Gender and Levels of Punitiveness


Published in Monograph No 45, Justice versus Retribution: Attitudes to Punishment in the Eastern Cape, February 2000

CHAPTER OVERVIEW

A higher proportion of male respondents reported that they had been victims of crime over a two year period (38%), than female respondents (30%). Male respondents were more likely to be victims of assault (17% compared to 13% of women), robbery (22% compared to 12% of women), and hijacking (8% compared to 5% for women). Female respondents, however, reported higher levels of victimisation through theft (37% compared to 29% of men), and stock theft (7% compared to 3% for men).

Of the 87 female respondents who had been victimised over a two year period, two reported that they had also been raped. Cognisance needs to be taken of the fact that surveys are likely to undercount sexual offences because of the sensitivity of discussing such incidents with a stranger.

While the proportion of female respondents who had been victimised, was lower than that for male respondents, the former group were consistently (albeit only to a relatively small extent) more pessimistic about perceived increases in the crime rate, and the performance of the criminal justice system and those who worked within it.

Female respondents were also consistently more punitive in their attitudes to sentencing and the goals of prison, and were less concerned with protecting the rights of the accused and of convicted offenders.

Table 5: Female and male perceptions of crime levels and the state’s response

Female
(%)
Male
(%)
There has been a lot/slightly more crime in South Africa since 1994 94 86
There has been a lot/slightly more crime locally since 1994 81 74
More than half of all reported crimes involved violence/threat of violence 89 86
Functioning of the criminal justice system has improved since 1994 22 38
The criminal justice system is performing well 17 31
Government has done a good job fighting crime since 1994 20 29

Table 6: Proportion of female and male respondents who thought the crime fighting professions were doing a good job

Female
(%)
Male
(%)
Uniformed police officers 20 26
Police detectives 27 35
Prosecution service 23 32
Magistrates 33 37
Judges 39 49
Prison service 13 23
Policy makers/politicians 20 33

CRIME LEVELS AND THE STATE'S RESPONSE

Female respondents were more likely to think that crime had increased since 1994 and that most crimes are violent in nature. Moreover, female respondents were also more critical of the performance of the government and the criminal justice system (table 5).

Table 7: Proportion of female and male respondents who thought it important that certain rights are afforded to offenders

Female
(%)
Male
(%)
The criminal justice system should treat convicted accused fairly 69 75
The state should provide free legal aid to poor accused 53 60
The state should respect accused persons’ constitutional rights 66 82
Convicted accused should have the right to vote 44 49

Table 8: Attitudes to punishment of female and male respondents

Female
(%)
Male
(%)
(%) (%)
Sentences are much too lenient
Harsher sentences will reduce crime rate
The death penalty should be reintroduced
Prison should be harsher on prisoners
Punishment is the most important goal of prison
Prison should reform rather than punish
Rehabilitation is the most important goal of prison
66
98
80
72
29
60
55
50
96
69
70
24
63
60

PERFORMANCE OF CRIME FIGHTERS

Compared to their male counterparts, female respondents were significantly less likely to think that the various professions involved in fighting crime were performing well (table 6).

RIGHTS OF OFFENDERS

Female respondents were less concerned than their male counterparts with safeguarding offenders’ rights. There was one exception: female and male respondents were equally likely to think that it was important that no innocent person was convicted of a crime, even if it meant that some guilty people would go free (see table 7).

ATTITUDES TO PUNISHMENT

Female respondents took an almost consistently more punitive approach towards the punishment of criminals. This is especially apparent from responses which advocated the reintroduction of the death penalty for persons convicted of serious crimes, and respondents’ comments that sentences were much too lenient. Female respondents were less punitive only on the questions whether repeat offenders should receive longer prison sentences (to which 78% of female and 80% of male respondents agreed), and that prisoners should be compelled to do manual labour (77% of female versus 82% of male respondents in favour) (see table 8).

INTERPRETATION OF FINDINGS

Victims surveys have shown that men are generally more at risk of falling victim to crime than women. This is especially the case for young men who, because of their lifestyles, place themselves at greater than average risk of being victimised. Women, however, are more vulnerable to victimisation. Women are generally less able to defend themselves against violent criminals, and women of all ages are at considerable greater risk than adult men of sexual crimes and domestic violence.

It is possible that this greater vulnerability to criminal victimisation causes women to change their lifestyles (as a direct consequence of a fear of crime) more than in the case of men. Many South African women, for example, would hesitate to go out alone at night, drive on certain roads, and walk in their immediate neighbourhood (at any time of the day or night). This clearly has an effect on women’s freedom of movement and their general quality of life. This greater awareness of their vulnerability might have caused the women of the Eastern Cape to display more draconian attitudes towards criminals.

The direct negative impact of the threat of crime on women’s day-to-day lives might have made them more critical in their appraisal of the criminal justice system’s effectiveness. Moreover, woman are disproportionately affected by sexual crimes and domestic violence — crimes where the criminal justice system is particularly weak in assisting women. This is likely to be a contributing factor to women’s critical assessment of the system.