To determine the extent to which the offender’s partner or victim participated in the various sex acts, we had recourse to two chief sources of evidence: the account given to the authors by the offender himself during the interview session, and the official records. The latter often included testimony given in court by the object or by witnesses, as well as the record of various interrogations of the offender by officials and the prison intake staff. After summarizing the offender’s account and then the official reports, we will examine the degree and direction of discrepancies between the two reports on the same case. This latter step is necessary because of the extent to which no-data cases permeate the sample of offenses at this point.
The offender report. Reaction on the part of the object of an offense can range, of course, from clear-cut encouragement to strong resistance. With sexual behavior as the basic topic of the history, the description of the sex-offense circumstances fitted very naturally into the interviewing framework. Nevertheless, there were certainly some occasions when the offender sought to rationalize his behavior in his own eyes by his description of the object’s response, and it is instructive to examine the data with this in mind.
Relationships described as mixed are of two kinds: they shift either from an attitude of resistance to one of encouragement, or vice versa. Actually there were only four offenses in which resistance was described as giving way to encouragement—twice in aggression vs. adult females and twice in incest offenses (one in each of the two older object groups). In a sample of over 1,200 offenses on which such data are available this is indeed a tiny minority and a surprising finding, considering the popularity of the Don Juan theme as depicted in moving pictures, ordinary paperback novels, comic books, and pornography. It reflects a closer sense of reality than do the popular forms of current erotic media. From this negative finding one might infer that these offenders lack an image of themselves as successful wooers, at least in the episodes that led to their convictions as sex offenders.
The second pattern of mixed response in which the offender describes the other person as at first encouraging his sexual advances and then resisting them, can also be used to help justify his illegal actions, since it can shift some of the responsibility for them to his partner or victim. And it is indeed in offenses involving those that can truly be termed “victims,” particularly in the case of adult women, that this pattern of response is most often reported. In our sample, a total of 23 aggressions against women are thus depicted by the offenders, and a single additional instance was cited in the aggressions vs. minors category. There is also a small sprinkling of cases in the remaining nine offense subgroups.
The entire problem of a consenting relationship in the realm of sex is raised again at this point. Generally males do not seek out females who do not show some interest in them. The grounds of this reciprocated interest may be various—a desire for companionship or a date, a sandwich at the drive-in, a chance to go to the movies, a drink, a car ride, or a stimulating flirtation ending in necking, petting, or coitus. The point at which the female decides to go no further is a delicate one, and contingent on many factors which may well be outside; the man’s range; of perception. That a male’s drive and need to achieve a sexual physical release is not matched in degree by most females is generally acknowledged. Hence in order to keep out of trouble, males, unless they are successful mind readers, must acquire a set of controls and an ability to face frustration, which for the most part is not true for females. While in many social groups a girl is taken out on the premise that she is experienced and willing, the fact is obvious that those who are experienced may in a specific case be unwilling. To be sure, some males may not have to face this situation very often, which may in part explain their inability to handle it when it does arise. Thus a sexually aroused and temporarily frustrated but determined male may find himself with a rape charge as did undoubtedly some of the 15 per cent cited earlier.
Considering next the offenses in which the man reported that he received only encouragement, one finds the aggression cases ranking comparatively low, and the heterosexual and homosexual offenses, except for those involving children, very high, ranging from 83 to 95 per cent. To a lesser extent the same relationship holds true of incest offenses. Although one might think at first that the offender was simply trying to whitewash his offense in his account of it, his description of what happened was frequently accurate, as his partner and other witnesses also testified. In cases where there was little difference in age between offender and object there was a clear tendency for the object to encourage the offender and to participate willingly in the sexual contact. Complaints in these cases were usually made by relatives or others, not by the object. This opens up the entire question of victimology, which has in recent years been a topic of considerable interest. To what degree is an offense triggered by the advances, either overt or implied, of another person? The offense as an event is certainly not acceptable to the social mores, yet it is not the stereotyped offender-victim situation. The “victim” is often a willing sexual partner and even sometimes a seductive one, but if this person is under a certain age our social ethics definitely necessitate legal protection of this “object-victim” in such a situation.
Next are the cases in which the offender did not say that he was actually encouraged, but stated that the object was passive and did not object to his sexual overtures. This attitude is ascribed most often to the young and inexperienced (those under twelve years of age), except in father-daughter incest, in which the incidence ranges higher, though nowhere nearly so high as in cases of incest against child daughters, which keeps the pattern again consistent. When an offender reports that a child was nonresistant or passive or that she seemed “not to mind” or even enjoyed the sexual contact, one is apt to picture fright or ignorance as ingredients in the situation. Since the children were not interviewed in the present study, we have no cross-check on this point, except as developed later when reports on the same cases are matched.
Lastly, coming to the cases in which the offender admits that he met with resistance, one can see from the table that all three aggression categories are very high, with about two thirds so reporting, and all other offense groups are consistently low. As a rule, the average offender does not see himself as a villain. But again in all nonforce offenses vs. children there is a definite trend toward the offender’s admitting resistance by the: child. This pattern is consistent and the percentages among the pedophilic offenses are higher than in offenses vs. either minors or adults.
To summarize, it is apparent that while offender groups vary in the degree of cooperation they ascribe to the object of their offense, they are consistent in certain respects. In the majority of aggression offenses the object is described as offering resistance; in from two thirds to 95 per cent of the incest, heterosexual, and homosexual offenses vs. minors and adults the object is seen as having given encouragement. In offenses vs. children, except for aggression offenses, there was encouragement, or at least passive behavior, in well over three fourths of the cases. In all these groups resistance is given a minor role but is consistently evident.
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