers. Use of penetrative weapons is intended to be a zero sum game that
metaphorically results in the winner achieving ultimate masculinity by
demonstrating better weaponry and penetrative power, while the loser be-
comes an emasculated and penetrated target that may possibly be forced to
deal with aggressor’s destructive “baby.”
Relationships between male aggression and sexualization of weaponry
may be multitiered (Felson & Krohn, 1990). Male soldiers use rape as a
weapon of war (Alexis, 2014; Kirby, 2012). When rape involves weapons, in-
cluding undischarged projectile weapons, victims may be likelier to be in-
jured. Thus, weaponization of sexual aggression and sexualization of warfare
are not exclusively metaphoric or symbolic. Utilitarian aims to inflict greater
injury and impose dominance are satisfied by rape. Weapon use during sex-
ual assault correlates with victims being forced to perform sex acts on offend-
ers; thus, weapons are phallic symbols that directly correlate with dominance
and conscription (Cale & Leclerc, 2012).
SWORDS, KNIVES, AND BATONS
Swords are issued to some military servicemembers. Rape sword laws per-
mit prosecutors to introduce relevant evidence of a defendant’s sexual histo-
ry for its probative value (Capers, 2013). Rape shield laws protect victims of
rape from being cross-examined about irrelevant sexual history. Before rape
shield laws, victims were insinuatingly cross-examined about past sexual be-
havior to raise reasonable doubts about allegedly forced sex. Thus, symbolic
connections between swords, aggressive penetration, and sexual violence are
much deeper than mere allusions.
Swords are part of American culture, fantasy, and entertainment. Movies,
television shows, plays, and other forms of entertainment depict swashbuck-
lers, pirates, princes, knights, pages, kings, soldiers, villains, heroes, and ar-
chetypes using swords. Most of these characters are male; even though audi-
ences are often male and female. Depictions of swords are closely linked
with masculinity; but they seem to be portrayed or perceived as being less
violent than depictions of guns. This may be because they are perceived as
antiquated, whimsical, or perhaps, biblical due to narratives in which swords
as depicted. Children’s entertainment often depicts swords. Boys are given
toy swords without much ado; and they may be encouraged to design their
own imaginary toys (Myrttinen, 2003). They may imagine that natural ob-
jects, e.g. sticks, are swords. Masculine constructs may encourage boys to
bond with the concept of swords; and girls may be conditioned to expect he-
roes to use swords to rescue protagonist females. Thus, role playing reflects
roles demonstrated through entertainment and contributes to development
of gender roles.
Use of wooden sticks as toys during childhood may relate to adult use of
batons, clubs, bats, and other wooden weapons. Members of the criminal jus-
tice system, e.g. police, may carry batons; and they may use batons with ex-
cessive force. One notable example occurred when several members of Los
Angeles Police Department beat Rodney King using batons. On occasion,
police have been alleged to use batons to perpetrate sexual assault on ar-
restees. For example, Michael Mineo’s allegations illustrated the phallic na-
ture of batons when he accused New York Police Department officers of
sodomizing him with a baton during an arrest. The officers were charged
with aggravated sexual assault, but they were acquitted (Shifrel, Hays, &
Siemaszko, 2010).
Like swords, knives are penetrative weapons held at close range. They are
strongly associated with domestic violence. In domestic violence, men and
women are likely to use knives, but men are more likely. Kitchens have been
associated with feminine gender roles and restriction of women’s work to the
Penises 23
cion that an arrestee may possess a weapon or contraband; may pose a threat
to anyone’s safety; or may present a flight risk. The U.S. Constitution re-
quires strip searches to be reasonable inside holding cells or corrections fa-
cilities.
Cross-gender searches may be constitutional because they are not per se
unreasonable (Smith, 2013). The right to be free from cross-gender pat-
downs, viewing, or cavity searches may not be clearly established by stare de-
cisis in most jurisdictions. A variety of variables may influence the outcomes
of constitutional rights violation claims. In some jurisdictions or depart-
ments, cross-gender searches are only permissible during exigent or unusual
circumstances. Generally, the government may not routinely subject one
gender to strip searches, but not the other gender. Yet, telecasts of prison strip
searches to irrelevant locations containing members of the opposite gender,
i.e. police stations, may be impermissible. Sexual violence victims may be
entitled to same-gender searches due to their special circumstances and po-
tential cruelty involved in cross-gender searches. Religious freedom may be
abridged when a religious arrestee requests a same-gender search. Religious
inmates may request a same-sex official to be present during sexually inva-
sive medical procedures. Felons may routinely be subjected to strip searches,
but felons must be secluded from opposite-gender arrestees during sexually
invasive searches.
OBSCENITY
Sexually erotic depictions of penises may be protected under the First

Amendment or they may be illegal, i.e. obscene (Cusack, 2014). Legality of
pornography may hinge on whether pornography is possessed or viewed in
public or private. Viewing or possessing hardcore pornography, i.e. obscen-
ity, while in public is unprotected by the First Amendment. Privately view-
ing hardcore pornography inside one’s home may be legal (Georgia v. Stan-
ley, 1969). Private possession of obscenity may be legal depending on the
number of depictions possessed; means of viewing or acquiring obscenity;
local definitions of obscenity; and potential redeeming value of the depic-
tions.
Pornography is judged as obscenity if the dominant theme of an explicit
depiction appeals to prurient interests; and it offends average members of a
local community (Roth v. U.S., 1957). However, if obscenity possesses suffi-
cient redeeming value, then it will be protected (Miller v. California, 1973).
Most depictions contain de minimis value. Thus, to receive First Amendment
protection, a work must possess more than de minimis value. Some kinds of
mates’ growing defensiveness and aggression is hard steel rods, which are the
same rods that trap previously nonviolent offenders with predators. In this
context, masculinity is symbolically transformed and defined by its relation-
ship to the prison bars to a greater extent than men in the general population
that would likely be influenced by phallic imagery.
TASERS, GUNS, AND CANNONS
Weapons that shoot ammunition are phallic symbols embraced by society

and members of the criminal justice system; but they correlate with violence
and aggression. Some phallic symbols are embraced because they are histor-
ical and commemorative. For example, cannons, which may be symbolic
phalluses ejaculating hard ammunition are used to decorate police stations,
military bases, and other governmental and historical properties. Tasers are
not as deeply ingrained in American culture as cannons or some other
weapons; yet, masculine gender roles are primed to accept electronic weapons
because they relate to child’s play. Children are taught to play with actual
weapons or toy cannons, swords and guns; and witness stun rays and other
actual or fictitious electronic control devices portrayed in entertainment; and
they may intrinsically understand how to use tasers (see Figure 11.1). The
name “taser” relates to a children’s adventure series popular in the early
twentieth century. Thomas A. Swift Electric Rifle (TASER) was coined from
Tom Swift and His Electric Rifle, a young adult novel (Miller, 2010).
Tasers symbolize phalluses on several levels. First, they fire barbed-shaped
darts called “probes.” Probes are fired from the taser cartridge and stick into
a suspect’s skin. The word “probe” may sound suggestive of inappropriate
sexual exploration when it is used to describe forceful penetration occurring
during tasing. Second, taser mechanisms are somewhat reminiscent of ejacu-
lating penises especially because taser wires, which are often clearish or
white, remain connected to the probes after they are fired. The taser symbol-
ically becomes a penis aggressively shooting semen as probes appear to
leave a white or clearish trail from the taser cartridge. Third, police use tasers
to achieve compliance when suspects resist or ignore commands; thus, when
only a slight amount of pain compliance is required, police may stun at close
range in a procedure called a “dry stun.” The wires and barbs, i.e. symbolic
semen and sperm, are not released. In this context, the name, “dry stun,”
may be reminiscent of “dry humping,” a term used to describe nonpenetra-
tive sexual activity that physically emulates sex. Fourth, tasers have been
used to force sexual compliance and perpetrate other crimes. They symbol-
ically extend sexual dominance and they literally achieve compliance on be-
Figure 11.1. Water Cannon.
half of an offender. Symbolically they are so similar to penises that one of-
fender was arrested for pretending that a taser was his penis ( Johnson, 2012).
He deployed the weapon several times at pedestrians literally illustrating
tasers’ phallic symbolism.
Sufficiently large penis size is culturally associated with masculinity and
ability to perform sexually. An adequate or extraordinarily ample penis may
be considered to be a status symbol (Myrttinen, 2003). Symbolic connections
between gun size and power and penis size and prowess are evident. Guns
are used like status symbols; and bigger guns with greater ability to kill may
be bigger status symbols. For example, being “strapped” refers to being
armed; yet, “strapped” also refers to wearing a prosthetic penis or adult sex
toy used for penetration. Automatic weapons are commanding status sym-
bols that have high rates of fire capable of firing dozens or hundreds of
rounds in seconds. This power is sometimes colloquially referred to as
“spray,” a word reminiscent of moisture and intense ejaculation or urination.
Penetrative bullets symbolically accomplish semen’s purpose, which is to
penetrate ovum. High rates of fire increase penetration, which symbolically
increases virility, fertility, and potency; and high powered sperm vanquishes
competition. Thus, bigger and powerful weapons are an ultimate symbol of
power, command, and status.
People who want to achieve compliance may be comfortable using a vari-

ety of weapons. For example, police may carry tasers and guns (Langevin &
Curnoe, 2014). One study found that approximately 14 percent of offenders
used multiple weapons to commit crimes. However, while use of weapons
may symbolically link with prowess, power, control, and authority, weapon
use during crimes actually correlates with psychoses, suicidality, substance
abuse and addiction, psychological and personality disorders, psychopathy,
cognitive impairment, and attention deficit hyperactivity disorder. Use of
weapons also correlates with violent criminal histories and triples the likeli-
hood of violent recidivism.
CONCLUSION
Symbolism is recognized on individual and social levels. Some symbols

may be culturally ubiquitous, i.e. children fighting with twigs are symbolical-
ly fighting with swords. Yet, other symbols are only evident to or perceived
within particular contexts. Prison bars, penetrative weapons, discharging
weapons, and wooden objects may widely be recognized as phallic symbols,
but may also be understood on more literal levels that obfuscate or subsume
symbolism. Yet, people in close contact with phallic symbols may embrace
phallic symbolism and be transformed by it. Gender roles may create, em-
brace, respond to, or reject certain phallic imagery in context.
REFERENCES
(2007, June 4). Silverman stresses Miss Hilton. TMZ. Retrieved from http://
www.tmz.com/2007/06/04/silverman-stresses-miss-hilton/#ixzz3Ce2HvZUh
Alexis, J.E. (2014, April 28). Russians raped German women systematically. Veterans
Today. Retrieved from http://www.veteranstoday.com/2014/04/28/raping-ger-
man-women-and-children-as-a-form-of-revenge-after-wwii-part-i/
“Asteroid v. Earth” (2014). The Asylum and Tiki Terrors.
Cale, J., & Leclerc, B. (2012). Weapon use and sexual abuse outcomes: A multivari-
ate and conjunctive analysis of sexual offenses against women. Palgrave Macmillan,
Ltd. Retrieved from http://dx.doi.org/10.1057/sj.2012.42.
Capers, I.B. (2013). Real women, real rape. UCLA Law Review, 60, 826.
Felson, R.B. & Krohn, M. (1990). Motives for rape. Journal of Research in Crime and
Delinquency, 27, 3, 222-242.
Johnson, J. (2012, December 5). Athens man arrested after pretending stun gun is
penis. Athens Banner Herald. Retrieved from http://onlineathens.com/local-news/
2012-11-20/athens-man-arrested-after-pretending-taser-penis
Kirby, P. (2012). How is rape a weapon of war?: Feminist international relations,

modes of critical explanation and the study of wartime sexual violence. European
Journal of International. doi:10.1177/1354066111427614.
Langevin, R., & Curnoe, S. (2014). Psychological profile of sex offenders using
weapons in their crimes. Journal of Sexual Aggression 1, (20), 55-68.
Mann, B. (2014). Sovereign masculinity: Gender lessons from the war on terror. New York,
NY: Oxford University Press.
Miller, M.E. (2010). Taser use and the use-of-force continuum: Examining the effect
of policy change. The Police Chief 77, 72–76. Retrieved from http://www.po-
licechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=
2204&issue_id=92010
Myrttinen, H. (2003). Disarming masculinities. Women, Men, Peace and Security 4, 37–
46.
Shifrel, S., Hays, E., & Siemaszko, C. (2010, February 22). Michael Mineo sodomy
trial verdict: Jury finds all cops not guilty on all counts. Daily News. Retrieved
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verdict-jury-finds-cops-guilty-counts-article-1.196517#ixzz3Caydiual
hardcore pornography are treated as being presumptively obscene. Re-

deeming value may be scientific, political, artistic, or literary value.
Some kinds of pornography are treated as per se obscene (Cusack, 2014).
Excretory functions and violent depictions are often treated as per se obscene
by courts and under statutory law. Violent depictions, i.e. sadomasochism,
may include whipping, spanking, bondage, humiliation, submission, domi-
nation, torture, rape, murder, and other acts. Excrement may not be depict-
ed in pornography. Pornography may be obscene irrespective of whether
penises are depicted as excreting waste; or they are merely visible in a hard-
core depiction involving urine or feces.
The government may differentiate between depictions of turgid penises
and flaccid penises (Cusack, 2014). A depiction of a flaccid penis is not nor-
mally considered to be obscene; though, contexts in which a penis is depict-
ed or in which depictions are displayed may render depictions of flaccid
penises to be obscene. A depiction of a turgid penis displayed in public is
likely to be impermissible as are sexually violent depictions of clothed, nude,
turgid, or flaccid penises designed to appeal to prurient interests.
Bestiality is often treated as per se obscene (Cusack, 2014). Depictions of
animals’ penises are not presumptively obscene. Pornography collections
possessed by a defendant may be evidence of an image’s appeal to prurient
interests when an image only depicts animals’ genitals, but not hardcore bes-
tiality. Thus, depictions of animals’ penises may be charged as obscenity
when they are utilized as obscenity. However, some courts may distinguish
between lawful images of animals’ penises used as pornography and obscen-
ity even when lawful images are part of a primarily obscene collection.
Images depicting sexual performance by a minor are neither obscenity
nor pornography (Cusack, 2014). “Pornography” is a term that is often used
to describe often protected material. “Obscenity” is a term used to describe
illegal material that is criminalized depending on local tastes. Thus, some
hardcore material may be protected in certain contexts or jurisdictions. How-
ever, child pornography is never protected. Nude images of children may be
considered to be obscene even if images do not depict sexual exploitation
(U.S. v. Dost, 1986). These cases are facts-specific. In most cases, sexually ex-
plicit simulated depictions of children may be considered to be obscene even
if they are not child pornography (Cusack, 2011). Simulations may include
digitally altered images, digitally generated images, cartoons, and collages.
ERECTIONS AND DRESS CODES
Public morality was designed to control men and women. Public and pri-
vate morality are discussed in Chapter 1. Disparate nudity laws are one of
Men and Drugs 141
anisms, self-constructions, and values (Bucerius, 2007). These may operate

on a spectrum that is influenced by several factors, e.g. willingness to commit
violence; risk aversion; and neutralization of law abiding values. For locals
and migrants, cultural background plays a highly influential role in rational-
izing drug dealing. Cultural conceptions of impurity, honor, and morality
may help guide them into black markets. Thus, cultural background may be
more influential than desire for fast money and respect. Differential associa-
tion may explain how cultural knowledge contributes to development of
drug dealing skills.
Males may participate in drug culture to demonstrate prowess and mas-
culinity; to earn money; and become powerful and feel successful. These at-
tributes may attract women in neighborhoods or social arenas that value
these attributes. Drug-dependent females may be attracted to men participat-
ing in drug culture for different or additional reasons. Due to gender roles
and lifestyle, drug dealers may be promiscuous; thus, pose a substantial risk
of sexual disease transmission (STD) to any intimate partners. They may also
pose greater risks because of their links to HIV positive drug-users and in-
mate populations. They pose significantly higher risk to low-risk female part-
ners (Floyd & Brown, 2013). Dating drug dealers may also put women at risk
of violence, arrest, and sexual assault because of their knowledge of drugs
and the presence of drugs in their homes and cars. Male drug dealers may
intentionally use intimate partners to shield themselves from some risk, e.g.
transform girlfriends into drug mules or appear in public with women to re-
duce suspicions about their activities.
Serious drug offenses, e.g. smuggling, are frequently perpetrated by older
males (Heber, 2009). Males in their thirties are more likely than younger
men to smuggle and choose males as co-offenders. Men who commit greater
numbers of crimes are more likely to have larger criminal networks. Thus,
the relationship between the number of co-offenders and number of drug
crimes is likely to be directly proportional. However, co-offenders are unlike-
ly to remain co-offenders over time because drug partnerships typically lack
durability. Thus, networks serve to circulate co-offenders because co-offend-
ers are unlikely to repeatedly recidivate with the same partner.
Retail-level drug dealing is male dominated (Fleetwood, 2014). Males bet-
ter manage risks of violence and arrest that increase with harder substances
(see Figure 12.1). Thus, crack dealing is dominated by males. Women who
deal crack may frequently take into account their genders, gender roles, and
heightened risks for women. Gendered considerations may include male
domination of drug markets and females’ social positions. Feminine gender
norms may be exhibited to hide drug dealing. Respectable feminine behav-
ior may aid females to avoid trouble. However, some female drug dealers
may perceive themselves as being bad mothers; and perceive themselves as
deviating from normative motherhood-centered values (Geiger & Fischer,

2005). They may experience anomie and low self-worth. Women who suc-
cessfully navigate double lives by capitalizing on traditional gender roles and
black markets may still be precluded by males from achieving greater suc-
cess in drug markets (Sales, 2009). Female gender may be systematically ex-
cluded from higher ranks within hierarchies. Even when gender discrimina-
tion is unspoken, women’s perceived social location may contribute to poor-
er identity constructions and stigmatization. Thus, drug dealing maybe a
double-edged sword for women because they may be likelier than men to be
labeled by society as merely being drug dealers. Optimistic women who do
not feel trapped or discouraged by drug dealing may occupy fringe positions
in mainstream society as to minimize strain and maximize respect received
from other fringe members of society. Male drug dealers may be more capa-
ble of managing normal social identities that justify drug dealing and avoid
stigmatization (Geiger & Fischer, 2005). Males may be more adept at blur-
ring traditional and nonconventional boundaries by playing on competence,
loyalty, know-how, and honor codes. This proficiency may feed into opti-
mistic self-perception and efficaciousness. Thus, the criminal justice system
may need to redirect drug-dealing males’ strengths into legal markets while
aiding drug-dealing women to build more confidence and stability.
Fig. 12.1. Alleged Mexican drug cartel member.

Men and Drugs 143
ALCOHOL
U.S. society has a somewhat gendered relationship with alcohol. For ex-
ample, in Craig v. Boren (1976) U.S. Supreme Court used intermediate scruti-
ny to strike a law making the legal drinking age for men higher than the legal
drinking age for women. A law criminalizing drinking for men younger than
21 years old, but permitting women to drink at 18 years old did not bear a
substantial relationship to important government interests that could justify
gender disparate treatment. The law was designed to recognize maturity dif-
ferences between genders, but gender stereotypes could not be the basis of
Constitutional laws.
U.S. society’s gendered relationship with alcohol extends between main-
stream and deviant segments of society. Sometimes, those segments overlap
significantly. For example, prisons are full of contraband, including drugs
and alcohol. Prisoners may use institutional black markets to barter contra-
band for sexual favors, submission, or participation. Most prison guards
work to exclude contraband from prisons. However, in some circumstances,
prison guards may demand sexual favors and money from prisoners in ex-
change for assistance or contraband; or guards may be sexually and emo-
tionally seduced by inmates from whom they receive bribes (Marimow,
2013; Marimow & Wagne, 2013). Most abuse between prisoners and inmates
involves female guards and male inmates; males inmates and male guards;
or female inmates and male guards. In some cases, some deeply involved fe-
male officers have become impregnated by gang members and tattooed with
inmates’ names. Power is achieved by controlling guards, even though some
inmates who barter with guards are typical inmates who want alcohol, not
power. However, some incarcerated gang members may levy considerable
power throughout jurisdictions in which numerous guards accept bribes in
exchange for alcohol and other contraband, e.g. cell phones.
Alcohol and drugs often are utilized by the same people. Historically,
drugs, alcohol, and sex have often been sold by the same people, e.g. male-
controlled ethnic gangs in the U.S. (Cusack, 2013; Perkiss, 2012; Shanty &
Mishra, 2007; Sifakis, 2005). However, historically some gangs have op-
posed sale of drugs and prostitution. Thus, relationships between male con-
trol, sex work, and alcohol are not necessarily misogynistic, even if they are
gendered or sexist.
Outlaw motorcycle gangs (OMG) may operate licensed biker bars to laun-
der or facilitate illegal activity (DOJ, 2014). In addition to illegal and legal al-
cohol sales, male-run OMG deal in prostitution, drugs, extortion, murder,
theft, counterfeiting, strip clubs, illegal firearms, and other deviant industries.
They participate in gendered, and perhaps, sexist crimes; but their goal is not
necessarily to promote male supremacy. Promotion of individual gangs’ su-
premacy is the main goal. Yet, male gang members may prey on victims to
recruit them into prostitution. The average age for entering prostitution is 12
years old. Pimps may lure or force into prostitution at-risk youth living in fos-
ter care; delinquents in detention centers; poor children in public housing;
runaways; unsupervised youth on social media; or mentally ill females and
males. Some OMG members may lure children into prostitution by promis-
ing them initiation into gangs; and many child prostitutes may voluntarily or
forcibly sexually service gang members free of charge. OMG may seduce or
abuse children with alcohol to achieve compliance; and they may use phys-
ical violence and threats. Children are given alcohol to lower their inhibi-
tions to perform sexually; they may develop addictions; and they may self-
medicate trauma using alcohol.
Congress established the National Gang Intelligence Center (NGIC) in
2005 (National Gang Report, 2013). The purpose of NGIC is to support col-
laborative law enforcement strategies, link agencies, distribute information,
share resources, and tactically analyze gang problems at federal, state, and
local levels. NGIC fosters interagency collaboration between Customs and
Border Protection (CBP); Federal Bureau of Investigation (FBI); U.S. Drug
Enforcement Administration (DEA); U.S. Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF); U.S. Bureau of Prisons (BOP); U.S. Depart-
ment of Defense (DOD); U.S. Immigration and Customs Enforcement
(ICE); and U.S. Marshals Service (USMS). NGIC has identified more than
30 gangs involved in prostitution. NGIC reports that female gang members
have increasingly begun working as prostitutes, recruiters for prostitutes, and
pimps while male intimate partners are incarcerated.
Male prostitutes are likely to consume drugs and alcohol throughout their
careers as sex workers (da Silva, 2006). Research on 252 male prostitutes, in-
cluding 124 transvestite prostitutes, found that 79 percent consumed alcohol
on a regular basis. More than half smoked marijuana; 13 percent had used
poppers, 8 percent had used cocaine; and 7 percent had used ecstasy within
two weeks of reporting. Rationalizations for becoming intoxicated reportedly
varied. Logistics behind consuming substances differed, which possibly indi-
cates that context and relationships between prostitution and substance use
affect perception, logic, reasoning, and activity. Prostitutes may be most like-
ly to consume alcohol because it is supplied by johns and pimps; it is legal
and inexpensive; and because it lowers inhibitions. However, prostitutes
who are not old enough to obtain alcohol legally may work at bars where
they access alcohol illegally (Deisher, Eisner, & Sulzbacher, 1969). Working
at bars is not necessarily related to gangs or pimping because young men
may voluntarily participate in prostitution to earn money (Cates & Markley,
1992). Voluntary prostitutes are still much more likely than nonprostitutes to
heavily use alcohol and drugs; and have limited vocational skills, success,
Penises 25
many examples in which traditional values have called for gendered inter-
pretations of immorality. Though most gender disparate legislation has been
stricken, moral regulation of nudity may continue to incorporate gender
stereotypes. In many jurisdictions, males may not appear in public while in
a turgid state; however, women may appear in public with erect nipples (see
Figure 2.1) (Cusack, 2012; Tenn. Code Ann. § 39-13-511, 2014). In most juris-
dictions, females may not exhibit their nipples, but males may irrespective of
whether females’ turgid nipples exhibit arousal. Male penile turgidity may be
considered to be menacing, perverted, or threatening. Nudity laws may be
designed to dampen male arousal and sexual aggression while bridling fe-
male liberation. Though minimization of sexual aggression seems rational
and important, generalizations about male sexuality may impermissibly be
stereotypical (U.S. v. Virginia, 1996). The government’s “justification [of gen-
der based laws] must be genuine, not hypothesized or invented post hoc in re-
sponse to litigation. And [laws] must not rely on overbroad generalizations
about the different talents, capacities, or preferences of males and females”
(U.S. v. Virginia, 1996).
Figure 2.1. Multiple prostheses simulating turgidity.

286,633 males, but only 5,006 were juvenile males. Approximately 17 per-
cent of reports for drunkenness were for juvenile males. In total, 64,202 fe-
males were arrested for drunkenness. Of those, only 1,867 were juvenile fe-
males. Approximately 29 percent of reports for drunkenness were for juve-
nile females. Because data shows that juvenile males are slightly more likely
than females to drink alcohol, higher arrest rates may demonstrate that ju-
venile females drink in riskier situations, misbehave while intoxicated, are
less tolerated by society, or experience results from drinking that differ from
males in their in age groups. Gender disparities are evident in the number of
arrest rates for driving under the influence (DUI), but are relatively propor-
tional among male and female juveniles. In 2012, 649,664 males were ar-
rested for DUI. Of those, juvenile males accounted for 4,676 arrests, i.e.
.0072 percent. FBI reported that 211,019 females were arrested in 2012; and
1,619 of these were juvenile females at .0077 percent. Liquor laws were vio-
lated by 217, 530 males, 34,194 of whom were juvenile males. In total, only
90,661 females reportedly violated liquor laws, but 22,779 were juvenile fe-
males. Thus, females were arrested less than half as much as males. Within
each gender 25 percent of female violators were juveniles, but only 16 per-
cent of males violating liquor laws were juveniles. Thus, proportionally fe-
males may encounter the criminal justice system more often when they are
underage.
USERS
Most drug-users are male, consume two or more substances, and engage
in other risky behaviors. In 2012, a total of 817,198 males reportedly perpe-
trated drug abuse violations. Of these, 75,510 male juveniles accounted for
less than 10 percent of the total (FBI, 2012). A total of 211,020 females, in-
cluding 16,042 female juveniles reportedly committed drug abuse violations.
In every country females use significantly fewer illicit drugs than males. In
the United States, females use drugs at approximately 66 percent the rate of
their male counterparts. In traditional nations, e.g. India and Indonesia, fe-
males may use drugs at 10 percent the rate of male counterparts. In tradition-
al societies, female drug use may be underreported due to stigmatization and
secrecy; however, drug use is measured using self-reporting, home surveys,
employee drug testing, addiction treatment data, arrest data, and crime sta-
tistics, which indicates that data collection methods are reliable. Developing
countries previously experienced fewer drug violations than the U.S., or oth-
er developed countries; however, drug use is on the rise worldwide (UN-
ODC, 2012). Prescription drug use is the fastest growing drug market world-
Men and Drugs 147
wide. For example, tranquillizer use, which has increased among South
American and European women, currently exceeds marijuana use in these
populations.
Drug use may be increasing among females who enter sex work (Heber,
2009; Miller, 1995; UNODC, 2012). Drug use among sex workers may be
increasing due to increased relationships between human trafficking and
drug trafficking. Females may use drugs voluntarily as they become indepen-
dent from males; and they may enter sex work to earn money to maintain
independence. Conversely, females who take drugs and enter sex work may
be controlled by males.
Around the world, male prostitutes are often drug-users (Gattari et al.,
1992). Male prostitutes who use drugs may be more than 50 percent likely
to be HIV-positive. Drug use duration may increase likelihood of HIV-trans-
mission. One study found that HIV-prevalence escalated from 48 percent to
64 percent among drug-using male prostitutes over the course of two years.
Male prostitutes who continued to use drugs for more than 4 years became
100 percent likely to be HIV-positive. Intravenous drug use increased rates
of HIV transmission by 10 percent among male prostitutes, but needle shar-
ing increased rates by approximately 20 percent. Among men who had more
than 1,500 partners over the past year, HIV prevalence was 74 percent, but
it was 50 percent for those with fewer than 1,500 sex partners over the past
year. Thus, drug use during four years of sex work was more predictive of
HIV transmission than needle sharing or having sex with more than 1,500
partners in one year.
MALE DRUGS
Masculine constructs include muscularity and strength, large size, and

erectile function. These constructs may relate to male gender roles, e.g. men
as protectors, fertilizers, and dominant figures. Certain drugs are designed, in
part, as responses to social perceptions of masculinity. Drugs, like anabolic-
androgenic steroid (AAS) and Viagra, may reflect idealizations of masculin-
ity. Nonmedical uses of these drugs may be cosmetic or intended to enhance
or exaggerate virility, strength, power, and youth. In some cases, use may re-
late to sexual insecurities, social pressure, and gender conformity; perceived
or actual expectations to be physically desirable and have intimate relation-
ships; status, acceptance, or success; or dominance and control. It may also
relate to regressive insecurities about sexual performance and youthful ap-
pearance.
AAS users may use drugs to enhance competitive performance and phys-
ical appearance (Pope et al., 2004). They may use or misuse prescribed drugs
for nonmedical purposes; or they may purchase drugs on the black market.
Approximately 3 million people use AAS in the United States. Few users are
female. A study of 80 weight lifters, including 43 AAS users and 37 non-
users, asked respondents to rate physicians’ knowledge of AAS; and to indi-
cate their trust in information about AAS. Forty-four percent of AAS users
had revealed AAS use to a physician. Both groups reported that physicians’
knowledge of AAS was much more rudimentary than their knowledge of il-
licit drugs, alcohol, and other substances. Doctors were reportedly perceived
as being as knowledgeable as websites, friends, and black market AAS deal-
ers. Researchers concluded that AAS users may harbor attitudes that prevent
them from accepting medical advice making physician supervised adminis-
tration of AAS unlikely. Mistrust for doctors, sporting federations, and law
enforcement is somewhat typical of athletes who use other performance en-
hancing drugs because the feel that authority figures are willing to exagger-
ate and distort risks (Sefiha, 2012). Research indicates that healthcare
providers should be highly suspicious of AAS use among all male athletes
(Pope et al., 2004). Yet, even if doctors screen male athletes for AAS use and
provide expert medical advice, some athletes will knowingly take risks be-
cause some “rather be dead than be average” (Bigger, Stronger, Faster,
2008).
Drugs enhancing masculine traits may have negative effects on sexual
wellness. AAS abuse presents an interesting conundrum because musculari-
ty may project dominance and attract sexual attention; but it may damage
male fertility and negatively alter male genitals (de Souza & Hallak, 2011).
Unlike Viagra, which enhances male genitals, AAS damages testicles and
may cause genetic sperm damage. Viagra has become associated with male
aggression. Rape has been used as a weapon of war throughout human his-
tory; but recently, soldiers have begun taking Viagra-like drugs to inflict
greater harm more efficiently. Anecdotal evidence indicates that foreign sol-
diers have been issued Viagra-like drugs through their chains of command to
perpetrate mass rape (CNN, 2011; International Business Times, 2011). Viagra
use may trigger aggressive behavior or agitate aggressive tendencies (Wacker
Foundation, 2007). Researchers examined 274 reports indicating Viagra’s
side effects. Each of the records reported mental side effects, including ag-
gression, disorientation, and amnesia. Researchers suspected that Viagra
contributed to aggression in 22 cases, rape in 13 cases, and murder in 6 cases.
Information processing was affected when Viagra crossed the blood-brain
barrier leading to abnormal behavior. Viagra reportedly caused emotional
disturbances, neurologic disorders, loss of consciousness, amnesia, psycho-
logical and behavioral problems, and aggression. Some researchers argue
Men and Drugs 149
that for a number of physical, psychological, and physiological reasons, Via-

gra may reduce anxiety and aggression and contribute to physical and psy-
chological health (Milman & Arnold, 2002; Zwillich, 2002).
Viagra use correlates with increased risk for disease transmission. Before
Viagra, older adults were less sexually active. Thus, many older adults have
been undereducated about sexually transmitted diseases (STDs) because
they were not sexually active; diseases were fewer when they were sexually
active; and because they were monogamous when they were younger. How-
ever, Viagra use has dramatically revitalized sexual activity among seniors.
Increased unprotected sex among seniors resulted in a dramatic increase in
HIV transmission among seniors (Fisher et al., 2006).
Younger populations of recreational drug users are using Viagra and in-
creasing risk for HIV transmission (Fisher et al., 2006). Risky youth may use
Viagra to enhance pleasure; improve sexual performance; and compensate
for drug-induced flaccidity or erectile dysfunction. Researchers recruited 640
mostly middle-aged men from HIV prevention programs. More than three-
quarters were heterosexual; 12 percent were homosexual; and 8 percent
were bisexual. Viagra-using men who participated in insertive anal sex with
female sex workers were at risk for HIV transmission. Viagra users who used
club drugs and designer drugs were significantly more likely to contract HIV.
PRESCRIPTION DRUGS
Men are more likely to suffer serious consequences from prescription drug
misuse and abuse; but more women consume prescription drugs than men.
The Center for Disease Control and Prevention reports that 113 people die
daily in the U.S. as a result of drug overdoses. Hospital emergency rooms
treat 6,748 people daily for drug abuse and misuse (CDC, 2014). Drugs ac-
count for approximately 90 percent of poisoning deaths; and overdose
caused more deaths in 2011 than any other cause. Of approximately 41,340
overdose deaths, approximately 33,071 were unintentional. Approximately
5,298 people overdosed on drugs to commit suicide; and 2,891 overdose
deaths were the result of homicide. Fifty-five percent of overdose deaths, i.e.
22,810, involved pharmaceutical drugs. In 2011, 74 percent of pharmaceuti-
cal drug overdoses involved painkillers. Painkillers were mainly opioid pre-
scription drugs; and 30 percent of overdoses resulted from use of benzodi-
azepines. Numerous deaths involve pharmaceutical drug cocktails. Emer-
gency room hospitals treated approximately 1.4 million people misusing
pharmaceutical drugs in 2011. Approximately one-half million visits were to
administer emergency treatment relating to antianxiety and insomnia phar-
maceutical drugs. Fifty-six percent of patients visiting emergency rooms for

drug use, abuse, or misuse were males; and men are reportedly 60 percent
more likely to die from overdose than women. For the past decade, males
have abused substances at 200 percent the rate at which females abuse them;
but women typically abuse pharmaceutical drugs at higher rates.
The United Nations Office on Drugs and Crime reports that around the
world, and especially in South America, Central America, Middle East, and
Europe, females are approximately twice as likely as males to use prescrip-
tions drugs, and they often use them in combination with other designer
drugs (UNODC, 2012). For example, in Afghanistan females were twice as
likely as men to use tranquillizer drugs and to be daily users. Because rates
of use among males and females seem so disparate, researchers suspect that
male use may possibly be underreported. One reason may be that use of
tranquilizers among men appears to violate gender norms, i.e. indicates emo-
tional problems, loss of control, or passivity.
In 2012, the Substance Abuse and Mental Health Services Administration
(SAMHSA) reported that pubescent and postpubescent males were almost
twice as likely as females to use illicit drugs; however, females and males
were nearly equally likely to use psychotherapeutic drugs (SAMHSA, 2012).
Approximately one-quarter of males attending college full-time use illicit
drugs; but the rate for females is approximately 20 percent. Even though
rates of illicit drug use are similar between males and females who are 12
years old to 17 years old, females in that age group are approximately 25 per-
cent likelier to use psychotherapeutic drugs for nonmedical purposes.
Nearly 3 million people initiated drug use in 2012. Approximately 750,000
used psychotherapeutic drugs, including painkillers, tranquilizers, and seda-
tives. Some may progress from medical uses to nonmedical and nonpre-
scribed use of psychotherapeutic drugs (Slobodzian, 2014). The Foundation
for a Drug-Free World (n.d.) reports that 2,500 minors initiate misuse and
abuse of prescription painkillers daily. One reason is that half of teens may
believe that pharmaceutical drugs are less risky or dangerous than other il-
licit drugs. Between two-thirds and three quarters of minors using prescrip-
tion drugs access drugs from their homes (FBI, 2012; Foundation for a Drug-
Free World, n.d.; SAMHSA, 2012; Wouters & Korf, 2009).
Among lesbian, gay, bisexual, and transsexual (LGBT) people, prescrip-
tion drug theft may present unique difficulties (Berastaín, 2013). First, part-
ners who have stolen prescription drugs may also steal identification so that
detecting stolen or misused drugs is more difficult for law enforcement. Sec-
ond, transpersons may have hormone medication stolen by partners. Part-
ners may steal medicine for personal use or to sell on the black market. Hor-
monal replacement therapies may be disrupted by drug theft. Deprivation
may impose strain, stress, and physiological difficulties.
Men and Drugs 151
CONCLUSION
Young women are at increased risk for harms correlating with drug-deal-
ing and drug-use Drugs and alcohol production, sales, and distribution have
traditionally been male dominated; and, they continue to be. However, fe-
males are using drugs and becoming more involved in gang life. In addition
to drug-use and alcohol-use by prostitutes, trends show that women will like-
ly continue to encounter men in masculine environments due to their in-
volvement with substances, which further increases their risk for sexual and
physical assault.
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Chapter 13
MASTURBATION
INTRODUCTION
M asturbation is likely protected by right to privacy under substantive

due process. That right exists in places where an expectation of priva-
cy is reasonable, e.g. under one’s clothing, public bathrooms, and bedrooms.
Neither sleeping areas nor bathroom areas are considered to be private in
most prisons. Thus, inmates are typically forbidden from publically mastur-
bating in these areas. Due to moral and sexual issues surrounding masturba-
tion, some members of society, i.e. children, may be more sensitive to depic-
tions of masturbation, including verbal or written discussions.
INMATES
“Gunning” occurs when male prison inmates masturbate in the presence

of female guards; typically, gunning is timed so that guards are able to view
inmates while they masturbate. Open masturbation violates prison policies
(Cusack, 2014b). Though some prisons fail to have specific policies against
surreptitious acts of masturbation, prisons throughout the U.S. punish public
masturbation that comes to the attention of other inmates or guards. Prison
policies may punish inmates with “bad behavior” points, or possibly, charge
inmates with crimes, e.g. indecency, depending on the circumstances (Clem,
2012).
Open masturbation in prison and the general population correlates with
sexual assault and harassment. Inmates may masturbate to sexually harass
other inmates; indecent exposure may be criminal, and inmates may be
forced to masturbate. Guards may file sexual harassment complaints if pris-
154
Masturbation 155
ons refuse to address gunning (Boxer X. v. Harris, 2006). Prisons are supposed
to be corrective environments; and inmates are required to obey the law
while in prison. Public masturbation and indecent exposure are illegal in the
general population (Friedman & Grossman, 2013; Murdock, 2014; UCMJ,
2014; U.S. v. Christy, 2012). Thus, to demonstrate obedience to the law and
to reform deviant attitudes, inmates should be prohibited from masturbating
publically while incarcerated.
A few institutions fail to punish gunning. Some will cover known gunners’
cell windows when female guards are on duty or when inmates expose them-
selves. This policy may be somewhat risky because unsupervised inmates
may be more likely to self-harm (Clem, 2012). Some prisons may infer that
inmates masturbate privately (Cusack, 2014). However, prisons generally ac-
knowledge and may inform inmates that seeking-out secluded areas within a
prison may increase their risks for sexual assault when authority figures and
other inmates are not present. Inmates may engage in gunning or gassing, i.e.
throwing bodily fluids at guards, when they fear being harmed by other in-
mates and would prefer to be placed into isolation. Some prisons respond
differently to mentally ill chronic masturbators than to sexual predators.
Some prisons, e.g. California Department of Corrections, screen recidivistic
public masturbators for mental illness, and may treat them for paraphilic dis-
orders.
IMPROPER PHOTOGRAPHY
Anecdotal evidence and case law appear to indicate that males may ac-
count for nearly all arrests for improper photography or surreptitious record-
ing for sexual gratification. Several kinds of improper photography and
prowling are criminal offenses (UCMJ, 2014; Vasquez v. Texas, 2007). Jurisdic-
tions may only criminalize some kinds of improper photography; or they
may not have statutes directly prohibiting certain activities even though
those activities may be prosecutable under other statutes. Photography under
victims’ clothing, e.g. skirts, has become a worldwide problem in recent
years (Cusack, 2014a). Perpetrators may use cell phones or other recording
devices. They may lie in wait, e.g. behind bushes or retail clothing racks; or
casually photograph strangers while in public places (Ex Parte Abundio
Vazquez, 2013). Some courts have held that victims have no reasonable expec-
tation of privacy under their clothing while in public because their clothing
does not cover those body parts, but other courts and legislatures have de-
clared that people have a reasonable expectation of privacy under their
clothing while in public (Cusack, 2014a). Perpetrators may record victims
Fig. 13.1. Prowler.
who are in their homes and are visible through their bedroom windows.
Some jurisdictions would sooner prosecute people who expose themselves
through their bedroom windows than prosecute people who look through
windows. However, many jurisdictions prosecute prowlers and peepers who
leer through windows (see Figure 13.1) (Reyes v. Texas, 2008; State v. Bullis,
1975).
Observing individuals through their windows at a distance may be legal.
Yet, photographing a person who is in a place where they have a reasonable
expectation of privacy, i.e. bedroom, bathroom, or changing room, may like-
ly be illegal, especially if they are only visible through the use of a telescop-
Masturbation 157
ic lens or through a crack. Some statutes only criminalize improper photog-

raphy when victims are in private; other statutes criminalize photography
without consent when victims are in places where they hold no reasonable
expectation of privacy, e.g. nude beach. In some jurisdictions, any depiction
may be criminalized if it is nonconsensually created without consent for the
purpose of satisfying sexual arousal (Keel, 2003; Texas Pen. Code § 21.15,
2014). Thus, a decisive factor in some, but not all, cases is whether the photos
were taken to serve an indecent purpose. In some cases, indecent purposes
are irrelevant because public photography is protected by the First Amend-
ment; but in other cases, elicit purposes are irrelevant because certain kinds
of photography are per se improper. Content-neutral laws, e.g. improper pho-
tography laws, are evaluated by courts using intermediate scrutiny. They
may be held to violate the Constitution if they do not substantially relate to
an important government interest even if statutes do not favor one depiction
or message more than another.
Police generally require warrants to search cell phones (Riley v. California,
2014). Search incident to arrest is not an exception that typically applies to
warrantless searches of cell phones. However, when police have probable
cause to believe that a suspect has committed or will imminently commit a
crime using a cell phone, then police may seize a cell phone and search it if
society’s interest in preventing that crime is compelling enough (The Oyez
Project, 2014). For example, police observe a suspect taking indecent photos
of children wearing bathing suits and the photos focus on children’s genitals.
Police observe the suspect using his phone in a manner that appears consis-
tent with file-sharing. Police believe that indecent photos may imminently be
transmitted to a third party. If a person is arrested for an unrelated crime, and
police articulate a reasonable suspicion about digital data stored on cell-
phone, then the government may likely require a warrant supported by
probable cause to search the phone even if a suspect is in police custody
(State v. Granville, 2012). In some cases, courts could hold that police should
obtain warrants prior to searching cell phones depending on the totality of
the circumstances and collective knowledge held by police at the time that a
person is suspected of committing improper photography. For example, a
person takes pictures of children wearing bathing suits at a public pool. Po-
lice detain and search a person whose vehicle matches the description of the
suspect’s vehicle (Navarette v. California, 2014). Some courts may suppress ev-
idence if it was obtained illegally, e.g. meaning police did not articulate a rea-
sonable suspicion to detain a suspect or police did not have probable cause
for the search. Photos on the suspect’s phone may be inadmissible if pho-
tographing children wearing bathing suits in public is protected by the First
Amendment in that jurisdiction; and stopping that person’s vehicle is unrea-
sonable under the circumstances (Arguellez v. Texas, 2013; Ex Parte Nyabwa,
2012; Monsivais v. Arbitron, 2014; Terry v. Ohio, 1968).
Intent to sexually arouse or gratify indecent desires is not necessarily

negated because a defendant photographed in a location other than a private
location, e.g. bathroom or bedroom (Ex Parte Ronald Thompson, 2013). Im-
proper photography may be proven when photography is nonconsensual;
and intent is demonstrated by the totality of the circumstances, e.g. defen-
dant’s comments, behavior, and context. Defenses that improper photogra-
phy was perpetrated as a prank or joke may not raise reasonable doubts
when conduct involved either party’s genitals (Nelson v. Texas, 2013).
Photographic offenses may be misdemeanors, but are often felonies. Per-
petrators are likelier to be charged with felonies when offenses involve mi-
nors. Punishments for improper or surreptitious recording may range from
probation to stacked sentences spanning several decades for multiple viola-
tions (Hampton & Keilen, 2005; Keel, 2003).
BATHROOMS
Bathrooms and dressing rooms are public spaces in which people have a
reasonable expectation of privacy (Katz v. U.S., 1967). Right to privacy may
protect self-molestation, i.e. masturbation, in public spaces in which people
expect privacy. Right to privacy only protects sexual activity when it is per-
formed in private. Thus, mutual masturbation, voyeurism, exhibitionism,
sexual solicitation, and other related crimes are not protected by right to pri-
vacy.
When masturbation is visible to the public through a slit in a bathroom
stall or dressing room stall, any person who lingers to watch masturbation
may be guilty of peeping (Cusack, 2014). Masturbation is not necessarily pro-
tected; thus, it depends on how reasonable the expectation of privacy was.
For example, a person who lingers in shock as a person masturbates at a uri-
nal will not be guilty of peeping; but the masturbator will likely be guilty of
sexual misconduct crimes because open masturbation cannot be analogized
to masturbation occurring inside a stall. Therefore, watching a public act is
not the same as peeping. However, watching masturbation is generally asso-
ciated with crime, i.e. prostitution. The Uniform Crime Report reports that
in 2012, 11,977 males were arrested for prostitution and commercialized vice;
139 of those were juvenile males; 24,954 females were arrested; and 425
were juvenile females. Even though females were arrested at more than twice
the rate of males for prostitution, males commonly participate in public sex
to perform sex work. Public sexual performance has been especially preva-
lent among homosexual johns and sex workers. Chapter 3 and Chapter 10
discuss sex work in further detail. Thus, laws that prohibit masturbation in-
Masturbation 159
side bathrooms are designed to target prostitution, but there may possibly be
applicable to private masturbation if police have probable cause and the
court believes beyond a reasonable doubt that crime relating to sex work oc-
curred.
JUVENILES
Discussing masturbation with a child may be protected speech or it may

be obscene. Obscenity is per se unprotected speech. Obscene speech may be
evaluated using the Miller test (Miller v. California, 1973). Miller v. California
(1973) holds that material is obscene if an average member of the community
would find that a depiction or conversation, when taken as a whole, appeals
to prurient interests in sex in a patently offensive manner. However, obscene
conversations may be protected in one limited circumstance, and this is only
when obscenity possesses redeeming political, artistic, literary, or scientific
value. Redeeming value is not measured using local community standards; it
is evaluated using objective national standards. Expert testimony may be
presented to persuade a fact finder that obscenity objectively possesses re-
deeming value. Ostensibly, any description or depiction possesses some val-
ue, but redeeming value must be more than de minimis. Redeeming educa-
tional value is not presumptively equated with redeeming political, artistic,
literary, or scientific value.
First Amendment prosecution may depend on context; relationship of the
parties involved, and parties’ ages (Ginsberg v. New York, 1968). For example,
nonindecent explanations of masturbation may be protected under a hybrid
right protecting speech and parental rights. Generally, minors may not be ex-
posed to harmful or corruptive materials; but some states permit parents to
expose children to pornography or erotica. However, all persons, including
parents, are prohibited from transmitting obscenity to any other party. Most
states prohibit anyone from providing children with pornographic material,
i.e. corrupting their morals. Sex education materials discussing masturbation
may be appropriate for teens but inappropriate for prepubescent minors
(Cohen, Byers, Sears, & Weaver, 2004; Frohlich & Szewczyk, 1970; Young v.
Pleasant Valley School District, 2012). Certain words, depictions, or gestures
may be considered obscene or profane in pornographic contexts; but may
be acceptable in educational contexts. Juries may determine whether mate-
rials or conversations presenting information about masturbation to minors
were legitimately educational; or whether alleged educational purposes were
pretextual (Kahm v. U.S., 1962). Exploitative undertones and financial pur-
poses may demonstrate appeal to shameful interests in sex.
Material may be harmful to minors if it presents nudity or sexual activity

in a manner that meets the Miller test and only possess de minimis value
(Miller v. California, 1973). Some jurisprudential debate exists about whether
material could possess redeeming value for adults but not for minors;
whether adult community standards can be offended because material was
presented to minors but would not have otherwise been offended; and
whether sexual appeal in material may be shameful because it targets chil-
dren. Even though obscenity standards guiding law may seem to apply
equally to adult and children audiences, they may not always (Ginsberg v. New
York, 1968). In the best interest of children, society prevents children from
transmitting, e.g. discussing, corruptive material. Society likely bans adults
from transmitting obscenity to each other to protect society from moral de-
cay and harms caused by viewing hardcore pornography. Definitions of
words like “morals” and “corruption” may be somewhat open to debate; but,
fact finders are reasonably capable of deciding whether speech violated sub-
jective local standards of morality (Commonwealth v. Blumenstein, 1959; Haver-
ford College v. Reeher, 1971; Superior Films v. Department of Education, 1954).
Some members of the court may believe that discussing masturbation with a
child is per se obscene; but other communities may evaluate conversations
under the totality of the circumstances (Farringdon, Holgate, McIntyre, &
Bulsara, 2014). The Uniform Code of Military Justice (2014) criminalizes in-
decent language communicated to a child when it intends to humiliate, sex-
ually abuse, sexually gratify, or degrade any person. Indecency directly re-
lates to immorality, cruelty, and vulgarity. Under federal and state laws,
harmful discussions about masturbation with a child may result in misde-
meanor or felony charges; and offenses may violate sex offenders’ probation
(U.S. v. Caporale, 2012).
SEXUAL ASSAULT
Some studies show that masturbation prior to sexual assault reduces sexu-
al violence; however, other studies show that aberrant masturbation corre-
lates with sexual violence (Cusack, 2014b). Thus, relationships between mas-
turbation and sexual violence may be unclear or complex. Nevertheless, sex-
ual assault directly correlates with masturbation in several ways. First, child
molestation frequently involves forced masturbation. Perpetrators may fon-
dle victims or force victims to perform masturbatory acts on either party
(Marroni, 2013). Second, sexual predators may discuss masturbation with
children to groom victims (U.S. v. Caporale, 2012; U.S. v. Christy, 2010). Preda-
tors may attempt to lower children’s sexual inhibitions by pretending to can-
Masturbation 161
didly discuss mature topics. Predators who use social media to groom chil-
dren may pretend to be children to lure victims into discussing obscenity and
sexual fantasies to create opportunities for in-person encounters. They may
attempt to solicit nude photos from minors and may offer to share nude pho-
tos with minors (U.S. v. Dodge, 2010). Predators may solicit minors to partic-
ipate in masturbation and create pornography using video conferencing.
Third, masturbating in front of a victim may constitute a threat through
which a sexual assailant achieves compliance from a victim (U.S. v. Graham,
2010). Thus, in some jurisdictions, indecent liberties involving masturbation
may be prosecuted as sexual assault, even when both parties are adults (U.S.
v. Vann, 2011). Fourth, indecent exposure may be a paraphilia that escalates
into sexual assault (Bowen v. Haney, 2008; Millard v. Harris, 1968). A study of
231 sex offenders demonstrated that offenses may progress from noncontact
or “victimless” crimes, e.g. public masturbation, exhibitionism, and voyeurism,
to serious and violent sex crimes (Longo & Groth, 1983). Offenders who mo-
lest children, perpetrate rape, or commit other serious sex offenses are likely
to have been juveniles who first engaged in “victimless” crimes and sexually
inappropriate paraphilia. Some adults and seniors only begin to commit sex
crimes, e.g. public masturbation and sexual assault, later in life; these behav-
iors may potentially relate to physical health, mental health, alcohol abuse,
and other issues (McAleer & Wrigley, 1998).
CONCLUSION
Bedrooms, bathrooms, and clothing seem to create spaces in which people

may reasonably expect privacy. Although bedrooms are private, uncovered
bedroom windows may alter privacy analyses depending on the circum-
stances; similarly, visibility under clothing may alter the government’s pro-
tection of privacy rights. Publically visible nudity covered only by loose-fit-
ting clothing may potentially be similar to nudity visible at public swimming
pools. Public bathrooms are places in which members of the public may rea-
sonably expect privacy even when they engage in acts normally only permis-
sible inside bedrooms, i.e. private masturbation. Prison inmates are usually
forbidden from masturbating in public prison bathrooms for several reasons,
including maintaining societal norms and prison safety. Some members of
society may feel concerned about corruptive effects of conversations about
masturbation on minors. They may point to the fact that some sex offenders
first experience sexual deviance as children as a rationale for restricting
speech in the best interest of children and society.
REFERENCES
Arguellez v. Texas, 409 S.W.3d 657 (2013).

Bowen v. Haney, 622 F. Supp. 2d 516 (2008).
Boxer X. v. Harris, 437 F.3d 1107 (2006).
Clem, C. (2012). What to do about PREA. American Jails, 26(5), 8-10,12-14.
Cohen, J.N., Byers, E.S., Sears, H.A., & Weaver, A.D. (2004). Sexual health educa-
tion: Attitudes, knowledge, and comfort of teachers in New Brunswick schools.
Canadian Journal of Human Sexuality, 13(1), 1-15.
Commonwealth v. Blumenstein, 396 Pa. 417 (1959).
Cusack, C.M. (2014a). No stroking in the pokey: Promulgating penological policies
viance 7, 80-124.
Cusack, C.M. (2014b). Pornography and the criminal justice system. Boca Raton, FL:
Ex Parte Abundio Vazquez, 2013 Tex. App. LEXIS 5064 (2013).
Ex Parte Nyabwa, 366 S.W.3d 710, 711 (Tex. Crim. App. 2012).
Ex Parte Ronald Thompson, 414 S.W.3d 872 (2013).
Farringdon, F., Holgate, C., McIntyre, F., & Bulsara, M. (2014). A level of discomfort!
Exploring the relationship between maternal sexual health knowledge, religiosity
and comfort discussing sexual health issues with adolescents. Sexuality Research and
Social Policy: A Journal of the NSRC, 11(2), 95-103.
Friedman, L.M., & Grossman, J.L. (2013). A private underworld: The naked body in
law and society. Buffalo Law Review 61, 169.
Frohlich, H.H., & Szewczyk, H. (1970). Sexual experiences of students in Berlin:
Questionnaire results. Probleme Und Ergebnisse Der Psychologie, 32, 17-36.
Ginsberg v. New York, 390 U.S. 629 (1968).
Hampton, K.S., & Keilen, A. (2005). Legislative update: Criminal law. Texas Bar Jour-
nal, 68, 688.
Haverford College v. Reeher, 329 F. Supp. 1196 (1971).
Longo, R.E., & Groth, A.N. (1983). Juvenile sexual offenses in the histories of adult
rapists and child molesters. International Journal of Offender Therapy and Comparative
Criminology, 27(2), 150-155.
Kahm v. U.S., 300 F.2d 78 (1962).
Katz v. U.S., 389 U.S. 347 (1967).
Keel, T. (2003). 2003 legislative update: Criminal law: Changes to the penal code
and code of criminal procedure. Texas Bar Journal, 66, 670.
Marroni, S. (2013, August 13). Former music teacher sentenced to 2 to 6 years for
molesting students at the school. The Patriot News. Retrieved from http://www.
pennlive.com/midstate/index.ssf/2013/08/former_music_teacher_sentenced.
html
McAleer, A., & Wrigley, M. (1998). A study of sex offending in elderly people re-
ferred to a specialised psychiatry of old age service. Irish Journal of Psychological
Medicine, 15(4), 135-138.
Millard v. Harris, 406 F.2d 964 (1968).
Masturbation 163
Miller v. California, 413 U.S. 15 (1973).

Monsivais v. Arbitron, 2014 U.S. Dist. LEXIS 123840 (2014).
Murdock, S. (2014, May 23). Cop allegedly caught masturbating in Starbucks. The
Huffington Post. Retrieved from http://www.huffingtonpost.com/2014/05/23/cop-
masturbating-starbucks_n_5380427.html
Navarette v. California, 572 U.S. ___ (2014).
Nelson v. Texas, 2013 Tex. App. LEXIS 8807 (2013).
Reyes v. Texas, 267 S.W.3d 268 (2008).
Riley v. California, 573 U.S. ___ (2014).
Riley v. California. The Oyez Project at IIT Chicago-Kent College of Law. ( June 25,
2014). Retrieved from http://www.oyez.org/cases/2010-2019/2013/2013_13_132
State v. Bullis, 89 S.D. 212 (1975).
State v. Granville, 373 S.W.3d 218 (Tex.App.--Amarillo 2012, pet. granted).
Superior Films v. Department of Education, 346 U.S. 587 (1954).
Terry v. Ohio, 392 U.S. 1 (1968).
Texas Pen. Code § 21.15 (2014).
Uniform Code of Military Justice (UCMJ) 10 U.S.C. § 920. Art. 120 (2014).
U.S. v. Caporale, 701 F.3d 128 (2012).
U.S. v. Christy, 888 F. Supp. 2d 1107 (2012).
U.S. v. Dodge, 597 F.3d 1347 (2010).
U.S. v. Graham, 624 F.3d 69 (2010).
U.S. v. Vann, 660 F.3d 771 (2011).
Vasquez v. Texas, 2007 Tex. App. LEXIS 2737 (2007).
Young v. Pleasant Valley School District, 2012 U.S. Dist. LEXIS 69762 (2012).
Chapter 14
PRISONS
INTRODUCTION
M ales are reportedly responsible for the majority of violence in society

and correction environments. Corrective environments have been
criticized because of physical and sexual abuse by staff and inmates. Mostly
male staff and inmates suffer and perpetrate abuse. However, female staff in
juvenile delinquent facilities are responsible for a significant amount of sex-
ually inappropriate behavior. Male juveniles in adult prisons are seriously at
risk for male-perpetrated rape. Males may seek comfort and companionship
within religious groups while in prison.
MIXED SEX PRISONS
Most prisons are segregated by sex. However, a few prisons are mixed
sex. Prisons maintain separate wings for males and females. Female and male
guards may work with inmate populations of either sex. In 2005, England
built Her Majesty’s Prison (HMP) Peterborough, England’s first prison de-
signed to house both genders (The Anne Frank Prison Project, 2012). Male
and female wings are identical, but the male side houses 480 inmates while
the female side houses 360 inmates. These are uncrowded population esti-
mates. The women’s side has five wings and two houseblocks; and it contains
a mother-and-baby unit that accommodates 12 women. Houseblock One
contains a Young Offender Institution (YOI) and Detox Induction. The first
houseblock houses women whose cases have been remanded; this popula-
tion has not been sentenced (HM Inspectorate of Prisons, 2012). The women
are presumed to be innocent. Female inmates participating in Voluntary
164
Chapter 3
SEX AND MONEY
INTRODUCTION
G enerally, contracts for sex are invalid. Reasons vary for why sex com-
modification is illegal, but two main reasons are that: (1) socially imper-
missible power disparities are almost always involved in agreements for sex;
and (2) commodification of sex is perceived to be immoral by traditional
governments and societies. Some exchanges of sexuality for money seem to
be legal, but other criminal consequences for prostitution are well-known
and create a premium for certain behaviors. For example, a contract to have
sex amounts to prostitution even if parties are not paid because parties ex-
change sex. However, a contract to permit someone to film during sex may
be valid, i.e. pornography. Thus, agreements to engage in sex acts at a par-
ticular time or in a certain context may be valid; but remuneration for sex is
always illegal. Despite apparent willingness among some victims, victims of
sex trafficking are considered to be enslaved because remuneration is so low
or indirectly paid to pimps. Thus, the illegality of contracting for sex slaves
defines the act as much as the way in which money and people flow in the
black market.
TRAFFICKING
Commercial sex trafficking may be the most prevalent form of forced hu-
man labor (Cusack, 2014b; Walker-Rodriguez & Rodney, 2011). Annually,
millions of victims are trafficked domestically and internationally. Human
sex slavery is the largest black market enterprise behind drugs and weapons
smuggling. Victims flow from every global region including South Asia,
29
MALE PRISONS AND SEX CULTURE
Rape, hierarchy, and prison culture in male prisons are, for the most part,
distinct from female prisons. On one hand, prison is an austere environment
designed to effectively banish offenders and deny offenders comforts and
protection provided by society. On another hand, prison may be a highly
erotic environment. This may mostly be true of male environments (Mercer,
2004). Gay pornography tends to fetishize sailors, soldiers, prison inmates,
and others who seem to be trapped in all-male environments. Gay pornog-
raphy has repeatedly depicted prison as an arena for erotic sexual subjuga-
tion and surreptitious sexual deviance (Cusack & Waranius, 2013). In
pornography, prison is depicted as offering an idealized setting for voyeurs,
narcissists, rapists, easily dominated bi-curious heterosexual men, and other
groups (Mercer, 2004). Without females, males may use other males as sub-
stitutes for pleasure and objects of aggression—both figuratively in pornogra-
phy and literally in actual prison. Men may discover new interests in prison
even though they have not previously explored the possibility of sexually
dominating, submitting to, or becoming intimate with males, i.e. experimen-
tation or “conversion.”
Male prisons may be seen as rugged environments in which men are iso-
lated and forced to conform to societal norms. Men are not permitted to for-
nicate outside of marriage or with other men in prison. Aggressive and un-
ethical sex acts are deeply imbedded in how society understands prison cul-
ture within the context of great society. Traditional norms are enforced and
bucked by inmates who rape transgender inmates; inmates who rape child
molesters; and female guards who statutorily rape inmates. Thus, prisons
may be viewed as spaces where danger, sex, deviance, enforcement of
norms, violence, law-breaking, law-abiding, exhibition, and secrecy become
entangled, much like a sadomasochistic environment. In this context, soci-
ety, which imposes retribution and punishment on offenders, participates in
sadism; but, society may implicitly or inadvertently participate in masochism
as these sexually-charged environments breed recidivism and hardened
criminals who may reenter society.
Societal norms may appear to be unable or unwilling to regulate sexuality
among custodial populations. Men who have been victims of sexual impro-
priety or violence may feel or have experienced that society is unwilling to
believe or help them; or society may blame them for participating in sexual
activity or being incarcerated. Inmates who are in state custody may
metaphorically or symbolically appear to be restricted to prisons in a man-
ner similar to how women were traditionally restricted to the home. Mis-
treatment of women by their husbands was a private matter, not a public
matter. Thus, masculinized or seemingly sexually insensitive penological re-
Prisons 167
sponses may call for privatization of sexual problems in corrections environ-

ments. Thus, the government operates as inmates’ paternalistic husband pro-
viding minimal entertainment, food, clothing, and shelter, while cloaking
sexual abuse and violence. Because these paradoxes may be systemic, sexu-
ally aggressive or pathological inmates and guards may feel that public mas-
turbation, consensual homosexual sex, and prostitution are legitimately ap-
propriate ways to express sexuality, promote personal power, and exercise
liberty (Edwards, 2003). In the general population, violent, coercive, or non-
consensual sex acts occurring between cohabitants would normally trigger
domestic violence statutes; yet, inmates are not entitled to the same protec-
tions as other citizens; and sometimes they fail to receive or pursue protec-
tions to which they are entitled. Thus, this strained dynamic plays out in an
environment that provides no protection from a unique form of domestic vi-
olence.
Prison life for males attests to systemic failures resulting from passive ag-
gressive, aggressive, or institutional efforts to abrogate femininity, enforce
masculine aggression, and participate in dichotomous paradigms (Durfee,
2011; Suk, 2011). This is one theoretical explanation for why voluntary or
forced sexual penetration in prison is studied, anecdotally emphasized and
mythologized. Correction environments promoting masculine values may
promote heightened gender dyads to flout efforts to reform or emotionally
balance hardened inmates; and, to suggest that gender dyads play a role in
remedying social interpersonal failure for men. Perpetuation of male-female
dyads enforces constructs of masculinity defined by the absence of feminin-
ity. Thus, femininity is associated with failure or weakness; and masculinity
is associated with survival, dominance, control, or pleasure.
RAPE
In 2012, a total of 11,782 forcible rapes were reportedly committed by

males (FBI, 2012). Juvenile males allegedly committed 1,657 forcible rapes.
Females were only reported to have perpetrated 109 forcible rapes; juvenile
females reportedly only committed 25 forcible rapes. There are likely to be
more male rapists in incarceration. Estimates of rape in the general popula-
tion may be inaccurate due to underreporting among males; and, estimates
in prison may be inaccurate due to underreporting and underresponding by
prison staff and officials. Thus, statistics for female offenders and male vic-
tims may be artificially low. In prison, more men may be sexually assaulted
and raped than women because men are generally incarcerated at 10 times
the rate that women are incarcerated; however, women disproportionally
suffer higher rates of sexual assault more than men (CDC, 2012; Clem,
2012). Some estimates show that between 2 percent and 20 percent of male
inmates have been raped or sexually assaulted (Fellner, 2007). Male minors
in adult prisons are most likely to be sexually assaulted. Sexual predators,
child abusers, college graduates, transgender, and physically weak inmates
are some groups who are also targeted (Clem, 2012; Fellner, 2007). Most sex-
ual assaults will be perpetrated within an inmate’s first 24-hours in incarcer-
ation; but once an inmate has been raped, subsequent rapes are significantly
more likely (Clem, 2012). Inmates are most likely to perpetrate assault inside
a victim’s cell; although, inmates are more commonly abused by staff in
communal areas.
In 2011, 8,763 allegations of sexual misconduct and abuse were reported
in corrections facilities (BJS, 2014). Approximately half of the allegations in-
volved coercive sex acts and half involved sexual harassment and sexual
misconduct by corrections staff. Only 10 percent of all allegations were sub-
stantiated. Allegations of abuse perpetrated by inmates involved force or
threats in 44 percent of cases; only 11 percent of sexual abuse inflicted by
staff involved coercion, intimidation, or use of force. Some sexually predato-
ry staff may choose to work in corrections environments to pursue prison
fantasies and statutory rape fantasies (Mercer, 2004). Female staff committed
54 percent of all sexual misconduct and 26 percent of sexual harassment.
Eighty- four percent of sexual misconduct perpetrated by female staff mem-
bers involved voluntary sexual relationships with inmates. Only 37 percent
of incidents of sexual misconduct perpetrated by male officers were volun-
tary, i.e. without force or use of power. One of the highest reported rates of
sexual abuse by prison staff found that more than 12 percent of inmates had
been abused (Fellner, 2007). Of all substantiated cases in 2011, 78 percent of
sexually inappropriate staff were dismissed or resigned; yet only 45 percent
were referred for prosecution or convicted (BJS, 2014). Inmates who perpe-
trated sexual victimization were placed in solitary confinement in 73 percent
of substantiated cases. In substantiated cases of nonconsensual sexual acts,
only 48 percent of perpetrators were prosecuted; and only 19 percent of abu-
sive sexual contact cases were prosecuted.
Experts have recommended several strategies for reducing sexual coer-
cion and abuse in correctional environments (Clem, 2012). Education, cul-
ture change, professionalism, and interagency coordination are cornerstones
of progress. Education and emphasis on the importance of eliminating sexu-
ally inappropriate behavior can be strengthened by increasing incentives
and disincentives. Public education about prison safety, rape reduction, and
appropriate staff response strategies can help change culture and affect affairs
within prisons. Members of the public who enter prisons, e.g. chaplains,
should be trained and informed. Informational brochures and posters should
Prisons 169
be visible to everyone inside a prison. Gender issues should be explored.

These may include awareness about high incidence of frustration among
male staff with female inmates; high incidence of rape and trauma among
gay, lesbian, and transgender inmates; and behavior patterns among certain
inmate populations. Police, prosecutors, sex crimes investigators, and other
members of the criminal justice system should be convinced to buy-in to the
importance of investigation and prosecution. Prison staff should immediately
report allegations to key members in the criminal justice system to avoid the
appearance of negligence or cover-ups. All involved organizations should main-
tain a zero-tolerance policy, especially when sex abuse is foreseeable (PREA,
2003). Foreseeable risk includes excessive fraternization between staff and
inmates; and unsupervised contact between predatory and vulnerable in-
mates.
RELIGION
In 2011, Pew Research Center’s Forum on Religion and Public Life sur-
veyed prison chaplains in state prisons throughout all 50 states (Pew, 2012).
Though Pew identifies a significant number of volunteers providing some re-
ligious services, respondents to this survey were professional chaplains and
religious services coordinators, i.e. “chaplains.” A 50 percent response rate
resulted in 730 completed surveys. Eighty-one percent of chaplains said that
they only work with male inmates, which is consistent with significantly high-
er rates of incarceration among males (Pew, 2012). Eighty-five percent of
chaplains are male; and most are approximately 57 years old. Seventy per-
cent are white; 85 percent, are Christian; and more than 62 percent hold ad-
vanced degrees. Approximately half are self-described as conservative. Al-
most all have individual contact with at least 25 percent of all inmates in their
facilities.
Roughly three-quarters of chaplains say that inmates’ requests for religious
texts and spiritual leadership are approved (Pew, 2012). Approximately half
of special requests for religious diets, religious clothing, and articles of faith
are granted; but only 30 percent of requests for hair or grooming modifica-
tions are granted. Roughly, three-quarters of chaplains reported that inmates
commonly attempt to proselytize while in prison; and the same number of
chaplains reported that religious conversion is not uncommon in prison.
Approximately 41 percent of chaplains believe that religious extremism is
prevalent among inmates (Pew, 2012). Conversion to Christianity and Islam
is common, and chaplains identify most extremists as being Muslim or Pa-
gan. Classification of some groups may be difficult because of overlapping or
esoteric beliefs. Only about 20 percent of chaplains report extreme spiritual

and religious practices among Native Americans, Rastafarians, Santeros, and
Jews. “Extremism” was usually defined by chaplains as religious dogma es-
pousing hostility toward other sexualities, races, religions, or genders, and
promoting intolerance against sex offenders. Pew reported that one-third of
chaplains flagged extremism according to inmates’ needs for accommoda-
tions, e.g. religious clothing and food (Cusack, 2015; Pew, 2012). Anecdotal
evidence suggests that male sex offenders often hide-out in religious groups
for protection, or find forgiveness there (Cusack, 2014). Chaplains described
promotion of rape and other wrongful deeds by gangs pretending to be reli-
gions as part of extremist behavior.
JUVENILES
The Department of Justice (DOJ) reported that in 2012, approximately

1,390 juveniles reported being sexually victimized by staff at detention cen-
ters (Beck et al., 2013). This accounted for almost 8 percent of youth in de-
tention. Of these juveniles, 89 percent were males who were victimized by
female staff. Only 3 percent of juvenile males who reported abuse alleged to
have been abused by staff of both genders. These figures likely reflect the fact
that males may comprise nearly all adjudicated youth populations. However,
female staff may account for less than half of staff. Approximately 86 percent
of juvenile victims were repeatedly victimized by staff’s sexual misconduct.
The DOJ found that more than 20 percent of victimized youth were preyed
on more than 10 times by staff; and the same percentage were abused by staff
who used force or threats of physical harm. Nearly 12 percent of victims
were offered protection for sexual quid pro quo; and 20 percent of victims
were supplied with intoxicants. Slightly more than 30 percent of youth re-
ported that staff initiated sexual conduct; slightly less than one in five juve-
nile victims reported initiating sexual contact; and almost half reported that
either party could initiate sexual conduct.
Only 450 youth in detention, which is approximately 3 percent of youth,
reported being sexually violated by other youth. In some facilities, one-third
of youth reported sexual victimization, with staff committing the largest por-
tion of sexually inappropriate behavior. Five percent of juvenile females and
2 percent of juvenile males were reportedly forced to participate in sexual
contact by a juvenile in detention; however, 8 percent of juvenile males and
3 percent of juvenile females were reportedly sexually victimized by staff.
Whites were twice as likely as Hispanics and four times as likely as Blacks to
be victimized by other youth, 4 percent, 2 percent, and 1 percent respec-
Prisons 171
tively. Yet, almost 10 percent of Black youth 6 percent of white juveniles, and
6 percent of Hispanic minors in custody were victimized by staff. More than
10 percent of lesbian, gay, and bisexual youth were victimized by other
youth, but only 2 percent of heterosexually-identified youth were victimized
by other juveniles. Almost 68 percent of juvenile-perpetrated crimes in-
volved physical force or threat when youth perpetrated sexual conduct. One-
quarter submitted to sexual contact in exchange for protection or favors, and
almost 20 percent received intoxicants. Almost seven in 10 victims were re-
peatedly violated by other juveniles, but more than one-third reported mul-
tiple perpetrators. In more than 80 percent of cases, youth were uninjured
when sexually violated by other juveniles.
Male juveniles are often “turned-out” in adult prisons (Robertson, 2011).
They are the most targeted group for rape and physical abuse. By “getting a
man,” i.e. voluntarily sexually partnering with one inmate, boys avoid in-
juries, gang rape, and other undesirable consequences. Because juveniles are
likely to be smaller or weigh less than other inmates, it is unlikely that a ju-
venile will be viewed as a “real man;” but instead, they will be treated as
“bitches.” Without a man, they will likely become “punks.” A punk is typi-
cally heterosexual, and resists rape at first, but is overcome by force and
threats until he is publically, repeatedly, and completely deprived of mas-
culinity. Being raped significantly increases likelihood of future victimization
by various inmates. Thus, like juveniles in detention, juveniles in adult cor-
rections facilities are often forced into prostitution in which they trade sexual
favors for protection from physical beatings and rape.
EXECUTION
Capital crimes are mostly committed by men against men. For example,
one study of Federal Bureau of Investigation (FBI) records between 1976 and
1987 demonstrated that of all nonlaw enforcement-related homicides, total-
ing 215,273 homicides, 77 percent resulted in males being killed (Kellermann
& Mercy, 1992). Women were more likely to be killed by spouses and inti-
mate acquaintances, but were significantly less likely to be killed, overall.
Women were 200 percent more likely to be killed by intimate partners using
guns than they were to be killed by strangers using any weapon including
guns; although, men mostly used guns to kill nonrelatives and nonintimate
acquaintances. Men were not more likely to kill their intimate partners; men
only killed intimate partners in 20 percent of homicides perpetrated by men.
Women committed homicide against intimate partners or family members in
60 percent of reported cases. However, women committed fewer than 15
percent of homicides; and researchers noted that they comprised 50% of the
general population.
Death row inmates are almost all male. Some estimates show that women
are fewer than 2 percent of all death row inmates. For example, in 2014,
death row inmates in Florida included 388 males and 5 female; and Ten-
nessee had one female and 73 male death row inmates (Death Penalty Infor-
mation Center, 2014; Department of Corrections, n.d.; Florida Department
of Corrections, 2014). These statistics could indicate that women who kill are
less likely to receive a death sentence for a variety of reasons, including jury
bias, mental illness, perfect self-defense, and imperfect self-defense relating
to intimate partner violence. Self-defense is discussed in Chapter 6.
CONCLUSION
Prisons are sex-segregated institutions. Sex segregation helps corrections

departments to maintain order and safety among inmates and staff. Correc-
tions and delinquent environments separate adults from juveniles to main-
tain order and safety; but in some cases, juveniles are waived into criminal
courts and placed into corrections environments. They are susceptible to
physical and sexual abuse. In spite of masculine physical traits and masculine
social identities, adult male inmates may be sexually violated by male and fe-
male guards, as well as other inmates. Lack of education and enforcement
permit rape culture to thrive. Adult males are society’s and corrections’ most
violent demographic. This is reflected in the fact that almost all death row in-
mates are males. However, many inmates genuinely seek reform and partic-
ipate in spiritual betterment while incarcerated.
REFERENCES
(2012, June 12). Anne Frank Exhibition Returns to HMP Peterborough. The Anne
Frank Prison Project. Retrieved from http://afprisonproject.blogspot.com/2012/
06/anne-frank-exhibition-returns-to-hmp.html
(2012, March 22). Religion in Prisons – A 50-State Survey of Prison Chaplains. Pew
Research Center’s Forum on Religion & Public Life. Retrieved from http://www.
pewforum.org/files/2012/03/Religion-in-Prisons.pdf
(2012). Remand prisoners: A thematic review. HM Inspectorate of Prisons. Re-
trieved from http://www.justice.gov.uk/downloads/publications/inspectorate-re-
ports/hmipris/thematic-reports-and-research-publications/remand-thematic.pdf
Prisons 173
coverviewpdf
(2014). HMP Peterborough Prison Regime Info. Inside Time. Retrieved from
http://www.insidetime.org/info-regimes2.asp?nameofprison=HMP_PETER-
BOROUGH
(2014, September 11). Facts about the Death Penalty. Death Penalty Information
Center. Retrieved from
http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
(2014, September 16). Corrections Offender Network: Death Row Roster. Florida
Department of Corrections. Retrieved from http://www.dc.state.fl.us/activein-
mates/deathrowroster.asp
Beck, A.J., Cantor, D., Hartge, J., & Smith, T. (2013). Sexual Victimization in Juvenile
Facilities Reported by Youth, 2012: National Survey of Youth in Custody, 2012.
U.S. Department of Justice (DOJ). Retrieved from
http://www.bjs.gov/content/pub/pdf/svjfry12.pdf
Bureau of Justice Statistics (BJS). (2014, January 23). Allegations of Sexual Victimiza-
tion in Prisons and Jails Rose from 2009 to 2011; Substantiated Incidents Re-
mained Stable. Office of Justice Programs. Retrieved from http://www.bjs.gov/
content/pub/press/svraca0911pr.cfm
Center for Disease Control (CDC). (2012). Sexual Violence: Facts at a Glance. Na-
tional Center for Injury Prevention and Control. Retrieved from http://www.cdc.
gov/violenceprevention/pdf/sv-datasheet-a.pdf
Clem, C. (2012). What to do about PREA. American Jails, 26(5), 8-10,12-14.
Cusack, C.M. (2014). No stroking in the pokey: Promulgating penological policies
viance, 7, 80-124.
Cusack, C.M. (2015). Laws relating to sex, pregnancy, and infancy: Issues in criminal justice.
New York, NY: Palgrave Macmillan.
Cusack, C.M., & Waranius, M. (2012). Nonconsensual insemination and pornogra-
phy: The relationship between sex roles, sex crimes, and STRT, Gay, and She-
male films on Youporn.com. Journal of Research in Gender Studies, 2, (2), 15-33.
Durfee, A. (2011). I’m not a victim, she’s an abuser: Masculinity, victimization, and
protection orders. Gender & Society, 25(3), 316-334.
Edwards, W. (2003). Concerns from behind the fence: A comment. Sexuality and Cul-
ture, 7, (4), 90-92.
Fellner, J. (2007, December 16). US: Federal Statistics Show Widespread Prison
Rape. Human Rights Watch. Retrieved from http://www.hrw.org/news/2007/
12/15/us-federal-statistics-show-widespread-prison-rape
Foucault, M. (1995). Discipline and punish: the birth of a prison. (2nd ed). London, Eng-
land: Vintage Books.
Harrison, L., Cappello, R., Alaszewski, A., Appleton, S., & Cooke, G. (2003). The
effectiveness of treatment for substance dependence within the prison system in
England: A review. Centre for Health Services Studies. Retrieved from
http://kar.kent.ac.uk/7763/1/etdd.PDF
Kellermann, A.L., & Mercy, J.A. (1992). Men, women, and murder: Gender-specific
differences in rates of fatal violence and victimization. Journal of Trauma, 33 (1), 1-
5.
graphic video. Journal of Homosexuality, 47(3), 151.
(n.d.) Death Row Facts. Department of Correction. Retrieved from http://www.tn.
gov/correction/deathfacts.html
(November 9, 2012). Life sentenced prisoners. HM Prison Service. Retrieved from
http://www.justice.gov.uk/offenders/types-of-offender/life
Prison Rape Elimination Act of 2003 (PREA). (2003). Public Law 108–79—Sept. 4,
2003.
Robertson, J.E. (2011). The turning-out of boys in a man’s prison: Why and how we
need to amend the prison rape elimination act. Indiana Law Review, 44, 819, 852.
Suk, J. (2011). Redistributing rape. American Criminal Law Review 48, 111.
Women Prisoners of the D.C. Dept. of Corrections v. D.C., 877 F. Supp. 634 (1994).
Chapter 15
SEXUAL HARASSMENT
INTRODUCTION
S exual harassment is most frequently addressed by civil law; however, the

criminal justice system regularly deals with sexual harassment com-
plaints. In some instances, sexual harassment is prosecutable, e.g. unwanted
contact or sexual coercion. Cases of prosecutable sexual harassment regular-
ly occur in criminal justice environments. In recent years, inmates and prison
staff were increasingly investigated and held accountable for sexual harass-
ment and making false allegations of sexual harassment; but sexual harass-
ment affecting law enforcement may continue to be underaddressed.
MALE VICTIMS
Males are accused of sexual harassment more often than females; howev-
er, males are often victims of harassment perpetrated by males and females.
Police have been harassed by members of the public and colleagues; but ex-
amples of police sexually harassing or violating members of the public are
usually sensationalized by the media, whereas stories about police victimiza-
tion are usually ignored by the press, and sometimes, the government (Gor-
man, 2014). Similarly, sexual harassment of female guards, e.g. “gunning,” is
often ignored by the press and underprosecuted by the criminal justice sys-
tem. Though sexual harassment of male and female inmates has been cov-
ered more extensively by the press, it still underaddressed by prosecutors
(Cusack, 2014; Robertson, 1999). Gunning is discussed in Chapter 13 and
prosecution of staff sexual misconduct is discussed in Chapter 14. Public
masturbation in correction environments is usually perpetrated by males, but
anecdotal evidence demonstrates that female inmates frequently harass male
175
guards by exposing themselves. Women also allegedly expose themselves to

law enforcement. In one recent case, while an erotic dancer was being inves-
tigated for theft, she spontaneously removed her clothes and uttered obscen-
ities at police (Moye, 2014). After being arrested for resisting an officer, she
was held in custody at the local jail where she exposed her genitals to officers
and masturbated. She offered to prostitute herself so that police would re-
lease her from custody. Even though officers reported the incidents, the crim-
inal justice system failed to sanction her for her indecent behavior. Even if
offensive conduct is not prosecuted, inmates and criminal justice employees
could bring civil claims under 42 U.S.C. §1983 if they have been deprived
of constitutional rights.
MALE OFFENDERS
Criminal sexual harassment results when unwelcomed sexual conduct oc-

curs in the work place, e.g. indecent exposure or forcible sexual contact (Ru-
bin, 1995). It may possibly occur when obscenity is uttered in public. This
form of sexual harassment creates a hostile work environment. Quid pro quo
sexual harassment may be criminal when employees are threatened or co-
erced for sexual favors. Criminal justice employees may fear reporting sexu-
al harassment due to fear of retaliation. Numerous criminal justice employ-
ees have been awarded damages and won settlements relating to retaliation
for reporting sexual harassment.
A survey conducted in 2013 by Huffington Post found that 32 percent of re-
spondents had been sexually harassed on the job (Berman & Swanson, 2013).
Seventy percent of victims failed to report sexual harassment. Twenty per-
cent of female respondents reported sexual harassment by an employer or
supervisor; 25 percent reported harassment perpetrated by coworkers
(Berman & Swanson, 2013). Women were likelier than men to report harass-
ment by coworkers and employers. Six percent of men reported harassment
by a boss; and 14 percent were reportedly harassed by a coworker. More
than one in five respondents reported witnessing workplace sexual harass-
ment; of these, only one in three respondents reported what they witnessed.
The U.S. Equal Employment Opportunity Commission (EEOC) and state
and local Fair Employment Practices reported that in 2011, approximately 16
percent of 11, 364 sexual harassment complaints were filed by males
(EEOC, n.d.). Fifty-three percent of all complaints were resolved after inves-
tigations found no reasonable cause. However, the remaining cases generat-
ed $52.3 million in monetary benefits not including litigation.
When police commit sexual harassment, they may offer a quid pro quo or
make unwanted advances at colleagues or members of the public. In some
Sexual Harassment 177
cases, when an offer for quid pro quo is not accepted, police may make un-
wanted sexual advancements. Though sexual harassment and sexual assault
are illegal, victim-blaming may be prevalent in masculine environments, e.g.
law enforcement. In one case, a spokesperson for the Oklahoma Highway
Patrol suggested that if women want to avoid being harassed or raped by po-
lice officers, then they should only crack their windows and lock their doors
during traffic stops; and they should avoid committing traffic infractions that
could result in police encounters (Bassett, 2014). The spokesperson’s com-
ment was made in response to criminal charges brought against three troop-
ers who allegedly committed several rapes during traffic stops.
FALSE ALLEGATIONS
False claims of sexual harassment are rare (Center for Inquiry, 2014).
However, male police have been falsely accused of sexual harassment; and
corrections staff have been falsely accused of harassing women and men in
custody. Anecdotal evidence demonstrates that false allegations against law
enforcement may often relate to attempts by the public to manipulate or
strong-arm police. In one case, a woman alleged that an officer attempted to
solicit sexual favors from her in exchange for avoiding a parking ticket (Ara-
ta, 2014). She hit him with her car and drove for over one mile with the of-
ficer on the hood of her car while allegedly under the belief that he was a
sexual predator posing as an officer. Falsified allegations often correlate with
initial exposure to educational information about sexual harassment among
inmates. Deviants who misuse information will manipulate rules by making
false allegations. Each jurisdiction and branch of the criminal justice system
deals with false reports differently. For example, the Texas Juvenile Justice
Department addresses false allegations made using the Prison Rape Elimina-
tion Act (PREA) (Texas Juvenile Justice Department, 2013). Even though ed-
ucating youth about their rights increases likelihood of false reports, initial
spikes in reporting following education subside once youth test the system
and fail. Thus, Texas Juvenile Justice Department believes that thorough in-
vestigations typically expose false allegations in a timely manner. In Alaska,
the Department of Corrections may take disciplinary action against inmates
who file false sexual harassment reports (State of Alaska Department of Cor-
rections, 2014). Inmates who are guilty of making false reports may be or-
dered to pay restitution for investigation costs. Paramount to the effective-
ness of this policy is a provision clearly stating that unsubstantiated or recant-
ed claims are distinguishable from false allegations.
CONCLUSION
In recent years, more male victims of sexual harassment have sought

remedies as civil plaintiffs; however, many are finding recourse within the
criminal justice system. Male perpetrators are still more prevalent than fe-
male perpetrators. This is true among criminal justice employees, inmates in
custody, and in the general population. Although, new information and ac-
cess to reporting and investigation mechanisms has increased remedies for
many inmates, education may also correlate with false allegations among in-
mates. Access to reporting and educational resources does not appear to cor-
relate with increased false reporting among criminal justice employees. To a
great extent, systemic failures, dismissive attitudes, and retaliation continue
to inappropriately address sexual harassment against employees in criminal
justice settings.
REFERENCES
(2013). Prison Rape Elimination Act (PREA). Texas Juvenile Justice Department. Re-
trieved from http://www.tjjd.texas.gov/programs/prea.aspx
(2014, February 26). The anatomy of false accusations: A skeptical case study. Cen-
ter for Inquiry. Retrieved from http://www.centerforinquiry.net/blogs/entry/
the_anatomy_of_false_accusations_a_skeptical_case_study/
(2014, June 12). Policies and Procedures: Sexual Abuse / Sexual Assault and Re-
porting. State of Alaska Department of Corrections. Retrieved from
http://www.correct.state.ak.us/pnp/pdf/808.19.pdf
Arata, E. (2014, September 23). Woman tries to run over officer as he attempts to
give her a parking ticket. Elite Daily. Retrieved from http://elitedaily.com/news/
world/woman-run-over-officer-parking-ticket-video/769471/
Bassett, L. (2014, September 23). Cop’s tip for not getting raped by a cop: ‘Don’t get
pulled over’. The Huffington Post. Retrieved from http://www.huffingtonpost.
com/2014/09/23/oklahoma-police-rape_n_5870752.html
Berman, J., & Swanson, E. (2013, August 27). Workplace sexual harassment poll finds
large share of workers suffer, don’t report. Huffington Post. Retrieved from
http://www.huffingtonpost.com/2013/08/27/workplace-sexual-harassment-
poll_n_3823671.html
Cusack, C.M. (2014). No stroking in the pokey: Promulgating penological policies
viance, 7, 80-124.
Gorman, R. (2014, August 21). OKC cop accused of rape, sexual assault of at least 7
women during traffic stops. AOL. Retrieved from http://www.aol.com/arti-
cle/2014/08/21/okc-cop-accused-of-rape-sexual-assault-of-at-least-7-women-
Sex and Money 33
fickers’ lower-ranking positions and exposure to detection may result in dis-

proportionally high arrest and conviction rates. Thus, trafficking networks
may be male-driven by traffickers and clients, but may rely heavily on fe-
male participation. Women may represent 60 percent of convictions and 60
percent of victims; but they may be a small fraction of criminal actors. Men
may be convicted at lower rates in some regions. For example, in Eastern Eu-
ropean subregions, men may account 38 percent of total commercial traffick-
ing prosecutions; but, men may only represent 23 percent of convictions.
Women in certain subregions may comprise 62 percent of prosecutions, but
represent 77 percent of convictions. However, in the United States women
comprise 50 percent of prosecutions, but only make-up 42 percent of convic-
tions. Adult men only account for approximately 15 percent of trafficking
victims, but many may be undetected. In a few subregions, only men have
been convicted of sex trafficking indicating that men may exclusively traffic
humans in that area and female victims fail to work for crime syndicates in
low-level positions. Traffickers tend to be men who are situated locally. Due
to gender prejudices that fail to readily identify males as victims of sexual ex-
ploitation, victims with whom local traffickers affiliate may be presumed to
be locals or autonomous prostitutes. It is possible that females control sex
trafficking operations. They may be involved in international sex work syn-
dicates in which they perceive themselves as being empowered. Research in-
dicates that “victims” of sex trafficking may adopt narratives deriding sex
work and blame traffickers to gain status in a foreign jurisdiction because
laws tend to punish voluntary prostitution, but protect victims of sex traffick-
ing (Russell, 2014). Many international sex workers may voluntarily operate
as mail order brides, but become entangled with domestic or foreign justice
systems as a result of their “victimization.” Some victims, like Susana Remer-
ata, may be reluctant to report abuse until they are threatened with deporta-
tion (see Figure 3.2) (Tizon, 1996). Thus, they may use sex trafficking narra-
tives or domestic violence laws to their advantages. However, sex workers’
assertiveness or empowerment should not be overstated because it must be
weighed against the reality that sex workers face the risk of abuse, enslave-
ment, and domestic violence.
PROSTITUTION
Male prostitution and escorting are prevalent; though, not as prevalent as

female sex work. Almost all sex work clients, i.e. johns, are males. Many
johns patronizing males and females are married to women. Male prostitu-
tion has historically shared some subcultural similarities with female prosti-
Chapter 16
MALE SEX OFFENDERS
INTRODUCTION
M ale sex offenders are a serious and pervasive social problem. Sex of-
fending has numerous etiological pathways; but in almost every case,
it damages interpersonal relationships, and often, communities. Male victims
are often oppressed by masculine gender roles that prevent them from dis-
closing victimization or seeking help. The criminal justice system has devel-
oped several therapeutic approaches and penological responses to sex of-
fenders; however, due to vast variability among sex offenders no single ap-
proach has eliminated risk and recidivism.
PHALLOMETRIC TESTS
Phallometric tests, which measure blood flow to a penis during arousal,

are often used to determine whether sex offenders have been reformed by
treatment. The test may also be used to identify offenders’ specific deviant
sexual interests and erotic preferences for sex with children (Lykins, 2010;
Schmidt, 2014). To use a penile plethysmograph, first a transducer is placed
around an offender’s penis (Merdian & Jones, 2011). Then, different kinds of
pornographic images are presented to sexually stimulate the subject. A mul-
timethod analysis, e.g. Explicit and Implicit Sexual Interest Profile (EISIP),
relies on phallometric tests as well as self-reporting (Schmidt, 2014). Testing,
which may be inefficient, expensive, and time-consuming in some cases,
may effectively supplement otherwise unreliable clinical assessments. For ex-
ample, clinicians cannot infer arousal to sadism and humiliation unless it is
reported, or obvious, in specific contexts. Visual viewing time during phal-
lometric tests of sadistic themes may indicate arousal. Yet, clinical evalua-
180
Male Sex Offenders 181
tions may be necessary because sexual deviance measured by phallometirc

tests is not always evident. For example, one study found that only 50 per-
cent of child molesters were aroused during phallometric testing; and incest
offenders were even less identifiable by phallometric testing (Trapold, 2013).
Only 30 percent of rapists demonstrated deviant arousal (Marshall, 2009).
Even though some subjects may feel sexual arousal, they may not experience
correlative blood flow-increase due psychogenic causes, hormonal deficien-
cies, neurologic conditions, or vascular disease (Kolla et al., 2010a). Low dos-
es of Viagra may be administered to improve responses (Kolla et al., 2010b).
FETISHES
The criminal justice system most frequently encounters fetishes when au-
thorities investigate and prosecute of pornography offenses. Many pornogra-
phy offenders collect child pornography; and aim to collect rare depictions
available to members of online communities. In some cases, they attempt to
collect every photo in a particular series of photos. Offenders who possess
large collections, e.g. hundreds of depictions, frequently classify child pornog-
raphy according to fetishes and victim’s demographic criteria (Seto, Reeves,
& Jung, 2010). For example, sex offenders may aggregate depictions of vic-
tims with soft penises or hard penises; children wearing bathing attire or un-
derwear; or victims who have been penetrated or fondled. Some offenders
fetishize sex abuse according to their relationships with victims. Some may
file depictions according to intrafamilial and extrafamilial relationships
(Schmidt, 2014). Offenders who classify fetishes demonstrate intent to pos-
sess child pornography. Consequently, they are often unable to raise a rea-
sonable doubt that they unknowingly or accidentally downloaded child
pornography, which is a common defense (Cusack, 2014).
Offenders may save a variety of softcore or innocuous depictions along
with hardcore depictions, but classify depictions using different files. A study
of 11 male pedophiles who rarely used commercial pornography found that
many generated erotic depictions using television advertisements, child
modeling websites, clothing catalogs, underwear modeling pictures, and oth-
er media (Howitt, 1995). When authorities discover these depictions they
may initially charge offenders for possession, but prosecutors may drop
charges for certain depictions if they do not constitute obscenity or child
pornography. However, depictions that have been altered, e.g. photoshop-
ped, to fetishize children’s images may result in charges and convictions for
obscenity (Cusack, 2014).
Many rapists are fetishistically aroused by sexual sadism; and sexual
sadists may fetishize rape. They may collect sexually sadistic stories that de-
pict a mix of violence, harm, injury, threat, resistance, force, and nonconsent.
One study used a phallometric test to better understand fetishistic arousal to
sadistic stories (Seto et al., 2012). Eighteen men who self-identify as sadists,
22 men who engaged in some sadistic fantasies, and 23 men in a control
group who did not meet criteria for sadism were exposed to stories that un-
tethered violence and injury cues from resistance and nonconsent cues. Self-
identified sadists were found to cue to violence and injury significantly more
than the other men; however, none of the groups significantly differed in
their responses to nonconsent. Thus, fetishization of violence, not noncon-
sent was central to sadistic fantasies and arousal.
SEX OFFENDERS
Most sex offenders are male. Some research indicates that the majority of
sex offenders were victims of physical violence during childhood (Abbiati et
al., 2014). Childhood victimization may affect coping skills and emotional
wellness. Aggressive sex crimes and greed that perpetuates pornography
production offenses may be linked with patriarchy and masculine gender
roles that encourage men to dominate others sexually, socially, and econom-
ically. These theories are expanded on in Chapter 1. Rape supportive atti-
tudes; victim-blaming; justification; lack of sexual self-regulation; male or
adult supremacy; entitlement; and lack of fear of consequences are some rea-
sons that males may believe that they can sexually harm or control others
(McPhail, Hermann, & Fernandez, 2014).
There are many etiological pathways and explanations for why people of-
fend against children through hands-off, hands-on, and pornography offens-
es. Reasons may include emotional congruence with children; lack of con-
science; justification or normalization; personality problems; desire to be-
long to online pornography communities; substance use; sexual deviance;
learned behavior; and trauma (Aslan, 2014; McPhail, Hermann, & Fernan-
dez, 2014). Though males sexually offend against children more than fe-
males, female sex offending may be underreported. One reason may be mas-
culine gender roles that call for males to deny victimization. Another reason
may be sexist glorification of postpubescent statutory rape of male victims by
female perpetrators. One major explanation for all child pornography of-
fenses, including pornography, production is access to children (Sheehan &
Sullivan, 2010). Pornography producers may be motivated by money. They
may also crave status associated with production in online communities.
Masculine gender roles encouraging dominance and achievement of status
may play into cognitive and social process.
In 2012, the Federal Bureau of Investigation (FBI) reported data about sex
offenses in the Uniform Crime Report. Other than offenses for forcible rape
and prostitution, males committed 43,629 sex crimes (FBI, 2012). Of these,
18 percent were committed by juveniles. Only 3,740 females reportedly com-
mitted sex offenses, with minor females committing only 23 percent of
crimes. Thus, females committed approximately 9 percent of sex crimes.
This is generally consistent with incarceration rates because males are typi-
cally incarcerated at 10 times the rate of females within their same racial de-
mographic, e.g. Black, white, or Hispanic. Almost all data about juvenile sex
offenders focuses on males due to numerosity, even though female juveniles
are a larger ration of total sex offenders within their sex demographic. One
study of 66 female juvenile sex offenders in the Netherlands found that near-
ly 60 percent perpetrated abuse with a co-offender (Wijkman, Bijleveld, &
Hendriks, 2014). Several studies have identified the fact that female sex of-
fenders often co-offend with males. However, this study found that more
than one-third of female juvenile offenders offended without co-offenders.
Males perpetrate the majority of sex offenses against elder victims, who
are typically female (Pinto, 2014). Demographic criteria indicate that male of-
fenders may range from juvenile offenders to elderly offenders who prey on
acquaintances known to live alone. Sex offenders usually have histories of
disorderly behavior and use physical violence against victims. This popula-
tion of offenders is likelier than other suspects to be prosecuted and convict-
ed.
MALE VICTIMS
Sexual victimization of males is neither anomalous nor rare; however,

overall it is relatively infrequent in comparison to female victimization. Male
victimization is often context-specific. For example, intimate terrorism in-
volves threats, coercive behavior, and possibly, violence; all of which may
involve sex or sexuality, e.g. threats of outing. Generally, males are respon-
sible for the majority of this behavior; however, some females coerce males
and use violence to control male partners ( Jasinski, Blumenstein, & Morgan,
2014). Intimate terrorism is more typical within marriages than partnerships
experiencing situational couple violence (SCV). SVC may be contextual
gender balanced conflict that sometimes escalates to minor forms of intimate
partner violence.
Perpetration of stranger rape by females against nonintimate partner adult
male victims is extremely rare. It may correlate with offenders having men-
tal illness; incapacitated male victims; felony burglary perpetrated by fe-
males with male co-offenders; or other extenuating circumstances (Camp-

bell, 2014). One study found that 22 percent of females and 34 percent males
were raped by multiple co-offending strangers; however, 28 percent of males
and 44 percent of females were raped by lone strangers (Lundrigan, 2014).
Thus, males were more often gang raped by strangers. Most gang rapes of
male victims are perpetrated exclusively by males. Some research indicates
that male victims of stranger rape may be injured at greater rates dues to
weapon-use (Lundrigan, 2014). Yet, many studies indicate that women are in-
jured more frequently during sexual violence.
Rates of abuse among children have been reported to be between 3 per-
cent and 31 percent; with approximately 2-5 percent males reporting child-
hood abuse (Watkins & Bentovim, 1992). However, many studies indicate
that two to four times as many female children as male children may be
abused. Police may be likelier to become aware of extra-familial abuse
among youth. Male victims may be underdetected by clinicians because
boys fear being labeled homosexual or being doubted; and interfamilial vic-
tims may fear being taken into state custody. Male children affected by
abuse may become runaways, prostitutes, or psychiatric inpatients, which
further increases their likelihood of victimization (Leichtentritt & Arad,
2005).
FROTTEURISM AND PIQUERISM
Frotteurism is a disorder in which people make unwanted sexual contact

with members of the public, e.g. rubbing, brushing, and groping. Offenders
often defend by claiming that contact was accidental; though they often go
on sprees, which demonstrates modus operandi. The Diagnostic and Statistical
Manual of Mental Disorders 5th edition (DSMV) lists frotteurism as a paraphilia.
A diagnosis of frotteuristic disorder requires that an individual has had in-
tense and recurrent fantasies about nonconsensually rubbing or touching a
victim for the past six months. Diagnosis requires that fantasies have mani-
fested as behavior or urges that cause distress or functional impairment in so-
cial, occupational, or interpersonal contexts. Frotteurism may be specified in
controlled environments, e.g. corrections institutions, where contact is re-
stricted. Full remission may be specified if an offender has not recidivated in
an uncontrolled environment or experienced fantasies for at least five years.
Psychological and behavioral components separating many cases of frot-
teurism from other forms of sexual assault include delusions experienced by
an offender that he is intimately involved with a victim; and strong self-pre-
serving desires to flee immediately after perpetration (Kulbarsh, 2012). Penis-
es may be used to touch victims, although any part of an offender’s body

may be used. Victims’ buttocks, penises, testicles, breasts, and thighs are
most regularly touched. Most cases involve young males between the ages of
15 and 25 touching females. Sixty-eight percent suffer from comorbid mental
disorders, e.g. exhibitionism and voyeurism.
Piquerism occurs when an offender pricks or stabs a victim to gain sexual
satisfaction. A person suffering from piquerism may stab or prick his or her
own body parts, including genitals. Offenders who derive sexual pleasure
from stabbing or penetrating others’ skin may limit their activities to ran-
domly pricking or stabbing victims in public. For example, a serial stabber
in Virginia attacked several women in their twenties who were shopping at a
mall (Stabley & Schriffen, 2011). The offender would distract the women,
stab them, and then calmly walk away before victims realized that an attack
occurred. This pattern, including fleeing the scene, is relatively common.
However, some offenders may inflict lethal wounds on victims. This modus
operandi, which was identified as one of Jack the Ripper’s signatures, is very
rare among murderers (Keppel et al., 2005). In addition to other potential
charges, piquerism is aggravated assault, whereas frotteurism is often treated
as a misdemeanor. Both kinds of offenders may be required to register as sex
offenders.
CONCLUSIONS
Children, adolescents, and young adults are involved in a significant por-

tion of sex offenses. However, children and juveniles are more likely to be
victims of sexual assault than perpetrators of sexual assault; while young
adults are much likelier than juveniles to perpetrate sexual assault. Most vic-
tims of sexual assault are female and most perpetrators of sexual assault are
adult males. Male victims of sexual assault may be part of the dark figure of
crime due to underreporting. New methods for discovering and understand-
ing crime have developed in recent years and seem to offer increased insight
into relationships between sexual arousal, behavior, and victimization.
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Abbiati, M., Mezzo, B., Waeny-Desponds, J., Minervini, J., Mormont, C., & Gravier,
B. (2014). Victimization in childhood of male sex offenders: Relationship between
violence experienced and subsequent offenses through discourse analysis. Victims
and Offenders, 9(2), 234.
Aslan, D., Edelmann, R., Bray, D., & Worrell, M. (2014). Entering the world of sex
offenders: An exploration of offending behaviour patterns of those with both in-
ternet and contact sex offences against children. Journal of Forensic Practice,16(2),
110-126.
Campbell, A. (2014, September 15). Woman charged with breaking into home, rap-
ing man in Seattle. The Huffington Post. Retrieved from http://www.huffingtonpost.
com/2014/09/15/chantae-gilman-woman-rapes-man-seattle_n_5824456.html
Howitt, D. (1995). Pornography and the paedophile: Is it criminogenic? British Jour-
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Jasinski, J., Blumenstein, L., & Morgan, R. (2014). Testing Johnson’s typology: Is
there gender symmetry in intimate terrorism? Violence and Victims, 29(1), 73-88.
Keppel, R.D., Weis, J.G., Brown, K.M., & Welch, K. (2005). The Jack the Ripper
murders: A modus operandi and signature analysis of the 1888-1891 Whitechapel
murders. Journal of Investigative Psychology and Offender Profiling, 2(1), 1-21.
Kolla, N.J., Blanchard, R., Klassen, P.E., Kuban, M.E., & Blak, T. (2010a). Effect of
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Sexual Behavior, 39(6), 1449-1452.
Kolla, N.J., Klassen, P.E., Kuban, M.E., Blak, T., & Blanchard, R. (2010b). Double-
blind, placebo-controlled trial of sildenafil in phallometric testing. Journal of the
American Academy of Psychiatry and the Law, 38(4), 502-511.
Kulbarsh, P. (2012, March 19). Frotteurism: Sexual assault or accidental encounter.
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teurism-sexual-assault-or-accidental-encounter
Leichtentritt, R.D., & Arad, B. (2005). You male street workers: Life histories and
current experiences. British Journal of Social Work 35(4), 483-509.
Lundrigan, S. (2014). Victim gender, number of perpetrators, and interpersonal in-
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chard, R. (2010). The relation between peak response magnitudes and agreement
in diagnoses obtained from two different phallometric tests for pedophilia. Sexual
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Marshall, W.L., O’Brien, M.D., & Marshall, L.E. (2009). Modifying sexual preferences.
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congruence with children in sexual offenders against children: A test of theoreti-
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Merdian, H.L., & Jones, D.T. (2011). Phallometric assessment of sexual arousal. In-
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tice, and research. (pp. 141-169). Hoboken, NJ: Wiley-Blackwell.
Pinto, A.N., Rodrigues, F., Dinis-Oliveira, R., & Magalhães, T. (2014). Sexual offens-
es against elderly people: Forensic evaluation and judicial outcome. Journal of El-
der Abuse & Neglect, 26(2), 189.
Schmidt, A.F., Gykiere, K., Vanhoeck, K., Mann, R.E., & Banse, R. (2014). Direct
and indirect measures of sexual maturity preferences differentiate subtypes of
child sexual abusers. Sexual Abuse: Journal of Research and Treatment, 26(2), 107-128.
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197–248.
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fender and offence characteristics. European Journal of Criminology, 11(1), 23-38.
Chapter 17
MALE WORKING ANIMALS
INTRODUCTION
A nimals in criminal justice become involved in human masculinity and

sexual aggression. Some of their behavior is described as “masculine”
because it assertively exhibits sexuality that likely relates to biological sex
and arousal; some masculine behaviors may be displayed by either sex in re-
lation to dominance strategies or aggression. Animals in criminal justice may
be victimized by humans, especially males, who exhibit sexual aggression to-
wards animals or attempt to dominate animals using sexual contact.
K-9 SPAY AND NEUTER
Most animals working in the criminal justice system are probably spayed
or neutered; however, there is no single overarching policy or rationale guid-
ing practices across all agencies and species (ADI, 2014). Alterations among
rare working animals, like sea lions and dolphins, are difficult to estimate
(Cusack, 2015). However, estimates about dog neutering and spaying are
more accessible. The Humane Society estimates that 83 percent of animal
companions are spayed or neutered (Humane Society, 2014). Females police
dogs are often spayed; however, many males are likely to be unneutered
(National Police Dog Foundation, 2014). Some handlers and trainers may
only neuter males for health reasons; and anecdotal evidence demonstrates
that some handlers do not believe that dogs’ personalities, temperaments, or
training is affected by operations or loss of their testicles (Leerburg, 2014; Of-
ficer.com, 2005). Thus, some likely refrain from spaying and neutering be-
cause unnecessary alterations can harm animals.
188
Male Working Animals 189
Research demonstrates that general neutering and spaying may not bene-
fit domesticated animals. Some animals may benefit from it, but many do
not. Benefits usually relate to overcoming health problems. For example,
risks for testicular cancer are decreased when dogs with a single testicle are
neutered (Leerburg, 2014). However, risks for several diseases, including
bone cancer and urinary tract cancer, increase with neutering (Sanborn,
2007). In females, spaying may increase numerous health risks, including
cancer; spay incontinence in up to 20 percent of spayed dogs; and urinary
tract infection by 300 percent to 400 percent. Health benefits associated with
spaying may be somewhat greater than benefits associated with neutering.
Benefits of spaying reportedly include reduced risk of mammary tumors,
which is the most prevalent form of malignant tumors among female dogs.
MOUNTED POLICE GELDINGS
Almost all police horses are fixed males, i.e. geldings (Kramer, n.d.). Po-
lice reportedly use geldings because their temperaments are more even than
other horses, which allows mounted units to use them in crowds; around oth-
er horses; and in emergency situations (St. Paul Mounted Police, n.d.; Vigil,
2005). Horses are trained to be desensitized to noise and follow orders, but
they must also have calm and affectionate personalities. Geldings are signif-
icantly less likely to engage in other inappropriate behaviors associated with
testosterone and male horses’ masculinity (Canberra Equine Hospital, n.d.).
Objectionable characteristics include arousal, penile turgidity, mounting,
and aggression. In a few cases, geldings who engage in psychic masculine be-
havior can be reformed through discipline, isolation, and training. Between
20 percent to 30 percent of castrated horses continue to engage in masculine
behavior, including aggression and sexual arousal toward other horses; and
5 percent may continue to behave aggressively toward humans. In some cas-
es, horses may appear to be castrated, but they have undescended testicles
(The Furry Critter Network, n.d.). Evidence of behavioral changes among
castrated police horses may indicate that in many cases, aggression and sex-
ual dominance result from biology and sex; but training and naturally suit-
able personalities demonstrate how environmental and psychosocial factors
interplay with biological masculinity.
HUMPING
Though K-9 handlers may make jokes about canine officers humping,
humping can be problematic behavior (K-9 Vacancies, 2010; Scoville, 2009).
For the most part, canine officers’ humping tends to correlate with environ-
ment (Frawley, 2014). Often, it is not sexual as much as social. Experts iden-
tify several humping behaviors among canine officers that may correlate
with assertiveness depending on context. These may include humping chil-
dren, leg humping, indiscriminate humping, same-sex humping, and object
humping. In females, persistent humping may also be associated with med-
ical conditions, e.g. ovarian cysts.
Animals may hump handlers in an attempt to establish, or in response to
pack order. Properly trained handlers are capable of reducing or eliminating
humping behaviors by establishing pack order without domineering dogs or
diminishing trust and bonds; in some environments, leash correction may be
sufficient. However, in some cases, humping can express aggression; in this
context it is akin to pushing, shoving, and overbearing behavior (Absolute K-
9, 2014). Dominant aggression may be a demand for attention, although it
can pose substantial risk to the public and be a liability for a negligent han-
dler or agency (K9 Magazine, 2012).
SEX ABUSE
Male service animals and working animals have been sexually abused by
handlers. In general, there are several motives for sexual abuse against ani-
mals, including opportunism; experimentation; fixation; zoophilia; domi-
neering attitudes; sadism; and revenge against animals, owners, and society
(Cusack, 2014; VACTF, n.d.). Estimates of the prevalence of bestiality perpe-
tration among males vary widely. Some studies have found that it is rare,
while other studies have found that most male respondents had sexual con-
tact with animals. Populations that include psychiatric patients and sex of-
fenders are some examples of populations that are likelier to perpetrate bes-
tiality than males in the general population. Yet, several estimates show that
approximately 5 percent to 15 percent of males may have had sexual contact
with an animal.
Nature-based or pastoral fantasies may encourage and reflect the perva-
siveness of wild and bestial desires (see Figure 17.1) (Mercer, 2004). Idyllic
agrarian settings are popular backdrops for pornographic narratives. Thus,
perception about bestiality may be mixed due to common fantasies about an-
imalistic sexuality. While traditional morality opposes crimes against nature,
Figure 17.1. Thomas van Ypern, Pastoral Idyll.
e.g. sex with animals, popular fantasies and erotic depictions incorporating
human-animal connections may demonstrate society’s willingness to tolerate
some interspecies sexuality (Cusack, 2015).
Some jurisdictions criminalize harm to animals, but not mere sexual expe-
riences. Cruelty laws in every state criminalize intentional injury to animals
as misdemeanor or felony cruelty; however, many jurisdictions have failed
to criminalize sexual contact, e.g. fondling. Only recently have jurisdictions
begun to expand their laws to include provisions protecting animals from
molestation. A popular case that spurred much broader legislation arose in
Enumclaw, Washington. In that case, a man died after voluntarily being pen-
etrated by a horse. A few locals regularly permitted horses to sodomize them
on this man’s property. Forensic evidence demonstrated that horses were not
physically harmed by the sex acts; thus, the perpetrators could not be pros-
ecuted for cruelty. In response, the state of Washington passed broad cruelty
legislation addressing sexual abuse of animals.
Sexual abusers may intend to humiliate animals or people (VACTF, n.d.).
In Virginia, corrections staff were charged with cruelty and fired from their
jobs after they created masturbated a canine officer (Paw, 2009). Several cor-
rections staff members allegedly hazed a fellow staff member by tricking him
into believing that if he masturbated a canine officer, then he would have
greater control over the dog. They filmed the event, which may generally be
considered obscene. They were charged with cruelty, but moralists and ani-
mal welfare activists raised concerns about bestiality statutes that only punish
crimes against nature, e.g. sodomy with animals, and cruelty, e.g. intention-
ally injuring animals, but do not directly criminalize animal bestiality.
CONCLUSION
Many animals in criminal justice have been altered for medical and social
reasons. It has long been believed that spaying and neutering generally ben-
efits all animals, but some animals may not benefit as much as others. Male
canine officers may often be intact because neutering would not likely alter
aggressive or objectionable masculine behaviors. However, equine officers
are almost always neutered to improve sociability and reduce masculinity.
Although licensed medical professionals are permitted to touch animals’ gen-
itals to perform spaying and neutering, other individuals who touch animals’
genitals may be prosecuted for sexually molesting animals. In some jurisdic-
tions, prohibitions against molestation are more expansive than in other ju-
risdictions that mainly prosecute abusive contact.
REFERENCES
(2005). Officer.com. Thread: Neutered patrol dogs? Retrieved from

http://forums.officer.com/t37141/
(2009, November 3). VA K-9 Officer trainees sexual abuse dog. Partnership for An-
imal Welfare (PAW). Retrieved from www.paw-rescue.org/PAW/.../AnimalIssues-
Bulletin3Nov2009.doc
(2010, December 3). K-9 Vacancies. Leo Affairs. Retrieved from http://www.leoaf-
fairs.com/vb_forums/showthread.php?94813-K-9-Vacancies
(2012, March 27). Why is my dog humping everything? K9 Magazine. Retrieved from
http://www.k9magazine.com/dog-humping/
(2014). Dog training for aggression. Absolute K-9. Retrieved from
http://absolutek9.com/dog-training-for-aggression/
(2014, January 30). Pets by the numbers. Humane Society. Retrieved from http://
www.humanesociety.org/issues/pet_overpopulation/facts/pet_ownership_statis-
tics.html
(2014). National Police Dog Foundation. FAQs (Frequently Asked Questions). Re-
trieved from http://www.nationalpolicedogfoundation.org/faq/faq.html#Do_
you_neuter_and_or_spay_police_dogs_
(2014). Neutering male dogs: Should you or shouldn’t you. Leerburg. Retrieved from
http://leerburg.com/neuter.htm
(2014). Service Dogs Training Standards. Assistance Dogs International (ADI). Re-
trieved from http://www.assistancedogsinternational.org/standards/assistance-
dogs/standards-for-dogs/training-standards-for-service-dogs/
lisher.
Frawley, E. (2014). Training police service dogs Q&A. Leerburg. Retrieved from
http://leerburg.com/qaprotpl.htm
Kramer, M.H. (n.d.). Mounted police officer. Animal careers. Retrieved from http://
animalcareers.about.com/od/Equine/a/Mounted-Police-Officer.htm
graphic video. Journal of Homosexuality,47(3), 151.
(n.d.). Animal sexual abuse: Fact sheet. Vermont Animal Cruelty Task Force
(VACTF). Retrieved from http://www.vactf.org/pdfs/bestiality-factsheet.pdf
(n.d.). FAQ’s. St. Paul Mounted Police. Retrieved from http://www.stpaulmounted-
police.org/faqs.htm
(n.d.) Thoroughbred. The Furry Critter Network. Retrieved from http://www.fur-
rycritter.com/resources/horses/Thoroughbreds.htm
(n.d.). Why do some castrated horses still act like stallions? Canberra Equine Hospi-
tal. Retrieved from http://canberraequinehospital.com.au/Portals/canberrae-
quine/Why%20Do%20Some%20Castrated%20Horses%20Still%20Act%20Like%
20Stallions.pdf
Sanborn, L.J. (2007, May 14). Long-term health risks and benefits associated with
spay/neuter in dogs. The National Animal Interest Alliance. Retrieved from
http://www.naiaonline.org/pdfs/LongTermHealthEffectsOfSpayNeuterInDogs.p
df
Scoville, D. (2009, November 17). Normally I’d just hump your leg, but ok. Police
Magazine. Retrieved from http://www.policemag.com/blog/patrol-
tactics/story/2009/11/normally-i-d-just-hump-your-leg-but-ok.aspx
Vigil, D. (2005, October 2). Trotting a beat in San Francisco. San Francisco Gate. Re-
trieved from http://www.sfgate.com/entertainment/article/Trotting-a-beat-in-San-
Francisco-2605129.php
Chapter 18
JUVENILES
INTRODUCTION
J uveniles are at risk for victimization and perpetration of crimes relating to

hypermasculinity, aggression, sex, and sexuality. Among juveniles, bully-
ing, domestic violence, and child pornography may relate to use of technol-
ogy, cyberspace, and social media. Juveniles with alternative sexualities may
be at significantly increased risk.
BULLIES
Criminal law designed to control adolescents is a departure from the way

that children online have been viewed as potential targets and victims. Some
critics of the criminal justice system feel that excessive control imposed by
criminal law on adolescents using technology impinges on freedom even if it
stops some bullying (Stone, 2012; van der Hof & Koops, 2011). Critics argue
that anti-sexting policies should be better crafted and less guided by author-
itarian approaches because adolescents are perceived as freedom-seeking.
Recent trends indicate that law enforcement is attempting to crack down on
predatory sexting, yet attempting to avoid prosecuting voluntary activity be-
tween teens.
Sexting involving bullying or sextortion has correlated with suicide (Corn-
well, 2014). Risks associated with sexting include distribution of a child’s
photo in perpetuity, i.e. transmission of child pornography; humiliation, i.e.
unwanted distribution to third parties; and shaming. In numerous cases,
teens have committed suicide after being tricked into providing nude photos
to a bully (Cannon, 2011). Researchers have concluded that most parents are
194
Juveniles 195
unaware of sexting and risks associated with it, e.g. bullying and suicide
(Bier, 2011). A single case with complex criminal justice and sociosexual im-
plications resulted in thirty-one male students electronically transmitting in-
decent photos of themselves to a classmate who had a history of sex offend-
ing against a three-year-old child (Gross, 2010). The classmate pretended on-
line to be a female, i.e. catfishing. After receiving the photos, the offending
classmate extorted sexual favors from seven male classmates before he was
arrested. He was sentenced to 15 years of incarceration and 13 more years of
extended supervision. The offender is at increased likelihood of being vic-
timized by rapists in Wisconsin Department of Corrections because he was a
minor with a slight physical build. Prison rape and institutionalized juveniles
are discussed in Chapter 14.
Some bullies will monitor victims’ whereabouts on social media; this be-
havior is not limited to acquaintance-level social relationships (Miller, 2014).
It can manifest in dating relationships as stalking and intimate terrorism.
While engaged in dating relationships, juvenile bullies may threaten partners
who refuse to return their calls, provide nude depictions, or submit to con-
trol. Between one-fifth and one-quarter of youth are estimated to have been
victims of cyber dating abuse; in homosexual dating relationships, rates
among youth increase to approximately 37 percent. Researchers found that
approximately 84 percent of cyber dating abuse victims also experienced
psychological dating abuse; and more than half experienced physical dating
violence. Manipulating social media permits bullies to cast victims in a cul-
pable light to displace blame for aggression. For example, a bully may use
social media to call-out or shame a victim who has not returned a phone call.
Victim-blaming may drive youth to commit suicide because they are bullied
and feel blamed; thus, are subject to social dynamics in which they have no
support or relief. Schools may be a bastion for all forms of bullying, espe-
cially when technology use in schools is unmonitored by parents or school
employees; and students are untrained about how to properly use technolo-
gy.
DOMESTIC VIOLENCE
Childhood exposure to violence significantly increases likelihood of do-

mestic violence (Edwards et al., 2014). Family violence correlates with per-
petration of violence by teens and young adults. Hostile-Dominant Interper-
sonal Problems (HDIP) develop thereby increasing likelihood of violence in
subsequent generations. Etiological pathways include childhood sexual
abuse and psychological abuse. Pathways predicting HDIP include physical
intimate partner violence (IPV), sexual IPV, and psychological IPV. How-
ever, a study of 228 college men demonstrated that exposure to interparental

violence was not an etiological pathway. These findings are not supported by
most literature indicating that children who witness domestic violence are
significantly more likely to participate in cycles of violence later in their own
families (Cusack, 2013). Bivariate analysis in this study indicated a correla-
tion between exposure to interpersonal violence, IPV, and HDIP. These re-
sults are consistent with existing literature.
Gender may be too complex to isolate as a single researchable variable
(Messinger, 2011). Critics of gender research have suggested that empirical
studies about relationships between masculinity and domestic violence may
be more accurately reduced to binary explanations, i.e. male and female vi-
olence. Yet, homophobic attitudes and beliefs that women should conform to
feminine gender roles have been linked to enforcement of gender roles
among youth. Thus, theoretical understandings of gender constructs may im-
prove aggression treatment. In a stratified sample of 4,027 adolescents, psy-
chological traits were used to measure gender trait predictiveness. Re-
searchers found that lack of femininity, not presence of masculinity, was pre-
dictive of IPV victimization and perpetration risks for males and females.
Homosexual male youth may feel obligated to don masculine gender traits
to closet themselves. They may fear outing and feel forced to behave in a hy-
permasculine manner. Outing may be a form of domestic violence used to
constrain gender fluidity and exercise control (Yu, Xiao, & Liu, 2013). Out-
ing imposes rigid and binary straight/gay gender identity constructs on a vic-
tim. It is a unique form of domestic violence affecting homosexuals. Outing
resembles heterosexual domestic violence that results when paramours in-
tentionally reveal adultery because outing can cause psychological harm and
instigate violence. Both forms of abuse involve public shame, and possibly,
rejection by one’s family. Yet, outing is distinct from other forms of domestic
violence because of the potential severity of abuse in patriarchal and homo-
phobic communities. One study found that dating violence may include
threats to out intimate partners. Of 418 male homosexual respondents, ap-
proximately 33 percent reported past abuse. Approximately 12 percent had
reported that intimate partners threatened to out them; and approximately
84 percent never disclosed abuse to anyone. Researchers compared these
self-reports of abuse to 330 self-reporting heterosexual males and found that
abuse among homosexual respondents was almost six times higher.
RISKY BEHAVIOR
The Center for Disease Control and Prevention (CDC) analyzed data
gathered from several sites to assess sexual behavior, risk, and prevalence of
Juveniles 197
sexual contact among students in grades 9 through 12 (Kann et al., 2011).

Risky behaviors included violence, attempted suicide, alcohol use, drug use,
sexual activity, and problems with weight management. These risks are some
of the leading causes of death among adolescents and young adults. Howev-
er, these risk factors are not the only risks affecting youth; youth may be af-
fected by particular risks regionally, e.g. dental hygiene, driving, or use of all-
terrain vehicles (ATVs) (CDC, 2013). Between the years 2001 and 2009,
CDC found that prevalence of several risky behaviors among homosexual
and bisexual students was higher than among heterosexual students. Of all
risky behaviors measured by CDC, there was a median rate of approxi-
mately 64 percent among homosexual students, which was higher than
among heterosexual students. Bisexual students had a median of 76 percent
for all risky behaviors. Students who had sexual contact with both sexes re-
sulted in a prevalence of 71 percent among all factors. Prevalence of risk
among students participating in strictly heterosexual contact was approxi-
mately 30 percent. To some extent, risk-taking likely involves strain, secrecy,
lack of support, deviance, trauma and other issues associated with youth who
engage in nonheteronormative sexual activity or sexually identify as gay or
bisexual.
SEXUAL ASSAULT
Some male juveniles are rapists; however, the majority of sexual assailants
are not juveniles. The Federal Bureau of Investigation (FBI) published statis-
tics in the Uniform Crime Report on the number of sex offenses, not includ-
ing forcible rape, reported in 2012 (FBI, 2012). In total, males reportedly
committed 52,719 sex offenses. However, male juveniles only reportedly
committed 1,310 of these, which is only approximately 2 percent. Females re-
portedly committed 18,710 sex offenses, which is approximately one-third of
sex offenses committed by males. Female juveniles reportedly committed
834 sex offenses, which is approximately 64 percent as many as juvenile
males. Thus, juvenile females are approximately one-third more likely to
commit sex offenses than adult females in comparison to males of the same
age groups.
Social and environmental factors contribute to male juveniles committing
sex offenses. This population tends to have increased histories of maltreat-
ment compared to nonoffenders (Burke, 2012). Juvenile males who commit
sex offenses frequently experience personality, mood, conduct, and behav-
ioral problems. They tend to lack socialization skills and impulse control.
They frequently experience learning disorders and problems; and they are
much likelier than nonoffending juveniles to have histories of disturbances at

school.
Sociosexual theories of crime are supported by findings that younger
women are likelier than older adult women to be raped during a robbery
(Felson & Krohn, 1990). However, opportunity-based theories of crime may
or may not be supported by this finding because robbers may have equal op-
portunity to rape younger and older victims. Yet, young offenders are less
likely to commit rape using nonstrategic violence, which could potentially in-
dicate that use of nonstrategic violence and opportunity share an inverse re-
lationship for young offenders.
Male juveniles are more likely than female juveniles to perpetrate gang
rape. However, gang members are more likely to be adults than juveniles
(National Gang Center, n.d.). In London, gang members are responsible for
approximately 14 percent of rapes; and this figure may be generalizable to
other similar major cities (Camber, 2012). Chicago police reports demon-
strate that gang rape victims and offenders are younger than single victims
and offenders (Ullman, 1999). They are likelier to be unemployed, but not
likelier to be economically or socially disadvantaged. Gang rape was more
likely to involve alcohol and drugs. One reason that rapists may operate in
gangs is that gang rapes require less reliance on weapons; and victims resist
less during gang rape than single rape even though victims are likelier to ex-
perience more severe injuries. Gang rapes are likelier than single attacks to
occur at night. Because gang rapists and victims are younger, risks likely in-
clude absence of authority, e.g. out at night without parents. This possibility
is supported by rational choice theory, routine activity theory, and other the-
ories of crime. These crimes may be likelier to involve people who lack
strong ties to society in a variety of capacities. For example, gangs may rape
victims who seem to perceive their social support networks negatively (Ull-
man, 2007).
CHILD PORNOGRAPHY
Arrest, adjudication, conviction, or institutionalization among juvenile sex

offenders is relatively uncommon in comparison to adult sex offenders.
Some juvenile-perpetrated sex offenses are more dangerous or risky than
others. Riskier and harmful crimes garner more attention from the criminal
justice system and media than passive crimes. For example, law and society
tend to focus on sexual assault more than teen sexting (see Figure 18.1). For
example, commercial child pornography production involving prepubescent
children is worse than voluntary teen sexting or downloading child pornog-
Juveniles 199
raphy. A minor’s immaturity may be considered by courts; however, it does

not presumptively excuse passive crimes. In U.S. v. Reingold (2013), an imma-
ture 19-year-old was sentenced to 30 months in incarceration for a single of-
fense of downloading child pornography. The court found that the offender’s
immaturity was irrelevant because he was an adult offender, not a juvenile
delinquent (Criminal Law Reporter, 2013). Thus, even though 18-year-olds
and 19-year-olds are teens, they are prosecuted as adults for passive pornog-
raphy offenders.
In the U.S., law enforcement’s attempts to stop sexting typically have been
moderate unless teens are being exploited by third parties. However, non-
commercial self-exploitation is not illegal in many jurisdictions. A few juris-
dictions specifically decriminalize certain forms of self-exploitation by mi-
nors. For example, in California, married emancipated minors may partici-
pate in commercial pornography production (Cusack, 2014). Yet, numerous
jurisdictions worldwide view juvenile self-exploitation as problematic and
criminal. Researchers examining 159 Dutch police files found that more than
10 percent of child pornography offenders were juveniles (Leukfeldt, Jansen,
& Stol, 2014). These figures include juveniles who transmitted homemade
child pornography featuring their own images.
Figure 18.1. Teen selfie.

Some research demonstrates that juveniles comprise between 3 percent

and 15 percent of child pornography consumers (Aebi, 2014). Juveniles who
consume pornography share demographic characteristics with other juvenile
sex offenders. Researchers analyzed 42 juveniles who had committed posses-
sion crimes; 64 juveniles who committed hands-on offenses against younger
children; and 104 juveniles who sexually assaulted peers or adults. Juveniles
who possessed illegal pornography, but not child pornography, tended to
download less material over a shorter period of time. Juveniles who commit-
ted child pornography crimes had fewer previous offenses and were less like-
ly to recidivate than the other groups of juvenile sex offenders.
Like adults who commit child pornography offenses, juvenile child
pornographers lack self-control and may become deviant in an attempt to
belong to online communities (Holt, Bossler, & May, 2012). Associations
with likeminded offenders may alleviate loneliness and isolation online while
simultaneously contributing to juveniles’ isolation from general society.
Thus, participation in online pornography communities may have a spiraling
effect. Cyberdeviance among juveniles relates to child pornography offenses,
as well as piracy, hacking, and harassment, which may result in juveniles re-
cidivating in other ways.
Juvenile sex offenders may be less likely than nonsexual offenders to re-
cidivate; and they may be less likely to recidivate by committing sex offens-
es. Researchers compared 32 violent nonsexual juvenile offenders with 32
preadjudication juvenile sexual offenders referred into programs by police
(Driemeyer et al., 2013). Sexual offenders tended to have lower rates of anti-
social behavior and externalizing disorders, i.e. Attention-Deficit Hyperac-
tivity Disorder (ADHD), Oppositional Defiant Disorder (ODD), and Con-
duct Disorder (CD). Juvenile sex offenders were relatively inexperienced
sexually; were less trusting; and were less likely to have been victimized. Ju-
venile sex offenders experienced more sexual deviance, but were less likely
to report pornography use and obscene calls. A recent study that found that
of 184 male sex offenders ranging in ages from 10-years-old to 21-years-old,
only 13 juveniles recidivated with sex offenses, but 90 recidivated nonsexu-
ally throughout a time period that exceed four years (Stevens, 2013).
CONCLUSION
Juveniles who lack authority figures, deviate sexually, take risks, and have
histories of misconduct may be much likelier to become delinquent. Offens-
es against adults and other juveniles may include violence, sexual assault,
and cybercrimes, e.g. sextortion and child pornography. Juveniles are re-
sponsible for only a fraction of crimes, including sex offenses; however, they
Juveniles 201
are regularly victimized by peers and adults, especially in online environ-

ments.
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Chapter 19
MISUNDERSTOOD MAXIMS OF
MASCULINITY
INTRODUCTION
R ambunctious, aggressive, harassing, or risky behavior often results in

crime and victimization; however, in moderation, masculinity describes
and condones these behaviors as “assertiveness” and “being cocksure.” Dis-
orderly conduct, stalking, road rage, and fighting are some of the crimes that
result when maxims of masculinity are misunderstood or exhibited in excess.
DISORDERLY CONDUCT
Conduct crimes include violence, abusive language, indecency, profanity,

boisterousness, loudness, unreasonable behavior, provocation, and disrup-
tion (Haverford College v. Reeher, 1971). This kind of conduct is not limited to
public spaces. It may occur in private places. In 2012, 249,828 males report-
edly perpetrated disorderly conduct; of these, 49,943 were juveniles. This
ratio, which is nearly 1:5, is higher than for other crimes. In total, 99,540 fe-
males were reported for disorderly conduct, of whom 27,742 were younger
than 18 years old. Among women the ratio of adults to juveniles was over
1:3. This ratio is a significant upward departure from other crimes.
Disorderly conduct, noise ordinance violations, disturbing the peace, con-
tempt of court, and other misdemeanors arise when members of the public
are combative, rowdy, or aggressive. Maxims of masculinity that encourage
assertiveness, command, territoriality, entitlement, confrontation, and other
forms of defensive or authoritative behavior may be misconstrued or misap-
plied during conduct crimes. People misconducting themselves using hyper-
203
Sex and Money 39
controlling attitudes. Controlling attitudes may cause members of the crimi-

nal justice system to perceive outcomes of criminal cases as being flexible to
one’s personal volition. Thus, a few criminal justice members may feel enti-
tled to resolve criminal matters by exercising discretion in exchange for fa-
vors ( Jacksonville Action News, 2009). In California, for example, an officer
distributed his phone number to female motorists after writing speeding tick-
ets; and suggested that they could settle their speeding tickets using elicit
means (PoliceOne.com, 2012). The officer asked the court to dismiss a speed-
ing ticket for a woman from whom he accepted sexual favors. He was sen-
tenced to two years in prison. In some scenarios, officers may conflate illegal
exercise of discretion with legitimate use of authority. In one example, offi-
cers received small bribes and sexual favors from a local brothel (Rashbaum
& O’Donnell, 2006). They collected information from the local brothel that
they used to shut down competing brothels. Officers’ use of criminals as con-
fidential informants in exchange for immunity may be permissible as long as
legal means are employed; however, accepting cash and sexual favors in ex-
change for protection is bribery.
Gendered appropriation of power and sexual dominance may be internal-
ized by police and members of the public. For example, female police offi-
cers may perpetuate sexual subordination of women, which could devalue
their professional authority. Professional authority may also be devalued as a
result of officers’ voluntary participation in crime. Devaluation of their pro-
fessional authority may expose them to sexual harassment and sexual solici-
tation. For example, two police officers were caught on film accepting a bribe
from a male motorist (City Press, 2013). After accepting money from the mo-
torist, a female officer somewhat reluctantly performed oral sex on the mo-
torist; and then left the scene with a male officer.
Traditional justice systems may empower men to use law to enforce gen-
der disparities and sexual dominance. Essentially, the criminal justice system
may be manipulated to blackmail women into submission. Men may rely on
mechanisms of justice to support and enforce gender roles that place blame
on some victims of blackmail. In one example, a Saudi woman was black-
mailed by a man who threatened to tell her family that they were having an
illicit romance (Middle Eastern Quarterly, 2007). He forced her into a car at
knife-point. The couple was abducted by a gang of men who raped her more
than one dozen times. The court sentenced her to 90 lashings for being alone
in a car with a male nonrelative: and she was beaten by her brother. Sextor-
tion may occur in isolated incidents perpetrated by individuals; or it may be
organized. Sextortion has been perpetrated by members of the criminal jus-
tice system; however, that is atypical. The criminal justice system may ex-
pend significant resources to bring organized sextortionists to justice. For ex-
ample, Interpol and police in The Philippines arrested 58 suspects who
Misunderstood Maxims of Masculinity 205
lowing violent episodes, stalkers may gently or aggressively attempt to

reestablish contact to harass victims or gain control.
Men are victims of stalking; and homosexual men report higher inci-
dences of stalking and other forms of intimate partner violence (IPV). Men
who participate in relationships that involve stalking may not view them-
selves as abusers or victims. Theoretically, masculine constructs would tend
to obstruct men from disclosing victimization or characterizing stalking as
IPV (Durfee, 2011). Men may focus narratives about victimization on control
or power over abusers. Men may identify their participation in physical
abuse as active resistance to a partner’s attempt to control or display aggres-
sion. Masculine constructs may prevent men from intimating fear of their
partners. However, if male victims of verbal or physical abuse are physically
stronger than their partners, then they may not fear their partners; or be-
cause they use active resistance or retaliation. Some literature demonstrates
that among populations holding heteronormative beliefs, males may be
more likely to be victims of verbal sexual coercion. A study of 292 women
and 263 men revealed that endorsement of heteronormative ideas predicted
acceptance of verbal sexual coercion strategies (Eaton & Matamala, 2014).
Heteronormative beliefs also correlated with respondents having personal
experiences as a victim and perpetrator of sexual coercive verbal strategies.
Men reported higher rates of personal endorsement and experiences as per-
petrators and victims.
ROAD RAGE
“Road rage” describes various traffic infractions or crimes displaying ag-

gressive attitudes, including shoulder-driving, flashing headlights, slow dri-
ving, speeding, obscenity use, failure to yield, and illegal passing. Popularity
of sports involving transportation, e.g. monster trucks and race car driving,
has led to increased infractions and crimes perpetrated by people who mod-
ify street vehicles and compete on public roadways. Road rage can be a form
of vehicular violence. Vehicular violence is an intentional act in which a ve-
hicle is used as a weapon (Carroll & Rothe, 2014). It can include deliberate-
ly causing accidents to harm, injure, kill, or commit suicide. Some popula-
tions of victims, e.g. police officers, are specifically targeted by violent mo-
torists (Blast Magazine, n.d.; Carroll & Rothe, 2014). However, some victims,
e.g. police officers, may also exhibit road rage. Opportunity theory may be
applicable to general and targeted road rage (Asbridge & Butters, 2013).
Crowded roadways, frustrating traffic pattern, and availability of victims cre-
ate opportunities throughout daily routine activities to participate in road
rage and commit vehicular violence (Smith & King, 2013). Victim vulnera-
bility may contribute significantly to intensity, severity, consequences, and
mental and physical health outcomes (Cavacuiti, 2013).
Some drivers may be more prone to take risks or violently use vehicles.
Vehicular violence and serious forms of road rage may correlate with sub-
stance use and dependence (Benavidez, 2013). Male motorcyclists may im-
mediately become more likely to drive riskily when faced with frustrating
traffic or undesirable circumstances on the roadway (Chung & Wong, 2012).
Young female motorcyclists may better calculate risks during adverse driving
conditions. Young drivers between 18 years old and 24 years old may be es-
pecially poor at perceiving links between situational risks, traffic conditions,
and driving. Adult males who play violent video games may be likelier to ex-
hibit road rage. Researchers found that among 103 adult males, those who
played games rated “Teen” were less likely to have experienced road rage
than those who played games rated “Mature” (Brizuela, 2012). “Teen” game-
playing only correlated with road rage within a 24-hour period whereas vio-
lent games rated “Mature” correlated with road rage over time periods up to
a month.
FIGHTING
Mutual combat is illegal because it creates disorder, results in harm, and

can escalate to killing. In 2012, the FBI reported that 90,790 males were re-
ported to authorities for illegally possessing or carrying weapons; however,
only 8,065 females were reported for similar offenses (FBI, 2012). That same
year, 6,303 males were reported for murder and nonnegligent manslaughter,
while only 830 females were reported for murder and nonnegligent
manslaughter. Of 215,273 homicides committed over an 11-year period, re-
searchers found that 77 percent involved male victims (Kellermann & Mercy,
1992). The majority of murder victims were males who were killed by male
strangers and acquaintances. Many male-on-male homicides have been
spurred by disagreements and fights. Women perpetrated fewer than 15 per-
cent of murders; and yet, women are half the population. Although women
murdered less, women were much likelier to murder intimate partners.
Women were much likelier to be shot and murdered by intimate partners
than to be killed by strangers.
Chivalry, self-defense, defense of others, and battery may exist on a spec-
trum; yet, fights over women or brawls over male honor are no longer so-
cially acceptable and are routinely prosecuted. By 1860, the government had
already realized that violent chivalry was passé and assailants were to be held
accountable. In McManus v. State (1860), the court said,
A false opinion has, we fear, obtained extensive credence, that notions of

chivalry, or personal prowess, can lawfully enter into individual quarrels and
combats. The humane doctrine of the common law, which, for the protection
of human life, required the citizen to decline a combat, and to abstain from the
shedding of blood, whenever he could do so, without endangering his person
in the one case, and his life in the other, seems, in a great degree, to have been
lost sight of.
The court clearly comments on the misperception that chivalry authorizes vi-
olence.
Chivalry can be described as passive sexism that is often perpetuated
through machismo. Machismo implicitly correlates with power processes
conceptually, interpersonally, and socially (Stobbe, 2005). Machista power
processes are accepted when they are implicit despite divisions among par-
ticipants because decision-making is explained and justified by masculinity.
The power of natural differences explains male supremacy; the power of de-
nial dismisses opposition; paternalistic caring power belittles distress; and the
power of standards created by males reinforces that hegemony is reserved
for men. In addition to chivalry, manhood is idealized by an authoritarian
image, a breadwinner image, and an image of men being virile. Dominated
and submissive figures are rewarded for submission and protected from pun-
ishment. Due to systemic pressures and gendered power structures, females
often internalize controlling, albeit benevolent, sexist attitudes. Researchers
found that females’ positive esteem and body image correlated with having
fathers who endorsed benevolently sexist beliefs (Oswald et al., 2012). How-
ever, it did not correlate with mothers’ beliefs. Benevolently sexist beliefs
correlated with positive esteem, but not hostile sexist beliefs. Young women
also had positive esteem when they experienced benevolent sexism; but they
experienced hostile sexism negatively. Perhaps in light of the limited bene-
fits associated with male-dominated power processes, women tend to view
chivalry less benevolently as they age; yet, they may adopt greater beliefs in
biological differences as the most reliable explanation for gender roles (Sed-
ney, 1985).
CONCLUSION
Masculinity encourages controlling attitudes; however, some offenders ex-

ceed acceptable norms. Despite widespread beliefs and power structures that
support and facilitate masculine control and assertiveness, certain hyper-
masculine conduct is criminal. Disorderly conduct, stalking, road rage, and
fighting are some criminal behaviors that correlate with misdirected or ex-
cessive expressions of masculinity.
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fending and victimization: A view from opportunity theory. Violence and Victims,
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Benavidez, D.C., Flores, A.M., Fierro, I., & Álvarez, F.J. (2013). Road rage among
drug dependent patients. Accident Analysis and Prevention, 50, 848-853.
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al: Section B: The Sciences and Engineering, 7026.
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inology and Criminal Justice, 56(2), 149-166.
Cavacuiti, C., Ala-Leppilampi, K., Mann, R.E., Govoni, R., Stoduto, G., Smart, R.,
& Locke, J.A. (2013). Victims of road rage: A qualitative study of the experiences
of motorists and vulnerable road users. Violence and Victims, 28(6), 1068-1084.
Chung, Y., & Wong, J. (2012). Beyond general behavioral theories: Structural dis-
crepancy in young motorcyclist’s risky driving behavior and its policy implica-
tions. Accident Analysis and Prevention, 49, 165-176.
Durfee, A. (2011). I’m not a victim, she’s an abuser: Masculinity, victimization, and
protection orders. Gender and Society, 25(3), 316-334.
Eaton, A.A., & Matamala, A. (2014). The relationship between heteronormative be-
liefs and verbal sexual coercion in college students. Archives of Sexual Behavior
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Chapter 20
SUPERHUMANS
INTRODUCTION
S uperhumans are invulnerable, impenetrable, and indomitable. Despite

hyper-masculine behavior, humans are vulnerable and they can be vic-
timized. Hegemony does not necessarily correlate with superhumans be-
cause superhumans often come to victims’ rescue. However, some superhu-
mans seek revenge, lead law-breaking lifestyles, and behave aggressively. Su-
perhumans may not be a discrete group; some humans may possess super-
powers; and some superheroes may merely be heroic humans, who lack any
superpowers.
ULTIMATE FIGHTING
Ultimate fighting has groomed Mixed Martial Artists (MMA) into super-
humans who sometimes act as superheroes. Ultimate fighters have repeated-
ly come to victims’ aid and successfully defended themselves against improb-
able odds. For example, a convicted felon was battered and bruised, and
charged with armed robbery and aggravated discharge of a firearm, after at-
tempting to mug an MMA fighter in Chicago. The MMA fighter disarmed
the attacker whose gun fired during the struggle. Dismissing heroics and fo-
cusing on fighting, the MMA fighter said “‘I wasn’t scared because I’m
trained. I don’t feel like a hero. Training matters. If you’re well trained, you
have a chance to survive.”’ (Daily Mail, 2011). In a notable example, MMA
fighter Joe Torrez defended himself and his family from four attackers during
a home invasion (Daily Mail, 2014). Leading up to the fight, Torrez’s fiancé’s
sister claimed to have been attacked by a gang; and then, the family received
210
Superhumans 211
a threatening phone call from known gang members. Soon after, armed gang
member invaded Torrez’s house and further armed themselves with a knife
inside his house. Torrez beat, stabbed, and killed one intruder; beat and in-
capacitated another intruder; and fended off the other intruders. Chapter 19
further discusses relationships between fighting and murder among males. A
football player, Rashad Bobino, allegedly punched a woman outside a bar
when Ultimate Fighting Championship (UFC) MMA, Roger Huerta, inter-
vened (LiveLeak, 2010). Huerta said “You just punched a fuckin’ girl,” to
which the football player replied “Fuck you, fuck these bitches, I’ll knock out
any fuckin’ bitch that I wanna fuckin’ knock out, I’ll knock your fucking bitch
ass out.” Huerta chased down the football player and beat him until he be-
came bloodied and unconscious. This example highlights potential excess in
heroics and whether the MMA fighter defended himself or the woman; or
whether he unlawfully took justice into his own hands. Chapter 19 further
discusses chivalry, masculinity, and law.
ATHLETES
Popular athletes are heroes to millions of people. Yet, athletes who partic-
ipate in aggressive sports, e.g. football and hockey, may have hypermascu-
line lifestyles. In general, athletes may commit a disproportionately high
number of crimes in comparison to the general population. They may fight,
commit violent crimes, pay for sex work and traffic minors, participate in
white collar crime, drive while under the influence, and commit drug of-
fenses. Some research indicates that cliquish behavior, hazing rituals, cava-
lier and privileged lifestyles, and homophobia may contribute to perpetua-
tion of aggression and hegemony as masculinity (MacDonald, 2014). Devel-
opmental theories of crime may apply because some sports may affect atti-
tudes and cognitive processes. Many athletes socialize with like-minded
type-A athletes; possess physical strength greater than average; suffer from
brain injuries; exhibit highly physical tenacity; and train from a young age
(Banks, 2007). When type-A heroes are smaller than average, they may over-
compensate with aggression and the need to win (Cusack, 2014). This was il-
lustrated by Tanya Harding when she commissioned an armed man to injure
rival Nancy Kerrigan. Poor coping mechanisms among athletes lead to spi-
rals and high rates of suicide (MacDonald, 2014). Athletes may experience
strain because in one limited yet glorified context, aggression, power, and as-
saultive contact may be lucrative; but in every other context, these behaviors
correlate with crime or antisocial behavior (Standen, 2009). Furthermore,
thug athletes may be permitted by society to commit crimes as long as they
win games (ESPN Films, 2010). Even though athletes may adequately differ-
entiate between beneficial athletic aggression and illegal violence, society’s
condonation of their physicality and aggression may lead to hypermasculine
attitudes (Grange & Kerr, 2011). Although athletes may be naturally gifted
with physical coordination, hypermasculinization of athletes’ need to win
contributes to acceptance of violence (Merten, 2008; Thomson & Jaque,
2013). However, researchers have found that when coaches are trained in vi-
olence-prevention, athletes are likelier to demonstrate improvements in gen-
der-equitable attitudes, which could potentially impact perspectives on mas-
culinity and lifestyle (Miller et al., 2014).
Despite superior status and prowess, athletes are often subjected to false
accusations, humiliation, and stereotyping. One famous case occurred when
members of the Lacrosse team at Duke University were falsely accused of
rape (Raphael, 2008). In addition to athletes being falsely accused, entire
sports may be susceptible to accusations and skepticism, e.g. boxing. Public
doubt diminishes economic value and masculinity associated with these
sports. Masculine sports can be parodied and ridiculed by hyperbolic sexual
symbolism and gender harassment. For example, a mother, her daughter,
and a male teen used weed killer to depict an enormous penis spanning 100
yards on a high school football field (Marshall, 2014). Before this incident,
other sports fields had been vandalized by depictions of penises. Not all
sports equally exhibit or routinize hypermasculine attitudes. Many athletes
may be unfairly stereotyped as sexist and aggressive. One study found that
male athletes who played aggressive sports, e.g. football, were far more likely
to exhibit hypermasculinity; they held poorer attitudes about women; and
were likelier to be sexually aggressive (Gage, 2008). Males who competitive-
ly participated in marginally less aggressive sports, e.g. track and field, were
distinguishable from aggressive sports athletes, but they were also less sexu-
ally active.
VIGILANTES
Vigilantes are civilians who fight crime without authorization from the
government. In Mexico, Jose Manuel Mireles, was arrested for leading a
powerful vigilante group. Mexican vigilantes have taken control of some
neighborhoods where police have totally failed to fight cartels or protect cit-
izens from violence and crime (Lemus, 2014). Mireles, a medical doctor, led
over 100 vigilantes armed with military-grade weapons. The men were ar-
rested along with Mireles, who claimed that police ignored gangs, drugs traf-
ficking, and black markets exploiting natural resources. Rather than oppose
vigilantes, the government ultimately decided to provide vigilantes with uni-
Superhumans 213
forms and permit them to act under the color of law as state rural police. In
Mexico, vigilante groups are comprised of more than 20,000 members,
3,300 of whom presently operate as state rural police.
Some individuals caricaturize vigilantism by appearing in public as super-
heroes (Superheroes, 2011). Superhero vigilantes may be criminal justice or
police science students. Many were victims of abuse at home, bullying, and
violent crime. Many invent and mimic popular superhero characters to pos-
itively transform trauma, deter crimes, and protest social ills, e.g. shallow-
ness, indifference, and violence. Costume-wearing vigilantes may look for
criminals, post flyers, recruit, and help poor people in need. Superheroes
may exercise First Amendment rights to protest social injustice, e.g. landlord
tenant crimes. They may participate in Christmas toy give aways; give away
overnight kits to street people; and participate in outreach for homeless peo-
ple. Of superpowers, one superhero said “having super motivation and do-
ing super deeds. I think that’s what makes you a super hero” (Superheroes,
2011).
They are not all out to physically challenge criminals. Some police have ex-
pressed concern that vigilante activity violates people’s constitutional rights.
For example, they may force drug dealers to leave parks; or collect evidence
of public drug dealing. A cameraman may follow a superhero to record au-
dio of dealers, create evidence of violence, and intimidate alleged drug deal-
ers, who have a right to occupy parks during lawful hours or occupy public
areas. Vigilantes’ presences in parks may deter people from buying drugs in
the park from those dealers. Yet, superhero costumes may not instill the same
confidence as police uniforms in law abiding members of the public.
Local police may become aware of superheroes’ presences, which weapons
they carry, and where they go. Sometimes, police respond to their calls and
express some approval of their actions as long as their actions are safe and
lawful. Some police recognize that appearing in public as a superhero and
vigilantism are passionate hobbies for some people. Mayors’ offices, news
outlets, and other community institutions may encourage the public to follow
superheroes’ suit by becoming more aware and involved in their communi-
ties.
Not all people dressing in costumes are role models or vigilantes. Many
dress as characters to entertain the public. Sometimes, characters commit in
crimes, e.g. fighting. In one recent example, two characters who were
dressed as Spiderman and Batman engaged in a fistfight in Times Square in
New York (Mazza, 2014). During the altercation, Spiderman remained in
character by using silly string to spray Batman with webbing. However, Bat-
man inflicted significantly greater injuries on Spiderman. According to a sec-
ond Spiderman who witnessed the fight, the first Spiderman was intoxicated
and instigated the fight with Batman. The aggressor had been arrested pre-
viously for public urination, assault, and weapons possession. Batman and
Spiderman were both arrested at the scene.
ANIMATED SUPERHEROES
Depictions of masculinity in comic books are as fictional as storylines and

characters’ alter egos (Klein, 1993). Comic books depicting superheroes en-
gage readers in multiple layers of deception and exaggeration. Fantasy is in-
tricately woven into duplicity, unattainability, and idealization. Superheroes’
alter egos are wimps who represent average, emasculated males. Despite
hegemony granted and accessible to super men, heroes do not hoard power.
Superheroes are forced to exist in separate worlds from their emasculated al-
ter egos. Thus, average men are blamed for their failure to be identified with
hypermasculine states; they merely exist separately from and in conjunction
with them. Average men lacking prowess and status are parallel to, not be-
neath, super crime fighters. Although representations of the same male are
polarized by masculinity, males are distinguishable from women who are
typically portrayed as objects of affection or nemeses in comic books. Audi-
ences are lured into femi-phobic states in which they root for wimps to main-
tain inextricable connections to super-masculine warriors. Relationships be-
tween a hero and his alter ego are dichotomous and gender inclusive, yet
sexually exclusive. Although male characters experience sociopsychological
strain, libidinous longing, and logistical stress, they are bound by a higher
purpose, i.e. crime fighting (Coughlan, 2009).
Most crime-fighting cartoons are male; but Spider-Woman #1 and Thor
#2 are female superheroes recently created by Marvel Comics (Abad-Santos,
2014). Some members of the public complained that hyperbolically volup-
tuous Spider-Woman was depicted on all-fours in a sexist and overly sexual
manner. However, male superheroes’ muscle tone and genitalia appear to
be exaggerated; and when they perch, crawl, and tower over cities on build-
ings’ ledges while wearing tight outfits, their genital areas seem to be visible
to crowds below.
In other cultures, sexuality has traditionally been explicitly depicted in art;
but comic books in the United States tend to minimize sexuality with non-
explicit representations. Manga comic books in Japan do not mainly focus
on heterosexual male characters, like American comic books. Mangas deal
with storylines featuring heterosexual courtship, but they also depict homo-
sexuality between males and females, child sexuality, consummation, bes-
tiality, sadomasochism, incest, rape, and transvestitism (Cusack, 2014; Perper
Superhumans 215
Figure 20.1. Female superhero. Artwork courtesy of Matthew Waranius.

& Cornog, 2002). Researchers discovered that 87 manga storylines depicted

rape or sexual assault (Perper & Cornog, 2002). Yet, many victims empow-
ered themselves with revenge. More than 92 percent depicted victims aveng-
ing themselves using violence and murder. Many of these characters were
women seeking revenge against sexual assailants. Despite association be-
tween manga and arrests and convictions for obscenity in the U.S., manga
may portray women, not just female superheroes, as being empowered and
erotic (see Figure 20.1). Female and male sexuality are portrayed as being ac-
tive, not passive, and virtuous. Chapter Eleven also discusses connections be-
tween masculinity, crime fighting, phallic imagery, weapons, and childhood.
CONCLUSION
Superhuman skills, power, strength, and desire to do good may come with
different rewards or risks depending on context. For example, in some con-
texts, well-trained fighters can successfully subdue violent individuals; but in
other contexts, aggressively trained athletes may risk law-breaking. Live su-
perhero characters may aid law enforcement or impede justice. Their fringe
position in society embodies and rejects wimp-warrior dualities portrayed in
comic books. Comic book superheroes are depicted to embody dichotomies
that explore crime-fighting while violating norms. Cartoon comics also high-
light binary suppositions about sexuality, gender, and masculine identity.
REFERENCES
(2010). 30 for 30 Straight Outta L.A. ESPN Films.

(2010, August 11). UFC fighter Roger Huerta defends a girl in a bar fight. LiveLeak.
Retrieved from http://www.liveleak.com/view?i=1de_1281510380#dpivVu4U4f
Fo4s8v.99
(2011, December 6). The mugger who messed with the wrong guy: Armed robber
tries to take on 250 lb ultimate fighter . . . and loses. Daily Mail. Retrieved from
http://www.dailymail.co.uk/news/article-2070480/Mugger-Anthony-Miranda-
picks-wrong-victim-taking-ultimate-fighter--losing.html#ixzz3ECKgFPmz
(2011). Superheroes. Theodore James Productions.
(2014, January 6). MMA fighter kills armed intruder, severely injures another and
scares off two more in home invasion gone wrong. Daily Mail. Retrieved from
http://www.dailymail.co.uk/news/article-2534476/MMA-fighter-kills-armed-in-
truder-severely-injures-scares-two-home-invasion-gone-wrong.html#ixzz3ECM-
tOjvQ
Superhumans 217
Abad-Santos, A. (2014, September 23). No one liked Marvel’s porny Spider-Woman.

And the company listened. Vox. Retrieved from http://www.vox.com/
xpress/2014/9/23/6836155/marvel-spider-woman-milo-manara-canceled
Banks, M.E. (2007). Overlooked but critical: Traumatic brain injury as a conse-
quence of interpersonal violence. Trauma, Violence and Abuse, 8(3), 290-298.
Coughlan, D. (2009).The naked hero and model man in Heroes of film, comics and
American culture: Essays on real and fictional defenders of home Ed. by Lisa M. DeTora,
Jefferson, NC: McFarland & Company.
Cusack, C.M. (2014). Does size matter in the field?: Qualitative investigation of the
portrayal of body size in TLC’s Police Women of Broward County. The Qualitative
Report, 19, (35), 1-18.
Gage, E.A. (2008). Gender attitudes and sexual behaviors: Comparing center and
marginal athletes and nonathletes in a collegiate setting. Violence Against Women,
14(9), 1014.
Klein, A.M. (1993). Little big men: Bodybuilding subculture and gender Construction. Al-
bany, NY: State University of New York Press.
Grange, P., & Kerr, J.H. (2011). Do elite athletes renowned for their aggressive play
transfer aggression to nonsport settings? A qualitative exploratory study. Journal of
Aggression, Maltreatment and Trauma, 20(4), 359.
Lemus, K. (2014, June 28). Mexico arrests high-profile vigilante leader. Yahoo News.
Retrieved from http://news.yahoo.com/mexico-arrests-high-profile-vigilante-
leader-164415966.html
MacDonald, C.A. (2014). Masculinity and sport revisited: A review of literature on
hegemonic masculinity and men’s ice hockey in Canada. Canadian Graduate Jour-
nal of Sociology and Criminology, 3(1), 95-112.
Marshall, T. (2014, September 21). Enormous penis burnt into high school field with
weed killer causes $10,000 of damage. Mirror. Retrieved from http://www.mir-
ror.co.uk/news/world-news/enormous-penis-burnt-high-school-4298774
#ixzz3E5RYmZiT
Mazza, E. (2014, September 15). Spider-Man, Batman arrested after alleged Times
Square brawl. The Huffington Post. Retrieved from http://www.huffingtonpost.
com/2014/09/15/spider-man-batman-arrested-times-square_n_5820722.html
Merten, M.J. (2008). Acceptability of dating violence among late adolescents: The
role of sports participation, competitive attitudes, and selected dynamics of rela-
tionship violence. Adolescence, 43(169), 31-56.
Miller, E., Das, M., Tancredi, D. J., McCauley, H., Virata, M.C., & Nettiksimmons,
J., et al (2014). Evaluation of a gender-based violence prevention program for stu-
dent athletes in Mumbai, India. Journal of Interpersonal Violence, 29(4), 758.
Perper, T., & Cornog, M. (2002). Eroticism for the masses: Japanese manga comics
and their assimilation into the U.S. Sexuality and Culture, 6(1), 3-126.
Raphael, J. (2008). The Duke lacrosse case: Exploiting the issue of false rape accu-
sations. Violence Against Women, 14(3), 370-n/a.
Standen, J. (2009). The manly sports: The problematic use of criminal law to regu-
late sports violence. Journal of Criminal Law and Criminology, 99(3), 619-642.
Thomson, P., & Jaque, S. V. (2013). Exposing shame in dancers and athletes: Shame,
trauma, and dissociation in a nonclinical population. Journal of Trauma and Disso-
ciation, 14(4), 439.
Chapter 21
ALTERNATIVE RESOLUTIONS
INTRODUCTION
A vailability of alternative resolutions counterbalances adversarial

processes that have failed to achieve adequate resolutions. Alternative
resolutions have restored offenders, victims, families, communities, and na-
tions. For example, restorative justice can help to heal communities after
gendered human rights violations. However, collaborative responses are not
useful in every context. For example, victim-offender mediation may not be
appropriate for domestic violence; however, peacemaking processes may be
distinguishable from mediation.
THERAPY
Therapeutic interventions for family disputes and strains can be beneficial

when parties need to learn to communicate and respect each other’s emo-
tions. However, court-ordered therapy is not an effective response to batter-
ing. Research has repeatedly demonstrated that court-ordered therapy does
not influence batterers’ perspectives or abusive behaviors (Feder & Dugan,
2004). Following court-ordered therapy, a large percentage of male batterers
fail to reform beliefs that legitimize abuse. After therapy, many male batter-
ers are unlikely to take greater responsibility for cycles of violence; and
maintain derogatory attitudes about women’s proper roles in the family. Sev-
eral studies show that six months after adjudication there is almost a 50 per-
cent chance that male batterers will recidivate by perpetrating minor vio-
lence, serious physical abuse, or psychological coercion. One reason may be
poor attendance to court-ordered therapy. Men who voluntarily attend ses-
219
sions or attend additional kinds of interventions may be less likely to recidi-

vate. Other factors influencing the success of therapy are program-specific
approaches and individual batterers’ stakes in conforming their behavior to
society.
Several theories of crime help to explain why batterers fail to be reformed
by therapy. Labeling theory may apply because men who are comfortable
being labeled “batterers” may have less incentive to change; and they may
internalize labels and recidivate. They may feel resentful toward their inti-
mate partners because they have been labeled; and then, they fail to cope
properly, i.e. beat their partners. Strain theory may apply because batterers
who feel that partners are not submitting to restrictive roles may resort to
abuse and coercion when they feel unable to satisfy expectations, i.e. be mas-
ters of their houses. Control theory explains why abusive men may fail to
value conformity over deviance. Due to a variety of factors, they may fail to
experience sufficient risk resulting from deviance. Marital status, residence,
stability, and employment are some factors that may be vulnerable enough
to make some abusers want to conform. However, batterers who do not
stand to lose are less likely to conform. Sociocontextual factors, e.g. access to
same-sex marriage and abortion, can influence mental health (Duncan &
Hatzenbuehler, 2014). Men who suffer from mental illness or strain under
particularly stressful circumstances may require additional forms of therapy.
In this regard, several theories of crime may explain battering recidivism.
PLEA BARGAINING
The criminal justice system follows an adversarial model, but alternative

dispute resolution is incorporated into plea bargaining (Cusack, 2012). When
low-risk offenders are arrested, various agencies may offer for offenders to
enter into diversion programs. Diversion may be sponsored by police,
courts, municipalities, or other authorities. In exchange for pleading guilty,
the government may reduce charges and provide offenders with opportuni-
ties to receive therapy, education, and orders to perform community service.
In many cases, e.g. drug court, offenders who are diverted and successfully
complete programs will have charges against them dropped. Diversion pro-
grams place offenders into specific or curtailed pretrial intervention pro-
grams. For example, intervention programs may target drug injectors who
have higher risks for intense addiction, HIV transmission, and violence
(Kerr, 2008; Latkin et al., 2013). These populations are at increased risk for
violence because they witness drug dealer violence. Males are especially like-
ly to witness and accept violence; thus, interventions may attempt to inform
offenders about how to report violence to the police and avoid violence.
Sex and Money 43
pain involving threats and demeaning language; (3) domination and submis-
sion; and (4) bondage, discipline, punishment, and restraint using ropes and
chains. Sadomasochism may also involve fetishism, e.g. infantilism; exhibi-
tionism; voyeurism; intense teasing; frustration; body mutilation; e.g. corset-
ing and tattooing; gender role reversal; asphyxiation; recorded exhibition-
ism and pornography production; and excrement (Pa, 2001; Tomassilli et al.,
2009). Sadomasochistic behaviors and sessions usually include basic compo-
nents: (1) appearance that one partner controls another partner; (2) assump-
tion of roles that do not reflect participants’ outside lives; (3) consent and ad-
herence to mutually predetermined boundaries; and (4) sexual eroticism (Pa,
2001). Professional dominatrices usually meet with clients prior to sessions to
establish boundaries and specify consent for each sexual activity. “Safe, Sane,
and Consensual” are fundamental elements guiding sadomasochism and
bondage subculture and commerce. Excess is discouraged when physical
pain inflicts unwanted injuries or sensation. “Safe words” may be established
between partners prior to acts so that the word “no” may be used in role play
without unintentionally terminating consensual erotic pain or violating a
partner under a mistaken belief of consent. Use of “safe words” permits par-
ticipants to achieve certainty about consensuality. “Sane” recognizes that in-
tense emotional experiences may drive participants to achieve previously
unexplored mental states. Requisite emotional connections to reality and be-
tween partners maintain sufficient control for safety and consent. Maintain-
ing consent throughout sadomasochistic sex may be a moral issue for partic-
ipants; however, legal issues may be perceived as being somewhat irrelevant.
Nevertheless, parties may not legally consent to harmful sex. Legal defini-
tions of “harm” are not restricted to injurious sex. For example, simulated de-
pictions of whipping have been found to be the kind of harm prohibited by
law. Explicit depictions of sadomasochistic sex or explicit simulations depict-
ing sadomasochistic sex are often per se obscene (Cusack, 2014b). Thus, per-
sonal perception of consent or lack of physical injury does not excuse legal
nonconsent.
In Lawrence v. Texas (2003), the U.S. Supreme Court held that private con-
sensual sex acts are lawful. Striking sodomy laws, the court held that the gov-
ernment cannot regulate nonharmful sexual activity between adults irre-
spective of whether sex is procreative or nonprocreative. However, harmful
sex acts can be prohibited by the government. Courts have not been reluc-
tant to prosecute sadomasochism and prosecute sadomasochistic obscenity
(Cusack, 2014b; Pa, 2001). Sadomasochism may meet the elements of battery
or aggravated battery. Civil law may permit recovery for battery when no in-
jury results and contact is merely offensive or unwanted; however, consent
bars recovery for noninjurious civil battery claims. However, the govern-
ment has an interest in prosecuting battery when injury results. Injury may
ly discredited victims to be heard and believed. Sensitive processes have

gained recognition for effectively facilitating commission recommendations
that lead to improved policy implementation (Truth Seeking, 2013).
NATIVE AMERICANS
Some Native American tribes, e.g. Navajo, Chippewa, and Ojibwa, partic-
ipate in peacemaking to deemphasize guilt and punishment while restoring
communities and families, who are often present during mediation (Ar-
baugh, 2002; Metoui, 2007). Before European colonization of America, na-
tive tribes respected female elders (Young, n.d.). However, male-dominated
systems imposed foreign ideals on tribes at the pain of death. Assimilation
resulted in male authority over tribes for a 200-year period. Female leader-
ship has returned as female participation has increased in native governance
and peacemaking. Elders, who facilitate and guide peacemaking processes,
are talented listeners capable of offering keen advice.
Peacemaking begins with prayer when parties meet in a peacemaking cir-
cle (Arbaugh, 2002). Parties discuss the facts of their grievances or crimes
and arrive at an equitable solution. The process and solutions focus on reuni-
fication, which is completely distinguishable from an adversarial model. Vic-
tims are reportedly highly satisfied by peacemaking resolutions; and the
process reportedly reduces recidivism (Metoui, 2007). Native female victims
of violence and domestic violence are reportedly underserved by the adver-
sarial criminal justice system. Common complaints among native women in-
clude poor police response rate; police and prosecutors’ dismissive attitudes;
and victim-blaming. Thus, peacemaking processes and resolutions may sup-
plant and compensate for failures of the adversarial system.
Peacemaking processes have been emulated in the criminal justice system
in recent years. Victim-offender mediation has been successful for resolving
minor crimes and stabilizing families. Unlike peacemaking, restorative jus-
tice has less successfully resolved domestic violence cases. Although some
victims using the adversarial model may elect to confront abusers to share
their stories and seek apologies through some restorative modalities, many
victims opt-out of mediation or other forms of alternative dispute resolution
to avoid contact with abusers (Cusack, 2013a).
Alternative Resolutions 223
INSTITUTIONALIZATION
Throughout history, people with severe mental illness have been treated
as defective. Prior to the 1950s, institutionalized people were severely
abused; they received little or no due process; and they were experimented
on (Cusack, 2013b; Harcourt, 2011). In the 1970s and 1980s, greater attention
was drawn to institutionalized populations, which have experienced vast im-
provements in their rights, treatment, and living conditions in recent years.
Institutionalized inmates may be incarcerated in a healthcare unit at a
prison or in a hospital. Institutionalization may be a civil remedy following
the end of a term of incarceration; it may result when inmates are found to
be guilty or legally insane; and mentally ill inmates may be institutionalized
if they cannot be treated, or housed with the general population. Inmates
with mental illness are estimated to comprise between one-third and three-
quarters of the inmate population, while rates among female inmates are
consistently higher (CAMH, 2013; Harcourt, 2011). Institutionalized popula-
tions are typically composed of older white women. Female inmates may
present with mental health issues at intake at twice or three times the rate
than males at intake. Females may have poorer access to trauma-specific
treatment while incarcerated or institutionalized. Fewer male inmates have
had histories of mental illness, but many receive treatment in prison. One ex-
planation why institutionalized men reportedly have lower rates of mental
illness may be biases against mentally ill males; or males’ unwillingness to
disclose symptoms. Mentally ill women may be labeled as “vulnerable,”
“crazy,” or “harmless,” while mentally ill men may be labeled as “danger-
ous.” However, studies show that deinstitutionalization of mentally ill male
offenders does not result in increased crime or risk; thus, mentally ill male
offenders may not be dangerous or risky even when they are symptomatic
or lack treatment. However, even when institutionalization is unnecessary
for public safety, it may be a better option than incarceration or homeless-
ness for some low-functioning mentally ill offenders.
COMMUNITY-ORIENTED RESPONSES
Community-oriented responses may involve rehabilitation, dialogue, po-

lice discretion, and interagency collaboration. These methods differ from tra-
ditionally masculine approaches that are aggressive, tactical, authoritative,
controlling, or tough on crime. Religious or spiritual practices are an exam-
ple of a popular and inexpensive method for facilitating rehabilitation in
prison and after reentry. The Pew Center conducted a survey among paid
prison chaplains. Almost half of chaplains surveyed reported that nonviolent,

first-time offenders should not be incarcerated, but instead, should receive al-
ternative sentences, e.g. community service or mandatory problem-specific
counseling (Pew Research Center, 2012). Seventy-three percent reported that
availability of religion-related programs to inmates is absolutely critical for
rehabilitating inmates; and 78 percent reported that ex-cons’ access to reli-
gious groups after reentry is absolutely critical for rehabilitation. Communi-
ty-oriented responses may connect ex-cons with religious services. Police
who participate in community policing may check-in with religious leaders
to help monitor probationers and liaise with probation officers through con-
versations with leaders. When families in need are flagged by Child Protec-
tive Services (CPS) they may be referred for services, e.g. counseling, cloth-
ing, shelter, food assistance, transportation, or therapy. The CPS referrals re-
duce risks of child maltreatment, trauma, and future delinquency. It also
helps them to remain competitive with their peers and grow deeper roots
within their communities, which will contribute to their success in the future.
Some alternative responses operate on a national or international scale, but
others are tribal community-based, or interpersonal.
CONCLUSION
Traditionally, the adversarial system protected vulnerable populations by

ensuring Due Process. However, widespread abuse, injustice, and dissatisfac-
tion with the system led to the development of alternative responses that
served to heal victims, relationships, families, and society.
REFERENCES
(2012, March 22). Religion in Prisons – A 50-State Survey of Prison Chaplains. Pew
Research Center’s Forum on Religion & Public Life. Retrieved from http://www.
pewforum.org/files/2012/03/Religion-in-Prisons.pdf
(2013). Mental Health and Criminal Justice Policy Framework. Centre for Addiction
and Mental Health (CAMH).
(2013). Truth Seeking: Elements of Creating an Effective Truth Commission. Eduardo
González and Howard Varney, eds., Brasilia: Amnesty Commission of the Min-
istry of Justice of Brazil; New York: International Center for Transitional Justice.
Arbaugh, M. (2002). Making peace the old fashioned way: Infusing traditional trib-
al practices into modern ADR. Pepperdine Dispute Resolution Law Journal 2, (2),
303-320.
be temporary or relatively minor to meet the elements of simple battery;

while the elements of aggravated battery may be met by permanent injury,
including scarring or disfigurement. Thus, consent may not be a defense to
battery charges. On rare occasions, society excuses intentional batteries, e.g.
sports. However, battery caused by sadomasochism is not excused. Similar-
ly, harms committed against the public may be prosecuted even when vic-
tims are uninjured. Breach of the peace may be an applicable charge because
sadomasochism harms the community when it is performed in public places,
e.g. sex dungeons.
One reasons that society may not excuse sadomasochistic behavior is that
behavioral scientists, therapists, and other members of the criminal justice
system may argue that evidence shows strong correlations between sado-
masochism and violent crime and sex crime. Diagnostic and Statistical Manual
of Mental Disorders 5th Edition (DSM-V) classifies Sexual Sadism Disorder as
a mental disorder when an individual feels personal distress about participat-
ing in sadomasochism; or when sadomasochistic desires involve causing psy-
chological or physical distress to another person. Thus, unlike other para-
philias, DSM-V encourages little tolerance for sadomasochism. The definition
of “paraphilia” may make sadomasochism a mental disorder per se unlike
other paraphilia involving fetishes. Though therapists attempt to differentiate
between sexual interests, e.g. sexual masochism, and disorders, e.g. sexual
masochism disorder, in forensic contexts illness tends to be easily established
or presupposed.
Prejudicial and stereotypical attitudes toward sadomasochism may relate
to traditional heteronormative biases underlying criminalization; however,
biases towards commercial and noncommercial sadomasochism may be
unique to that subculture (Yost, 2010). Traditionally conservative attitudes i.e.
right-wing authoritarianism; strong attitudes about lesbians and gay men;
sexual conservatism; and rape myth acceptance demonstrated bias toward
sadomasochism. However, researchers have found that those traditional con-
servative attitudes do not exclusively explain prejudice against sado-
masochism. Prior knowledge about sadomasochism may reduce prejudice;
participation in one form of sadomasochism may lower prejudice against
other forms; and knowing people who participate in sadomasochism may
lead people to endorse positive attitudes towards sadomasochism.
Mental health and criminal justice community members may lack educa-
tion about sadomasochism and may lack qualitative analyses about healthy
sadomasochistic practices (Fedoroff, 2008). In general, professionals may
view participants as damaged or being dangerous, but some research fails to
support this stereotype (Richters, 2008). Researchers examined participants’
histories of sexual coercion, sexual difficulties, and psychological illness. Of
19,307 respondents, only 2.2 percent of sexually active men and 1.3 percent
Chapter 22
EVIDENCE
INTRODUCTION
G ender and sex characteristics may help investigators to identify sus-

pects. For example, witnesses almost always describe suspects using
gender. However, gender norms tend to exist on a spectrum. Thus, percep-
tion of gender norms may contribute to a witness’ identification of a suspect’s
gender. Voice, appearance, and prints may suggest that a suspect or victim is
male or female; but, most kinds of prints do not directly prove sex. Semen
stains necessarily implicate males at crime scenes; however, matching col-
lected semen samples to a suspect’s DNA requires sophisticated investigation
and analyses.
PRINTS
Fingerprints, ear prints, handprints, and shoe prints may lead investigators
to believe that suspects are male. Forensic investigators may measure finger
ridge density (RD) on fingerprints to determine a suspect’s gender (Gutiér-
rez-Redomero et al., 2014; Mundorff, Bartelink, & Murad, 2014; Nanakorn
& Kutanan, 2012). To determine RD, investigators first make an image of a
fingerprint. Then, they place two 25 mm squares on the core of the finger-
print image. Next, they draw a diagonal line across the square to delta points.
Finally, investigators count the number of finger ridges touching the diagonal
line. Females tend to have significantly higher RD than males. However,
method of obtaining fingerprints and position of the counting area may vary
RD. Ear prints are also helpful for determining gender. Researchers have de-
termined that males have longer ears (Murgod et al., 2013).The breadth and
base of the external ear, i.e. auricle, is also larger in males. Females have
226
Evidence 227
longer and broader lobes. Males tend to have larger hands. Although smaller
handprints are not necessarily female prints, very large or long handprints
are usually male. Hand size also correlates with height, and males tend to be
taller than women within their same ethnic groups (Cusack, 2012; Salleh,
2012). Handprints, when analyzed with other evidence, e.g. ballistics or
blood spatter, can point to victims’ and offenders’ genders and heights. Foot-
prints and shoe prints also provide some information about gender. First,
shoe style evident in a shoe print may indicate gender, e.g. high heel shoes
are usually worn by women. Next, shoe size may provide accurate clues
about sex. Like handprints, small shoe prints are not necessarily female
prints, but large prints are usually male. Finally, when shoe style and size are
analyzed together, investigators can often predict a person’s gender.
BONES
Bone shapes and sizes in skeletal remains can indicate a deceased person’s
sex. Bone size may not be able to indicate sex until after puberty. After pu-
berty, male skeletons tend to have squarer chins and longer jaws, and female
skeletons tend to have pointed chins (Claridge, 2014). Female foreheads
maybe rounded while males slant backwards; and males have pronounced
brow ridges that are uncommon in females. Mastoid process behind female
ears is far smaller than behind the male; and the external occipital protuber-
ance behind the skull is far more prominent in males. Male pelvic bowls are
narrower; their pelvis bones are more heart-shaped; and they have a narrow-
er sciatic notch (NMNH, 2014). Females have circular pelvic inlets and a
wider angle where public bones meet, which facilitates vaginal delivery.
These differences are significantly less defined in prepubescent children.
VOICES
Males who adhere to gender norms tend to have lower pitched voices
than females who adhere to gender norms. Biological determinism explains
that men experience voice change due to biological sex traits. Many femi-
nists believe that some or all pubertal voice changes are affected by gender
roles. Transgender populations have demonstrated that hormone use and
gendered psychosocialization play roles in voice changes. Each of these
analogies may have some merit.
Voice line-ups are useful for identifying a suspect whose face was not vis-
ible during a crime. When voice line-ups are unduly suggestive such that
they result in a substantial likelihood of irreparable misidentification, voice

identification evidence may be inadmissible at trial (Manson v. Brathwaite,
1977; Neil v. Biggers, 1972; Perry v. New Hampshire, 2011). A suggestive line-up
may be one in which the offender is the only male voice presented in a line-
up. This sparks theoretical and practical questions about the sound of a male
voice, but these questions do not typically enter into evidentiary hearings or
trials because police generally use several foils during voice line-ups to avoid
suggestivity even if their voices significantly differ in pitch.
The reliability of voice line-ups may not raise a reasonable doubt for some
jurors. In one case a man was accused of committing felony burglary and
rape against four females and attempting to rape a fifth victim (Kleiman,
1988). There was some disagreement among the victims about identifying
characteristics of the alleged serial rapist. Some victims identified the masked
assailant as having blue eyes, but others identified him as having brown eyes.
The victims’ memories of his accent varied. Police secretly recorded the ac-
cused speaking; and police asked four other men to read a script of the sus-
pect’s words. Police asked the victims to listen to the voice line-up including
the recording and the men reading scripts. Two victims identified the suspect
as the assailant. However, his voice was the only natural voice not reading a
script and was the only young voice. When victims listened to a live voice
line-up, only one victim chose the accused. However, the accused was con-
victed.
APPEARANCE
Appearance of being male or female may be mutable or subjective to a

viewer. In general, researchers have found that males’ recollections of crimes
are less reliable than females,’ even though men may be more confident
about the accuracy of their memories (Areh, 2011). Men may better identify
location and certain masculine objects, e.g. guns, tools, or cars; whereas
women may pay better attention to clothing and shoes (Fradella, 2006). The
importance of witnesses accurately describing cars, guns, clothing, and other
objects is relative to each case; whereas gender identification may be more
central to proving identity (Navarette v. California, 2014).
Male witnesses are typically better at identifying male suspects; and accu-
racy increases when male suspects belong to the same race or ethnicity as a
witness (Kentucky Department of Public Advocacy, 2009). Thus, sex-bias
contributes to misidentification (Lorenza, 2003). A suspect’s gender presen-
tation and a witness’ gender stereotypes may influence witness identification.
Transgender or transvestite suspects may be misidentified depending on how
Evidence 229
witnesses or police classify them; and depending on whether they are pass-
ing. Suspects may present with ambiguous gender traits, clothing, or appear-
ance. For example, a small male with long hair may be misidentified as a fe-
male; whereas a large female with short hair may be identified as male.
Young children are suggestible and fallible witnesses; they have poor recol-
lection and are inventive (Cusack, 2014). They may be especially susceptible
to gender bias and stereotyping due to limited knowledge and exposure to
different kinds of appearances.
Police may attempt to produce a police sketch of a suspect or use facial
identification software to produce a clear image of a suspect. These methods
may rely on presumption of a suspect’s gender. For example, Compusketch
and Identi-Kit are software that permit police to compile a witness’ descrip-
tions using a data bank of facial features to formulate a single composite
sketch. A sketch artist operates under the premise that a suspect pertains to
a certain sex offers suggestions to a witness about possible features to add to
a sketch; and then a witness selects features that most resemble a suspect.
Some male kits, e.g. Male Caucasian Profile Kit, have features that are inter-
changeable with female features; but some kits do not (Osterburg & Ward,
2014). The New York Police Department’s Facial Identification Section works
with a surveillance section of the Federal Bureau of Investigation (FBI) to run
photos of bombers against photo databases (Nova, 2013). Blurry photos tak-
en from unclear angles are compared against thousands of faces using
Carnegie Melon University image enhancement techniques. Computers
identify patterns between thousands of faces through a process of facial re-
construction called “machine learning.” Accuracy of match is increased sub-
stantially by eliminating one gender possibility or the other. However, re-
searchers may only assume a suspect’s gender based on appearance, not
bone structure or other identifiers because photos are often blurry. They may
use clothing, height, and location to deduce a suspect’s gender.
K-9 SCENT DETECTION
Canine officers can identify male and female suspects’ scents, but they
likely do not use gender information when identifying suspects. Human skin
contains gender information because pheromones are produced in apocrine
glands (Schoon & Haak, 2002). Research has not definitively established
whether dogs detect these differences, but they often randomly select from
line-ups male and female foils, i.e. person standing in a line-up (see Figure
22.1). For example, dogs will not react when a foil is wearing the same
cologne as a suspect even though particular scents may chemically react to
Fig. 22.1. Scent lineup.
male or female skin differently. One explanation may be that many perfumes
use nonhuman mammalian pheromones, which are excluded by the dog
when sniffing humans (Berliner, Jennings-White, & Lavker, 1991).
Line-ups must not be so suggestive that they create a substantial likelihood
of irreparable misidentification (Manson v. Brathwaite, 1977; Neil v. Biggers,
1972; Perry v. New Hampshire, 2011). Thus, police often use people from the
same race and sex as the suspect. Case law asserts the importance of making
foils racially and sexually similar to suspects; but the importance of these
characteristics to dogs during identification processes has not definitively
been established. Furthermore, scent line-ups have led to several cases of
misidentification ( Jezierski, 2012).
It is possible that dogs better identify one gender over the other, or accu-
rately identify certain racial-sexual combinations better. In one study, han-
dlers trained six dogs to detect an individual’s hand odor. Dogs were trained
to detect the sample within a line-up of five foils’ odors. Researchers exposed
dogs to single-gender line-ups and to mixed-gender line-ups with varying
proportions of each gender. Dogs were better able to identify female subjects’
odors better than male subjects’ odors. Researchers suspected that these dogs
may have been more attracted to females’ odors or found it easier to detect
chemical compounds present in females’ skin.
Figure 3.3. Violent sexual fantasy.
CONCLUSION
Sex industries may overlap, however they may be distinguishable accord-

ing to certain key factors. Consent is an import factor differentiating volun-
tary sadomasochism from sexual slavery. However, each is illegal for differ-
ent reasons. Both are considered to be immoral and nonconsensual sex acts.
Some demands to exchange sex for favors or money are made under duress.
Like sadomasochism and sex trafficking, these demands are illegal. Females
may be more likely to be exploited sexually in sex trafficking industries; but
males are also victims of sexual exploitation. Male sex workers and perform-
ers may or may not have been sexually exploited or trafficked at some point.
They are in less commercial demand than female performers and sex work-
ers. However, they may be perceived by the public as being masculine, dom-
inant, and sexually in control in contexts where they lack control. Distinc-
tions between reality and fantasy may be intentionally or incidentally
blurred in sex industries.
Figure 22.2. Semen stains may be detected by sight and scent.
PENISES
Some criminals may be identified by markings on their penises. Scarring

is a particularly noticeable feature that victims may recall to identify suspects.
For example, a prostitute and john agreed to have bondage sex, drink alco-
hol, and smoke crack (Cott v. Harrington, 2014). The prostitute nodded-off
from heroin withdrawal; but, when she woke, her genitals were exposed, her
arms were bound together, and her legs were taped to a bed. The perpetrator
put tape on her mouth; pushed, threatened, and taunted her; and raped her.
Her left her bound and alone, but she was able to dial 911 with her tongue.
The victim identified the offender to police because he had an extra-large
scrotum; and he also had scars that were visible on his shaved pubic area.
The description of scarring matched those on the offender, who had been
stabbed in the penis after calling his wife a “bitch.” Chapter 6 discusses inti-
mate partner violence and penile mutilation.
Evidence 233
Figure 22.3. Curved penis.
Children who are exposed to perpetrators with deformed penises may be

better able to identify deformities when they have also been exposed to non-
deformed penises, e.g. a younger brother’s penis (Kittrell v. Secretary, 2013)
(see Figure 22.3). However, some child witnesses may be unable to recall
scars until after they are shown photos of a suspect’s penis (Johnson v. Russell,
2013). This could raise reasonable doubts about veracity or reliability, but it
could also relate to the fact that children, especially female children, have lit-
tle experience examining penises in detail.
Penis size and shape may enter into evidence. Imprints left by a suspect’s
penis at a crime scene may enter as circumstantial evidence. For example, an
imprint of a penis with an abnormal curvature may narrow possible suspects’
identities. Penis size may be described by a child adding veracity to a child’s
claim of having seen an abuser’s erect penis. For example, a young child pre-
sented to his pediatrician after expressing a fear that his mother would hurt
him while she cleaned his foreskin (Writer v. Sexton, 2012). The pediatrician
asked the child about his fear; and the child disclosed that he was raped by
his grandfather in a bathroom at his grandfather’s house. The child reported
that his grandfather inserted his “big” penis into his “bottom;” when his
grandfather withdrew his penis it was covered in “poop.” The child also re-
ported that he felt as if his “butt were exploding.” The victim’s anus had
some scarring consistent with his accusation; thus, his grandfather was ar-
rested and convicted. In some rare instances, penis size has been used as ev-
idence of maturity. For example, a boy in Russia was tried as an adult be-
cause doctors reported the size of his penis to the court (Shankbone, 2014).
The court found that his penis size indicated that he was at least 16 years old,
which meant that he could be tried as an adult for cell phone theft. Prison
doctors who examined the boy’s teeth and genitals concluded that he could
not be 12 years old as his family claimed. However, his national documenta-
tion demonstrated that he was 12 years old. Consequently, a regional prison
service ordered for his case to be reviewed.
CONCLUSION
Gender or sex enters into evidence in every criminal case. Suspects, de-
fendants, and offenders are always identified by their sexes or gender. K-9s
may be able to detect the presence of semen on a particular suspect; but re-
search has not conclusively determined whether they exclude gender-related
scents to identify a suspect. Suspects’ appearances, voices, and prints may
implicate one gender or another based on gender norms. However, appear-
ance of a suspect’s genital scarring may directly implicate a particular sub-
ject, while testimony about a suspect’s genitals’ shape or size may serve as
circumstantial evidence.
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prints and its forensic application. Science and Justice, 54(3), 199.
Jezierski, T., Sobczynska, M., Walczak, M., Gorecka-Bruzda, A., & Ensminger, J.,
(2012). Do trained dogs discriminate individual body odors of women better than
those of men? Journal of Forensic Sciences, 57(3), 647.
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Lorenza, S.M. (2003). Factors affecting the accuracy of eyewitness identification. Un-
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Manson v. Brathwaite, 432 U.S. 98 (1977).
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Writer v. Sexton, 2012 U.S. Dist. LEXIS 175959 (2012).
Chapter 23
BOYS’ CLUBS, MASCULINE STANDARDS,

AND GENDERED RULES
INTRODUCTION
T hroughout society, sex segregation may be mandatory, elective, or ad-

ministrative. It is evident in workplaces, educational environments, the
criminal justice system and military, social and athletic organizations, and
other contexts. Gendered standards and qualitative masculinities are high-
lighted or enforced by these contexts and the process of contextualizing.
When sex segregation is not enforced, males may, synthesize or manipulate
all-male environments. This also occurs in gangs when gang members create
pseudo families using hypermasculine identities. Gangs may blur or cross
gender lines to maintain male hegemony and the appearance of masculinity.
BOYS’ CLUBS
“Boy clubs” is a terms that generally defines organizations or groups shar-

ing practices, ideologies, cultures, or social expectations placing men above
women. Boys’ clubs prefer maleness and masculinity; respect men more
than women; and may be misogynistic. Maleness may be an insufficient cri-
terion to participate in some boys’ clubs. Hypermasculinity may be required
to fitin. To prove masculinity and earn a place inside a boys’ club, e.g. frater-
nity, participants may be hazed. Males or females may be hazed (see Figure
23.1). Frequently, hazing leads to injury and death as pledges attempt to
prove their stamina and toughness. In Clifford v. University of California (2014),
fraternity pledges were forced to drink narcotics-laced alcohol in excess. A
pledge sued after he was forced to disrobe and was fondled by members of
237
Figure 23.1. Branded fraternity initiates.
the fraternity who made sexual comments while they touched him. He was
treated particularly egregiously because he was a non-Jew. During hazing he
suffered a broken bone that resulted in two orthopedic surgeries. The frater-
nity required this pledge essentially to compensate for perceived social weak-
ness created by his genitals. In many boys’ clubs, this mentality is typically
directed at women. Many boys’ clubs believe that lacking a penis is an enor-
mous deficiency that can only be overcome through hypermasculinity; or it
is perceived as an insurmountable flaw. Gender humiliation and sexual ag-
gression are not limited to boys’ clubs (Futty & Pyle, 2012). Animals have
been sexually humiliated along with males during hazing (PAW, 2009). Sev-
eral sororities sexually assault and humiliate pledges; yet, sororities are al-
legedly modeled after fraternities.
Some legal debate exists about the constitutionality of all-male clubs, units,
and organizations, e.g. freemasons and football teams. On one hand, they
may be legal because they are privately owned. However, clubs that operate
in interstate commerce should be required to admit women on the same ba-
sis that they admit men (Katzenbach v. McClung, 1964). In 1964, a restaurant
owner in Alabama argued that because less than half of his business operat-
ed in interstate commerce, the federal government had no authority to en-
Boys’ Clubs, Masculine Standards, and Gendered Rules 239
force antidiscrimination provisions in the Civil Rights Acts using Congres-

sional commerce power against his business. The U.S. Supreme Court held
that although that restaurant has almost no effect on interstate commerce,
racial discrimination in restaurants did affect interstate commerce. However,
the court views sex discrimination at a lower level of scrutiny than racial dis-
crimination; and there is some evidence that the court would sooner limit ap-
plication of commerce power in gender-based cases than expand it (U.S. v.
Morrison, 2000). Arguably, organizations that are funded in part by the gov-
ernment should be required to permit women to join. In U.S. v. Virginia
(1996) the court held that a publicly funded military academy prohibiting ad-
mission to women violated equal protection under the Fourteenth Amend-
ment because sex-segregated military academies were not truly equal; and
exclusive policies impermissibly relied on gender stereotypes (Plessy v. Fergu-
son, 1896). Yet, the government continues to permit the military to restrict
women from working on the frontlines of direct combat missions based on
gender stereotypes and the argument that women are permitted to work in
other military missions and units (Cohen, 2010).
LAWYERS
Law school has been compared to hazing (Law Professors Blog Network,
2011). Hazing victims may revere the organizations that abused them in an
attempt to justify abuse and suffering. Victims may qualify suffering as dues
owed for the privilege of belonging to a prestigious club, i.e. legal communi-
ty. Law school critics argue that membership in the legal community current-
ly offers a fraction of the rewards that it did previously. The system of
painfully sorting and reducing law students no longer sifts out top-notch
lawyers who stand to earn substantial salaries. Thus, students suffer humilia-
tion for no reason except to instill and perpetuate masculine attitudes and
reverence for abusive institutions. Proponents of legal pedagogy argue that
law school uses adversity to train students for employment in the adversarial
system.
Maleness and masculinity have dominated legal education and the legal
profession. Law school was traditionally mostly male. Over the past five
years, almost half of all law students have been female, yet most law school
deans, lawyers, and judges continue to be male (Catalyst, 2013). Studies show
that of all federal and state judgeships, women have only held 23 percent and
27 percent, respectively. Approximately one-fifth of law school deans are
women. Within the 50 top law firms, only 41 percent of attorneys are
women; and far fewer represent the upper echelon.
Legal education and practice of law also tend to be associated with afflu-
ence, which is a traditional marker of success for males and indicates status
in patriarchal system. Critics argue that wealth intrinsically influences mem-
bers of the justice system to a degree that creates unconscious bias. For ex-
ample, judges’ wealth has been cited as being problematic (Neitz, 2012).
Judges who are born into wealth may be able to afford campaigns, and
prominent judges may charge speaking fees or otherwise acquire wealth
while serving on the bench. They may become disconnected from indigent
defendants, families, and victims. Their judgments are not necessarily biased
against indigent people because of their poverty; but judgments may demon-
strate lack of empathy or comprehension about difficulties associated with
poverty. Judgments that favor poor defendants or victims may contribute to
policy that disadvantages or fails to favor powerful or wealthy groups’ inter-
ests. Judges may not have personal interests in outcomes, but they may sym-
pathize or identify with wealthy defendants or victims.
POLICE
Almost every police department requires officers to pass physical tests of

strength and stamina (Cusack, 2014). Some require different physical fitness
standards from female and male police officers. Research demonstrates that
female and male police officers’ sizes may affect police work; but smaller and
larger sizes offer different strengths in the field depending on the task at
hand. For example, smaller females may be better at ducking, which large
males may be better at tackling. Physically, many women may be at a disad-
vantage next to men due to smaller muscles and organs in their upper bod-
ies; but relative to men of the same size, many have stronger hips. Lifestyle
and training affect female fitness and competency in the field as much as
men. However, disparate physical fitness standards call attention to gender
bias. For example, although many men are able to perform more push-ups
than women in the same fitness class, push-ups are unnecessary to perform
police work in the field. Thus, different standards merely serve to highlight
males’ superiority at this task.
Police training and law enforcement strategies may institutionalize patriar-
chal values by favoring masculinized perspectives. One common complaint
is that police discretion affects outcomes of intimate partner violence (IPV)
complaints because police perpetuate heteronormative attitudes and di-
chotomous thinking (Cusack, 2013a; Cusack, 2013b). For example, police
may view female victims who show no visible injuries as hysterical, and
merely order male aggressors to leave home for the night. Police may fall
into and institutionalize ideas promoting masculinity as a way of negating

femininity, which may be associated with weakness and impotence among
police. Several criminal justice institutions seem to devalue femininity and
construct masculinity as an absence of femininity. Devaluation of femininity
and institutionalization of masculinity transforms societal institutions into pa-
triarchal mechanisms that may tolerate, justify, or promote aggression. Crit-
ics of antipatriarchal theories highlight research demonstrating that misde-
meanor domestic violence mandatory arrest policies result in increased ar-
rests for females. Thus, passive chauvinism guiding police discretion may re-
sult in more favorable outcomes for women.
GANGS
Gangs are gendered organizations that emphasize masculinity, but often

serve as families for males. A study of 160 male gang members revealed four
types of gang members involved with drugs (Valdez & Sifaneck, 2004). Their
classifications make multidimensional allusions to gender: “homeboys,”
“hustlers,” “slangers,” and “ballers.” Gangs may share a culture of poverty
that exploits and stifles members who attempt to reintegrate into the commu-
nity after prison (Scott, 2004). Thus, like relatives, some gang members will
be bound to each other for life. The may prevent each other from seeking
help and leaving, similar to families or intimate partners experiencing cycles
of violence; and they may directly refer to themselves as “families.”
This quasi-familial, and thus, inevitably quasi-maternal, environment
tends to blur gender roles. Gangs are like protective fathers; but they also
rely on females to gain status, which is atypical of traditional fathers. Female
gang members may be sexually manipulative to rob male victims; but con-
structions of masculinity among gang members encourage males to econom-
ically and sexually manipulate females to advance their careers in the gang
(Contreras, 2009). Male gang members who operate in larger networks in-
crease their likelihood of survival in the drug trade (Bouchard & Ouellet,
2011). Many gang members join the U.S. military to further their networks,
legitimize their income, and create an alter ego (NGIC, 2013). Thus, they
multiply the size of their families by networking with gang members from
other states enlisted in the military. This mentality reflects traditional goals
and survival strategies for large families producing many members and keep-
ing in contact with distant relatives.
In recent years, gangs have been alleged to be homoerotic due to mixed
metaphors articulated in gangster rap music (Harris, 2008). Homoeroticism
and homosexuality mixed with hypermasculinity may effectively hybridize
all-male gangs converting them into mixed gender alternative families. One
example of lyrical homoeroticism is, for example, Biggie’s song “Machine
Gun Funk.” This song seems to discuss murder, but a plain reading and
metaphoric deconstruction of guns as penises and discharging ammunition
as ejaculation demonstrates homoerotic messages. Biggie raps “But I can’t
feel that hardcore appeal that you’re screamin’, baby. I’m dreamin.’ This
ain’t Christopher Williams, still some MC’s got to feel one, caps I got to peel
some, to let niggaz know that if you fuck with Big-and-Heavy, I get up in that
ass like a wedgie.” Biggies also mixes metaphors when discussing, gang fam-
ilies, violence, wetness, and womanizing. In “Friend of Mine” Biggie says,
Don’t love no hoe, that’s my principle, ‘cause uh, bitches come bitches go. . . .
(You know) they might be the one to set me up. Wanna get their little brother
to wet me up. That’s why I tote Tecs and stuff to get’em off my case. Just in case
the little fucker ends up misplaced . . . when I see the semen I’m leavin’.
Bitches be schemin’. . . . Don’t sleep! Banged the skins in a week . . . schemin’

on a gang-bang. . . . She’s sayin’ I dissed her ‘cause I’m fuckin’ her sister. . . .
But she started that fuckin’ family. . . . Plus your sister look better than you.
Give head better than you, pussy get wetter than you.
Some lyrics blatantly describe homosexual fantasies. For example, Biggie’s,

“Me and My Bitch,” describe why his ideal female companion would be like
his male gang family members (Tiratelli, 2013).
One rumor posits that rapper TuPac did not want to work with Dr. Dre be-
cause of Dr. Dre’s alleged bisexuality. Dr. Dre, who is allegedly bisexual, en-
joyed being sodomized by his partner and personal assistant, Bruce
Williams, which supposedly perplexed Tupac (The Howard Stern Show,
2012). In “Fuck wit Dre Day,” Dr. Dre and Snoop Dog seem to metaphorize
male gang members as dogs; discuss child sex and grooming; conflate family
and gangs; discuss male genitalia and buttocks; and directly allude to homo-
sexuality and oral and anal sodomy. In this rap, the word “homosexual”
seems to be suggested by the words “hoe” and “homicide.” They rap,
Can’t scrap a lick, so I know ya got your gat. Your dick on hard from fuckin
your road dogs. The hood you threw up with, niggaz you grew up with don’t
even respect your ass. That’s why it’s time for the doctor, to check your ass,
nigga. Used to be my homey, used to be my ace. Now I wanna slap the taste
out yo mouth. Nigga bow down to the Row. Fuckin’ me, now I’m fuckin’ you,
little hoe. Oh, don’t think I forgot, let you slide. Let me ride. Just another homi-
cide. . . .
Death Row’s in the motherfuckin house. . . . The sounds of a dog brings me to

another day. Play with my bone, would ya Timmy? It seems like you’re good
for makin’ jokes about your jimmy. But here’s a jimmy joke about your mama
that you might not like. I heard she was the ‘Frisco dyke; but fuck your mama,
I’m talkin about you and me. Toe to toe, Tim M-U-T. Your bark was loud, but
your bite wasn’t vicious; and them rhymes you were kickin’ were quite booty-
licious. You get with Doggy Dogg. Oh is he crazy? With ya mama and your
daddy hollin’ baby. So won’t they let you know that if you fuck with Dre nigga
you’re fuckin wit Death Row. And I ain’t even slangin them thangs. I’m hollin’
one-eight-seven with my dick in yo mouth, beeyatch.
Now, we ain’t no motherfuckin joke so remember the name: Mighty, mighty

D-R. Yeahhh, MOTHERFUCKER! . . . Now understand this my nigga Dre
can’t be touched. Luke’s bendin over, so Luke’s gettin fucked, busta. Musta,
thought I was sleazy. You thought I was a mark ‘cause I use to hang with Easy
[referring to Easy E, a rapper who died of AIDS]. . . . If it ain’t another ho that
I gots ta fuck with. Gap teeth in ya mouth so my dick’s gots to fit with my nuts
on ya tonsils while ya on stage rappin’ at your wack-ass concerts. And I’ma
snatch your ass from the backside to show you how Death Row pull off that
who-ride. Now you might not understand me. . . . Spot him, got him, as I pulls
out my strap. Got my chrome to the side of his White Sox hat [a team sharing
colors with L.A. Raiders]
It don’t stop. Punishing punk motherfuckers real quick like Compton style, nig-
ga Doggy Dogg in the motherfuckin house. . . . Straight up, really doe. Breakin’
all you suckaz off somethin’ real proper like. You know what I’m sayin’? All
these sucka ass niggaz can eat a fat dick. . . . Easy E can eat a big fat dick. Tim
Dog can eat a big fat dick. Luke, can eat a fat dick, yeah...
This song also highlights the prevalence of the word “mother” in gangster
rap. In gangster rap, mothers have sex, i.e. motherfuckers, perhaps,
metaphorically, to expand the gangs’ power by forcing more women into sex
work. Mothers’ fucking exhibits and multiplies the gangs’ power because
mothers who fuck may conceive and multiply family members. Mother-fuck-
ing can be a subject-verb object-verb structure. Thus, mothers may be disci-
plinarians or standards of respect that, when violated, merit revenge. On sev-
eral levels, motherfucking explains a gang’s power and how it operates.
Mothers also exist to discipline weak characters. Weak characters are moth-
erfuckers who get fucked. However, being “strapped” can defend against
weakness. “Strapped” means to carry a gun. Yet, “strapping” is a term used
by Black butch lesbians, i.e. “studs,” to describe wearing a prosthetic penis.
Snoop Dog derogates an opponent’s mother by referring to her as a “dyke.”
Thus, a man who is strapped is feminized and lacking, yet hypermasculinzed
because he dons a strap to compensate for the weakness of his masculinity

or lack of a penis. This is similar to the psychosocial effect of carrying a gun.
Carrying a gun implicitly acknowledges a perceived inability to adequately
protect oneself without a gun; and carrying compensates or overcomes inad-
equacy. Chapter 11 further discusses phallic symbolism.
In his song “Lil’ Ghetto Boy” Dr. Dre seems to metaphorize homosexual
adult-child masturbation. He raps,
You better be strapped with your shank because this ain’t no fist fight. The little
homies from the hood wit grip are the ones I get wit ‘cause I’m down respect
trip. Nigga, I’m bigger than you, so what’cha wanna do. Didn’t know we had
a 22. Straight sitting behind his back. I’ma grab his pockets and then I heard
six caps. I fell to the ground wit blood on my hands. I didn’t understand how
a nigga so young could bust a cap. I use to be the same way back. I guess that’s
what I get (for what), for trying to jack them little homies for they bread.
In this song, Snoop Dog is strapped with a knife, which penetrates his ene-
mies. A knife, which penetrates is superior to fists. Lesbians who fist pene-
trate using their fists. They fetishize penetration, but women who masculinize
penetration strap. Grabbing a child’s pockets and jacking him results in Dr.
Dre having blood on his hands. He is describing killing easy prey, but in
terms that sounds like he is masturbating a child. Targeting a child feminizes
his activity. Reaching for low-hanging fruit leaves blood, i.e. menstrual
blood, on his hands even though he discharged his weapon on a child who
had grip, i.e. prosperity. In this verse, Dr. Dre alludes to masturbating a child
who has grip. Grip means the child was man-enough to earn money, but vi-
olating him was reductive to both parties. In his song, “Bitches Ain’t Shit,”
Dr. Dre directly refers to a man. He discusses sodomy, mother-fucking, balls,
bitches, deep shit, fat pockets, and other sexual and homoerotic themes.
Prison jargon, i.e. “bitches,” used to describe a sexually subordinated or
emasculated man is discussed further in Chapter 14. In this song Dr. Dre
says,
I used to know a bitch named Eric Wright. We used to roll around and fuck the
hoes at night. Tight than a motherfucker with the gangsta beats and we was
ballin’ on the motherfucking Compton streets. Peep, the shit got deep and it
was on. . . . Long as my motherfucking pockets was fat. I didn’t give a fuck
where the bitch was at. But she was hangin’ with a white bitch doin’ the shit
she do. Suckin’ on his dick just to get a buck or two; and the few ends she got
didn’t mean nothin’. . . . Bitch can’t hang with the streets, she found herself
short. . . . It’s real conversation for your ass.
Dr. Dre uses several allusions to male anatomy and homosexual intercourse
seemingly under the pretense that he is describing a female sex partner and
a male gang member with whom he is platonic friends.
While gangster rappers used mixed allusions in their music, they pegged
their image to hypermasculinity. The first gangster rappers, Niggaz Wit Atti-
tudes (NWA), referred to themselves as a “gang,” not “rappers” (see Figure
23.2) (ESPN Films, 2010). Dr. Dre, D.J. Yella, Eazy-E, Ice Cube, Arabian
Prince, and M.C. Ren were original members. Before NWA from 1983 to
1986, Dr. Dre and D.J. Yella belonged to World Class Wrecking Cru, a music
group that wore flashy and effeminate clothing (see Figure 23.3). In 1986,
they founded NWA and began wearing all black and L.A. Raiders football
logos. In 1988, L.A. Kings’s ice hockey team’s colors became aluminum and
black; and NWA began wearing their logo. Adopting sports logos permitted
them to affiliate their act with aggression, success, and hype; and infamy as-
sociated with L.A. Raiders at the time. Their use of the logo catapulted L.A.
Raiders’ merchandise sales into a billion dollar industry. The logos featuring
a pirate, two swords, and a shield emblemized outlaws and “added a layer of
menace” to their image (ESPN Films, 2010). Phallic symbolism in swords is
discussed in Chapter 11; and relationships between football, aggression, and
crime are discussed in Chapter 20.
Figure 23.2. NWA featuring Dr. Dre (second from left) and D.J. Yella
(second from right).
Figure 23.3. World Class Wrecking Cru featuring Dr. Dre (far left) and D.J. Yella
(second from left).
CONCLUSION
Boys’ clubs are groups, organizations, or institutions that bolster masculine

ideologies and gender roles by rejecting or bearing down on weakness.
Weakness is perceived as being diametrically opposed to masculinity. People
lacking idealized masculine traits are presumptively thought of as less-than;
and environments requiring members to don tough mentalities may focus on
humiliation, hierarchy, discipline, and ostracization. Exhibiting hypermas-
culinity may be an inclusion criterion for joining a boys clubs, such as frater-
nities, policing, and lawyering.
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Animal Welfare (PAW). Retrieved from www.paw-rescue.org/PAW/.../AnimalIs-
suesBulletin3Nov2009.doc
(2010). “30 for 30” Straight Outta L.A. ESPN Films.

(2011, January 21). Law school as a hazing ritual. Law Professors Blog Network. Re-
trieved from http://lawprofessors.typepad.com/academic_support/2011/01/law-
school-as-a-hazing-ritual.html
(2012, May 7). 95% of rappers are gay claims Suge Knight. Youtube.com: The
Howard Stern Show. R;8etrieved from https://www.youtube.com/watch?v=tkB5
qrpvjKE
(2013, March 11). Women in law in the U.S. catalyst.org. Retrieved from http://
www.catalyst.org/knowledge/women-law-us
(2013). 2013 National Gang Report, National Gang Intelligence Center (NGIC). Re-
trieved from http://www.fbi.gov/stats-services/publications/2011-national-gang-
threat-assessment
Bouchard, M., & Ouellet, F. (2011). Is small beautiful? The link between risks and
size in illegal drug markets. Global Crime, 12(1), 70.
Clifford v. University of California et al., 2:11-cv-02935 (E.D.Cal. 2014).
Cohen, D.S. (2010). Keeping men men and women down: Sex segregation, anti-es-
sentialism, and masculinity. Harvard Journal of Law and Gender, 33, 509.
Contreras, R. (2009). Damn, yo-who’s that girl? An ethnographic analysis of mas-
culinity in drug robberies. Journal of Contemporary Ethnography, 38(4), 465.
Cusack, C.M. (2013a). A feminist inquiry into intimate partner violence law, policy,
policing, and possible prejudices in Alaska. Journal of Law and Conflict Research, 5,
24.
Cusack, C.M. (2013b). Comparative sexology: Nonconsensual insemination in the
Report 19, (35), 1-18.
Futty, J., & Pyle, E. (2012, February 20). Lawsuit exposes fraternity incidents at Ohio
Wesleyan. The Columbus Dispatch. Retrieved from http://www.dispatch.com/con-
tent/stories/local/2012/02/20/lawsuit-exposes-fraternity-incidents.html
Harris, P. (2008, May 10). Hidden gay life of macho hip hop stars. The Guardian. Re-
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Katzenbach v. McClung, 379 U.S. 294 (1964).
Neitz, M.B. (2012). Socioeconomic bias in the judiciary. Cleveland State Law Review,
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Scott, G. (2004). It’s a sucker’s outfit. How urban gangs enable and impede the rein-
tegration of ex-convicts. Ethnography, 5(1), 107-140.
Tiratelli, L. (2013, November 17). Reconciling homophobia and homoeroticism in
hip hop. Whitey on the Moon. Retrieved from http://whiteyonthemoon.net/
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EPILOGUE
C riminal Justice Handbook on Masculinity, Male Aggression, and Sexuality ana-

lyzes domestic, foreign, and international groups, policies, and struc-
tures that standardize, reward, enforce, redefine, or attempt to dismantle
masculinity. Masculinity is a gender role defined by societal norms, and pos-
sibly, related to biological sex. Norms are institutionalized and enforced by
law; yet, tradition, patriarchy, and hegemony are subject to constitutional
law and criminal procedure. Privacy and interpersonal relationships are also
protected, regulated, and limited by law. Private parts, e.g. genitals, receive
some protection from governmental intrusion. In the U.S., a variety of laws
and policies limit governmental authority or discretion to encounter penises
and scrotums; however, officer safety, public safety, and lawful criminal in-
vestigations may take priority over privacy concerns. Nevertheless, the gov-
ernment attempts to minimize affronts to sexual dignity by establishing gen-
der-specific or gender-sensitive criminal procedures that call for genitals and
nudity to be investigated in private.
Criminal Justice Handbook on Masculinity, Male Aggression, and Sexuality exam-
ines sex industries’ relationships to child victims, gangs, alcohol, drugs, trans-
genderism, homosexuality, sadomasochism, and sexual slavery. Each pre-
sents its own risks; yet, some participants attempt to distinguish risks associ-
ated with voluntary participation from coerced participation. However,
moralists fail to accept any justification for commercialization of sex because
morality opposes all deviation from tradition, including illicit drug use, ex-
tramarital sex, and crimes against nature.
Male sex workers are in less demand than females, but they are at signifi-
cant risk for violence, disease contraction, drug addiction, and arrest. Many
male sex workers may be disenfranchised from their families; yet, many may
simply seek thrills due to psychopathic tendencies or perform sex work to
earn extra money. Earning money is considered to be a masculine trait in tra-
ditional societies; commodification of sex is juxtaposed by male sex workers’
sexual submission, objectification, low status, and vulnerability to violence.
249
Females’ voluntary participation in sex trafficking as opportunistic sex work-

ers and sex traffickers has surpassed male participation worldwide. Many
may participate in traditional male roles, e.g. pimping, and liaise with street-
level prostitutes, who are often children. However, many have been kid-
napped, are enslaved, or are indentured. Criminal Justice Handbook on Mas-
culinity, Male Aggression, and Sexuality describes child prostitution as delin-
quency and exploitation. Numerous theories of crime are highlighted
throughout the text. They tend to suggest that lack of authority, alternative
or deviant sexuality, and misconduct disorders factor into delinquency.
Delinquency may increase juveniles’ risks for sexual exploitation, including
sexual slavery. Male minors are increasingly at risk for sexual exploitation.
Sextortion, sexual slavery, prostitution, abuse by custodial and parental fig-
ures, and statutory rape are some examples of exploitative victimization that
have reportedly increased against males in recent years; some researchers
suggest that reporting, but not incidence, has increased.
Statutory rape, sexual consent, obscenity, nonconsensual insemination,
and disease transmission are some sexual issues that are difficult to investi-
gate, prove in court, and regulate in private. However, safety and morality
are traditional state powers that authorize police and other government agen-
cies to intervene into private affairs. Laws designed to regulate sexual behav-
iors may seem invasive to nontraditional or liberal populations; but, current
morality-based laws may seem insufficient to traditional and conservative
populations, who may advocate for increased regulation of sexuality and en-
forcement of traditional gender roles.
Alternative and therapeutic approaches may compensate for inadequacies
present in the adversarial system. Adversarial justice systems may fail to re-
solve victims’ feelings or address losses; but alternative approaches may give
victims opportunities to express their emotions and make aggressors aware
of their pain. Gender-sensitivity may not be a key strategy for members of
the military or criminal justice system, e.g. Transportation Security Officers
(TSO), police, or lawyers. Hegemonic boys’ clubs may neglect feminine or
humanistic methodologies under the belief that hierarchy, humiliation, in-
sensitivity, subordination, and uniformity maintain order, tradition, and
power. These systems may be designed to separate weak from strong, but
may do so without any useful objective basis for measuring qualifications.
Traditional husbands may view public life, marriage, and family life as
boys’ clubs in which masculinity paternalistically or authoritatively guides
femininity. In traditional homes, women cannot be masculine; seek employ-
ment outside the home; or exercise authority inside the home. Although do-
mestic violence may traditionally have been directed against wives, male
children and intimate partners have increasingly reported physical and sex-
ual victimization. Reporting victimization may increase as definitions of
Epilogue 251
“masculinity” expand to include victimhood; but in the past adherence to

masculine norms has discouraged males from reporting abuse because alle-
gations of victimization caused men to appear weak and undeserving of in-
clusion in traditional boys’ clubs.
Phallic symbolism is readily evident throughout the criminal justice sys-
tem. For example, prison bars quintessentially illustrate abundant hard phal-
luses taunting, controlling, forcing, and defeating the most aggressive and
sexually violent members of society. Hypermasculine murderers, violent in-
mates, and rapists are belittled, and may feel challenged by the inflexibility
and impenetrability of prison bars. Inmates are feminized and penalized by
a sentence that restricts them, like traditional housewives, to lives inside their
homes, which are often unsafe sexually and physically violent places.
People have a reasonable expectation to privacy inside their homes, espe-
cially in their bedrooms and bathrooms. Their rights may dissipate if they
knowingly allow their nudity to be seen by the public through their windows.
Thus, a person could be in a place where he or she has a reasonable expec-
tation of privacy; but that person could also be arrested for indecent expo-
sure. Right to privacy protecting nude people from the public eye is not re-
stricted to the home. It may exist under clothing worn in public and in public
dressing rooms and restrooms. Though photographs of undergarments taken
under clothing may be illegal, photographing swimwear at a public swim-
ming pool may be legal. However, courts may not permit improper photog-
raphy that focuses on a child’s genitals even if the child is at a public swim-
ming pool. Laws vary throughout the country; however, several jurisdictions
have articulated important distinctions between free speech, obscenity, and
improper photography.
Sometimes, sex segregation is important; for example, sex segregation in
corrections may be vital to achieving reform, retribution, and other penolog-
ical aims. In corrections institutions, the majority of sexual abuse between
guards and inmates is heterosexual abuse. While sex segregation may be im-
portant for safety, privacy, and opportunity to reform, in single-sex environ-
ments, same-sex abuse is also rampant. Sexual harassment complaints are of-
ten filed by female guards in male corrections environments; typically, be-
cause male inmates repeatedly expose themselves and masturbate to harass
female guards. Avoiding gender-specific problems, e.g. sexual harassment or
rape, were rationales for excluding women from the public sector and crim-
inal justice environments in the past. However, these rationales are no longer
constitutional, except for in limited military unit missions. Criminal justice
environments continue to experience sexual harassment and abuse regularly.
Predominantly male environments may encourage sexism or exclude partic-
ipation by females; but males are frequently harassed and abused by males
and females. Thus, relationships between gender, abuse, and sexual harass-
ment are not limited to male-on-female incidents.
profitable when labor costs are lowered because labor costs consume the
bulk of agricultural industry profits. Thus, some proponents of an undocu-
mented labor force argue that rather than undercutting competition, illegally
reduced costs foster competition. Bonded, slave, and undocumented agricul-
tural laborers are estimated to be worth $9 billion annually. Underpaid and
enslaved domestic laborers are valued at $8 billion each year.
More than one million agricultural laborers work each week in the U.S.
(Belser, 2005). The majority are uneducated males who emigrated in their
20s without any support structure, e.g. relatives. In general, foreign-born
men comprise a greater portion of the labor force than domestic-born men;
and men comprise the majority of laborers. In 2013 men comprised almost
58 percent of foreign-born labors; but, men comprised approximately 52
percent of domestic-born laborers (Bureau of Labor Statistics, 2013). More
than half may have entered illegally and lack work visas. They travel illegally
between the U.S. and their home countries between harvest and growing
seasons. Many are vulnerable without command of English language skills,
access to official printed materials, or literacy skills (UNODC, 2012). They
are unlikely to attempt to follow legitimate avenues for obtaining travel and
work authorization.
Migrant workers likely labor in every agricultural industry, including
planting seeds, cultivating crops, and harvesting; and they tend livestock
(Belser, 2005). Food and horticultural sectors rely heavily on migrant labor
throughout the world. Similar to the U.S., the European Union employs doc-
umented and undocumented laborers in their agricultural industries. Ap-
proximately 4.5 million laborers work throughout Europe each year. Many
are from North Africa and poor regions in Central Europe and Eastern Eu-
rope. Insecurity, like poverty, is characteristic of these workers and their em-
ployment conditions in Europe. Foreign-born men are likelier than domes-
tic-born men to labor in construction industries, service industries, and main-
tenance occupations (Bureau of Labor Statistics, 2013).
Undocumented laborers are susceptible to future enslavement, trafficking,
and arrest due to poverty, low education, darker complexions, and being
male (Belser, 2005; Cusack, 2014; UNODC, 2012). These characteristics cor-
relate with higher rates of arrest in general; however, undocumented labor-
ers also face deportation and are powerless. When they are entitled to rights
and due process, they may be unaware of their rights and unable to enforce
their rights. They are frequently subjected to racist, classist, and sexist atti-
tudes in patriarchal systems. In their home countries they are expected to
provide for others. They labor in foreign jurisdictions to send money to their
families in their home countries. Despite their domestic statuses as male
breadwinners and perhaps patriarchs, in foreign jurisdictions they must as-
sume subservient roles. Their economic status, lack of foreign language skills,
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Criminal Justice Handbook On Masculinity, Male Aggression, and Sexuality (2015)

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Criminal Justice Handbook On Masculinity, Male Aggression, and Sexuality (2015)

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CRIMINAL JUSTICE HANDBOOK ON

MASCULINITY, MALE AGGRESSION,

CARMEN M. CUSACK, J.D., PH.D.

CHARLES C THOMAS • PUBLISHER, LTD.

This book is protected by copyright. No part of

©2015 by CHARLES C THOMAS • PUBLISHER, LTD.

ISBN 978-0-398-08146-1 (paper)

Library of Congress Catalog Card Number: 2014046517

With THOMAS BOOKS careful attention is given to all details of manufacturing

Printed in the United States of America

Library of Congress Cataloging-in-Publication Data

M asculinity is a group of characteristics considered to be manly and so-

Sexual aggression is coercive, controlling, or entitled behavior that may re-

ly-oriented fantasies of spraying and penetrating as necessary to establish

aggressors or assert an individual’s will over society or victims. Misconduct,

3. SEX AND MONEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

5. TRANSPORTATION SECURITY ADMINISTRATION

6. FEMALE-ON-MALE DOMESTIC VIOLENCE . . . . . . . . . . . . . 65

Projectiles: Bullets, Missiles, and Arrows . . . . . . . . . . . . . . . . . . . . 132

12. MEN AND DRUGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

13. MASTURBATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

14. PRISONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

15. SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

16. MALE SEX OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

17. MALE WORKING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

18. JUVENILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

19. MISUNDERSTOOD MAXIMS OF MASCULINITY . . . . . . . . 203

M asculinity is a group of characteristics considered to be manly and so-

23. BOYS’ CLUBS, MASCULINE STANDARDS, AND

Figure 1.1. George Washington traditionally depicted wearing a

M asculinity has been defined by specific and general characteristics and

MALES AND MASCULINITY

relationship with fatherhood; and in some rare instances, males’ parental

The Fourteenth Amendment to the U.S. Constitution establishes a right to

ly-oriented fantasies of spraying and penetrating as necessary to establish

However, equal protection is generally used as grounds to strike sex-based

Patriarchy is a sociopolitical system or tradition in which power is held by

this as flawed reasoning that threatened revolutionary aims and democracy.

Fig. 1.1. George Washington traditionally depicted wearing a phallic hairdo.

Traditionally, “domestic violence” is a term used to describe abuse be-

3. SEX AND MONEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Reed v. Reed, 404 U.S. 71 (1971).

Constitutional rights to be free from unreasonable search and seizure are

stances to determine whether police had a reasonable suspicion justifying an

Suspects’ groins and offenders’ groins have become injured or amputated

10. TRANSGENDER AND TRANSVESTITE . . . . . . . . . . . . . . . . . 116

11. PHALLIC CJ SYMBOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

Sexually erotic depictions of penises may be protected under the First

hardcore pornography are treated as being presumptively obscene. Re-

ERECTIONS AND DRESS CODES

Figure 2.1. Multiple prostheses simulating turgidity.

Governments may justify gendered nudity laws by explaining relation-

Various policies address government-genital encounters. Voluntary pat-

15. SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

16. MALE SEX OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

17. MALE WORKING ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

18. JUVENILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

19. MISUNDERSTOOD MAXIMS OF MASCULINITY . . . . . . . . 203

SEX AND MONEY

Figure 3.1. Pregnant child prostitute.

ture; malnourishment and drug addiction; living-quarters inhabited by a

fickers’ lower-ranking positions and exposure to detection may result in dis-

Male prostitution and escorting are prevalent; though, not as prevalent as