Abstract

The primary objective of the study was an attempt to develop and present the characteristics of women committing rape with particular cruelty, taking into account the manner in which the female perpetrators have committed the acts, their motivations, as well as the circumstances of the crime. The objective of the study was also to provide information on who the aggrieved persons are and what the accountability of women before the court looks like (in particular, whether there are any differences in the reactions of the system to the acts committed by men and women). The first part sets out a brief note about criminality of women (including sexual criminality), whereas the second part presents the results of my research concerning cases of rape with particular cruelty committed by women. The research was conducted on the basis of the empirical data from criminal cases in which the conviction was based on Article 197 §4 of the Criminal Code and in which women were the perpetrators or co-perpetrators. Due to the particular nature of the offences, the research material included court files of cases which ended in a final and binding judgment. The analysis covered criminal cases in which a final and binding judgment was isseued in the years 2005-2012. In the analyzed cases, women took an active, aggressive and often times dominating role in both planning and execution of the act. All acts were committed jointly with men, and the women were under the influence of alcohol during the commission of the offence. The presented results of the study portray a "typical" female perpetrator of rape in a different light than previous studies did, however, it should be stressed that the results of the analysis should be further examined and extended by including cases not only of rape with particular cruelty, but other offences as well.

Highlights

  • Crime among women is not a new phenomenon; every year, the official police and court records show that it constitutes 10% of all criminal acts1

  • This article is an analysis of selected aspects of criminal acts committed by women, which are the offence of rape with particular cruelty

  • It is composed of two parts: the first one is a brief historical note of criminal activity of women, whereas the second part presents the results of the study of court files concerning the cases of rape with particular cruelty committed by women

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Summary

Introduction

Crime among women is not a new phenomenon; every year, the official police and court records show that it constitutes 10% of all criminal acts. Crime among women is not a new phenomenon; every year, the official police and court records show that it constitutes 10% of all criminal acts1 For many years, both media and academic literature on this subject have been focusing on the changes occurring in the dynamics, and in the quality of crimes committed by women. This article is an analysis of selected aspects of criminal acts committed by women, which are the offence of rape with particular cruelty. From the historical point of view, the following theories expounding the criminal activity of women can be distinguished:

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