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1
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Wyniki badań terenowych nad zjawiskiem prostytucji w Polsce

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Błońska B.
Archiwum Kryminologii
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2011
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issue XXXIII
57-161
EN
In the article I would like to present the results of field studies in which I attempted to analyse the phenomenon of prostitution in contemporary Poland. The main task was to localise the phenomenon within the social structure of big urban agglomerations (particularly Krakow and Warsaw) and to investigate how prostitutes function in the society. Partial research problems described in the article were as follows: 1. To find out what prostitutes define as the worst part and the greatest drawback of their profession, how they manage these negative aspects, and who can possibly help them. It was also important to locate possible threats and the ways to eliminate or reduce them. 2. Another issue was the plane of contact with the generally understood state, from the system solutions concerning prostitution (including the answer to the question whether prostitution should be a legal profession) to everyday contact with various state institutions. It was vital if the state institutions responded to prostitutes’ expectations and to what extent, as well what their expectations towards such institutions are and how public assistance for this group should look like. 3. The picture which started to emerge after first interviews left no illusions. The presence of state institutions in prostitutes’ lives is minimal, the state institutions serve mainly to control, not to protect or assist. In a sense, this social group is an abandoned one, owing to abolitionism policy the state has withdrawn from any actions in this sphere. In case of prostitutes, who function under constant threat, the official state organs do not even perform the role provided by the most extreme liberal conceptions, that is even the role of a “watchman” who guards merely physical security. This is why it was so important to investigate who performs this role in the stead of the state, if their actions are effective, in which place of social structure prostitutes obtain actual protection, and, additionally, support and assistance. 4. As a result, a significant part of the study has been devoted to an analysis of social environment in which prostitutes function: with whom they have most frequent contacts, to whom they turn for help, and how they define their place in the society themselves. As a consequence, this subject of field studies – the social environment of prostitution – appeared to be an important and independent research issue. Particularly interesting issues included questions how everyday life of prostitutes looks like, how much their profession interferes with their usual social relations, how their relations with the closest people and families look like, and if they are able to maintain social relations outside their professional group. How the respondents manage their incomes and if they are able to carry out their financial plans seemed a good sign of effective everyday functioning.
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Kryminologiczno-epistemologiczne i genderowe aspekty przestępstwa zgwałcenia

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Płatek M.
Archiwum Kryminologii
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2010
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issue XXXII
345-378
EN
According to government information from November 2010, only 8% of committed sex crimes are reported in Poland. In 90% of cases, the perpetrators remain unpunished. Taking into account the statistics for 2009, 6,700 cases of sexual violence show the scale of the problem. The article tries to investigate the reasons of such situation. How does it happen that in a legal order, which since 1932 is based on extremely modern approach to the crime of rape, it remains in practice so often unpunished? The reasons of this are seen in the accepted procedure of prosecution, on the motion of the injured. This procedure results from the fact that provisions from 1932 have been accepted as they were, without a deeper reflection or analysis of the state of affairs of the time. What was acceptable in the criminological-epistemological and dogmatic perspective then, has been accepted by the legislator at present. This leaves a question why regulations from 1932 are still in force at present, with the detriment to the victims. In seeking an answer to this question, a methodology provided by feminist jurisprudence is assumed. The text also explains the very notion of feminist jurisprudence and gender analysis of law. The method allows to notice the elements earlier neglected by the law and to explain why corruption of the perpetrator reaches the victim. The development of feminist jurisprudence over the past three decades has contributed to significant enrichment of the theory of law in many countries and has led to many reforms of criminal law, including changes to the regulations concerning the rape of crime. Taking feminist criminology and feminist jurisprudence into account allows to consider the causes of placing joint responsibility for rape on a victim. It allows to demonstrate that what is hidden under the euphemism of morals and morality is also supported by laws and does not result from tradition as much as from the influence of contemporary law. The accepted procedure of prosecution of the crime is a significant element of this process. Assuming a gender perspective introduces a perspective of experiences and values essential for women to the analysis of language, evaluation and events, although it is not limited to this. The text, while analysing the determinants of regulations concerning rape, questions the basic axioms of criminal law dogma pertaining to neutrality and objectivity of criminal law. The example of regulations on rape proves that both axioms in fact sustain a loss to the benefit of the interest of the legislator who has a greater tendency to identify with a perpetrator than with a victim. The text analyses various perspectives of justifying accepted norms and indicates that higher arguments at each time serve to justify current interests. Using instruments of gender analysis of law here as well, reader’s attention is drawn to the perspective resulting from the experiences and values presented by women.
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Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009

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Koss-Goryszewska M.
Archiwum Kryminologii
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2013
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issue XXXV
161-191
EN
The article presents results of an analysis on Polish courts' judgements passed in criminal cases between 1997 and 2009 concerning human trafficking, i.e. former Article 253§1 and 204§4 Penal Code, conducted with an aim to investigate the image of the party injured as a result of such crime. The research included 59 court cases concerning sexual abuse of women, in which a judgement of conviction (either final and binding or not) was passed. The aim of the research was to the reconstruct the process in which a victim of women trafficking is seen by judges, to analyse the language used by judges in dealing with the victims, and to check if there is a specific model or models in the manner the victims' image is seen by judges. As part of this research, an analysis of semantic fields and qualitative analysis were conducted. The conclusions from the former show that the language used by judges when referring to the crime victims is highly diversified: ranging from formal, official registers ('the injured party', 'women', 'witness'), to vernacular and hardly formal, or even vulgar ('white slaves', 'roadside hookers'). As long as the first of the above registers does not carry any judgemental aspect in describing victims of human trafficking, the other style proves how negative the image is: one of a prostitute or a naïve, reckless girl. The semantic field analysis showed that among the expressions referring to the victims, the ones suggesting that the women got what they deserved were predominant. This language contains an element of the victim's causative involvement, suggesting that the women had some part of the blame for the circumstances, or that the circumstances were not as threatening or traumatising. It is often emphasised that the victims themselves agreed to travel, or had had prostitution experience before. Interesting conclusions can be drawn from analysis of semantic field equivalents, or in other words, the expressions used in lieu of the word 'victim'. Two groups emerge from among them: one, negative judgemental language used towards the injured party, and two, neutral. In the former group expressions such as: 'subject of trade', 'social outcast', 'property', 'human merchandise', 'merchandise subject to', 'a working girl', 'ladies of the evening', 'girls' are found. A considerable portion of these expressions indicates that the human trafficking victims are seen as de facto prostitutes ('prostitutes', 'roadside hookers', 'ladies of the evening'). Another thing that draws attention is the register of the language, with examples of colloquial or even vulgar words being used, which is certainly improper in documents of such importance. The fact that judges used inverted commas when they opting for some of these expressions in writing cannot serve as an excuse.
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Kobietobójstwo - kryminologiczna charakterystyka zjawiska

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Grzyb M.
Archiwum Kryminologii
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2014
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issue XXXVI
75-107
EN
The Polish word for “femicide”, kobietobójstwo, is a composite of two concepts and words, viz. the English word femicide and feminicidio, a term used in the Spanish-speaking world. Femicide was initially a gender-neutral term and essentially referred to the killing of any woman regardless of circumstances, i.e. it did not need to be related to the social and cultural gender role of women or be driven by misogyny or contempt for the female condition. There is an ongoing debate as to whether the term “femicide” denotes any instance of a woman being killed or whether it should be limited to cases where the perpetrator is a man and/or where being a woman is a contributing factor. As the term “femicide” was introduced into academic discourse by feminists in the 20th century, it would seem obvious that the connection between a woman’s death and her sex and status is a fundamental component of the concept of femicide in a given community. Feminists proposed the term as an alternative to the neutral “homicide”, so as to emphasize the hateful and/or misogynistic nature of certain killings of women. Femicide was meant to be an example of a hate crime. Structural inequality and the inferior social standing of women are salient factors in any analysis of the cultural phenomena and practices that can be classified as femicidal. Femicide is not so much a separate manifestation of gender-related violence as an extreme one. It is a reproductive mechanism of the oppression of women and takes the form of various practices. As with all violence against women, femicide is deeply rooted in the historically unequal relations between the sexes and the systematic discrimination against women. Femicide should therefore be defined as the killing of women because they are women, but not necessarily by men. This definition is close to the views that Rashida Manjoo, the UN Special Rapporteur on Violence Against Women, expressed in her report of May 2012. Manjoo enumerates femicidal practices that she refers to as “gender-related killings of women.” The list includes both intentional (direct) killings of women committed by specific perpetrators and practices that indirectly cause women to die because they are women. These practices stem from the unequal relations between men and women and the oppression of women. Femicide, then, denotes both murder and manslaughter. It could be said that in international and feminist discourse, femicide is regarded as a set of cultural practices with a common denominator around the world, viz. they all cause women to die because they are women. These practices are not limited to voluntary and involuntary killings of women, but include practices that often cause women to die because of their social and cultural conditions.
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Kryminologia feministyczna

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Rekosz-Cebula E.
Archiwum Kryminologii
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2014
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issue XXXVI
7-30
EN
This article discusses the defining characteristics of feminist criminology. Given the sheer volume of materials and data on feminist criminology, I have selected only those aspects which I believe enable it to be described as completely as possible. The theoretical and methodological premises of feminist criminology are discussed first. The focus is on the key concepts and methodological research principles that distinguish feminist criminology from other trends in criminology. The existing literature on feminist criminology is then presented to show the extent to which the topic has been explored both empirically and theoretically. The diverse interests of feminist researchers, both male and female, are also apparent in the next aspect of feminist criminology, viz. the divisions and different strands of feminist thinking on criminology. Those that appear most frequently in the literature are discussed. The premises, areas and variants of feminist criminology have to be described before questions can be asked about its status and its future. The status and future of feminist criminology are, I believe, the two key components of any discourse on the feminist perspective. As such, they are discussed as well. The final aspect of feminist criminology is its definition. This is derived from the topics mentioned above.
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Dwa razy Lombroso, czyli o skutkach różnic w podejściu kryminologii pozytywistycznej i kryminologii feministycznej

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Płatek M.
Archiwum Kryminologii
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2014
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issue XXXVI
31-73
EN
Dwa razy Lombroso [Twice Lombroso] considers differences in the diagnoses and conclusions pivotal to criminal law and to criminal and social policy by way of a specific example. It would seem that so long as we rely on an accepted research paradigm, we are equipped to verify not only the validity of a theory, but also the social consequences of explaining pathological behaviour and criminality in a particular way. The story of Saartjie “Sarah” Baartman illustrates how positivist and feminist methodologies in criminality result in very different views of reality. The latter forces us to consider issues that have so far been ignored in the criminological literature. The genesis and evolution of criminology has clearly contributed to the development and modernisation of criminal law theory. Discarding the theory of free will has forced theoreticians to confront social realities when considering the creation and application of the law. What has gone unnoticed, however, is that criminology has also helped justify the creation and application of special criminal law institutions from the outset. Racism, racist practices, and the exclusion of certain groups in order to show authority and justify curtailing liberties under the pretext of having to ensure safety and social order have all been vindicated and cloaked in academic respectability with the assistance of criminology. Nowadays, it is often tempting to think that there is such a thing as safety from birth or through osmosis. On the one hand, this sometimes justifies creating separate institutions with the word “criminology” in the name. On the other hand, under the pretext of treatment, therapy or eliminating threats, it can justify maintaining institutions that greatly contribute to the arbitrary exclusion of individuals who are instrumentally exploited or deemed troublesome in order to show strength or demonstrate political efficiency. The text does not attempt to create a dichotomy of good and bad criminology. It is not about demonstrating that positive criminology is archaic and feminist criminology up-to-the-minute. It is rather a scholarly reflection on knowledge standards and on the consequences and hazards that flow from recognising a given claim as scholarly. The text, then, is merely a reflection on what characterises the feminist approach to criminology and what this approach contributes to the discipline. It also attempts to look at the beginnings of the evolution of criminology from a feminist criminological perspective. By illustrating how the work of Lombroso can be examined, described and appraised in terms of positivist and feminist criminology, I try to show how different descriptions of the reality (pathology) of criminality can be arrived at depending on whether we study it on the basis of positivist criminology or whether we also approach the problem from a feminist perspective appropriate for criminology.
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Płeć a przestępczość. O problemie dysproporcji płci wśród sprawców przestępstw z użyciem przemocy

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Grzyb M., Habzda-Siwek E.
Archiwum Kryminologii
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2013
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issue XXXV
95-135
EN
Gender gap in crime, that is the claim that women tend to commit less crimes than men, has been the subject of criminological research for years. The gender gap is found throughout the world, not excluding Poland. Scholars dealing with the issue mainly focus on two aspects of the problem. First, they try to find out why women commit fewer crimes than men, which means the very gender gap is their key concern. Second, they try to clarify and interpret any potential changes in this disproportion observed over time; in particular this relates to the narrowing of the gap that can be noted in the official statistics (especially in the US) over the last decades. Based on publicly available police statistics for the years 1992 – 2011 on persons suspected of: murder (Article 148 Penal Code), bodily injury or harm to the bodily functions or severe health disturbance (Articles 156 and 157 Penal Code), brawling or assault (Articles 158 and 159 Penal Code) and the so-called aggravated crimes (Articles 280, 281 and 282 Penal Code), the authors decided to identify the size of the gap between offending men and women involved in chosen violent crimes in Poland and to check if the difference changes over time. The main focus was devoted to finding out if the gender gap in selected types of crimes in Poland is changing (narrowing), as it is the case in the western countries. Some results of previous research, conducted mostly in the US, show that the disproportion has been shrinking over the last several decades. Two hypotheses are offered by researches to explain the trend. The first one, referred to as the Behaviour Change Hypothesis emphasises the fact that over the last few decades women have become more socially active and they are becoming more similar to men in their behaviour, which leads to increased readiness to display aggressive behaviours, and this is reflected in criminal records. The hypothesis could illustrate the actual changes in women behaviour and evolution of gender roles. According to the other hypothesis, the Policy Change Hypothesis, the observed change does not stem from the fact that male behaviour patterns are adopted by women, but can rather from the changing percep-tion of violence and greater pressure on law enforcement bodies to prosecute every, even the most minuscule acts of violence, regardless of the age or sex of the perpetrator. The analysis of data on Poland was preceded with a short review of the contemporary criminological concepts concerning gender and offending, with the aim to investigate their potential in explaining the qualitative and quantitative differences in criminal activity of men and women. The authors devoted special attention to: the T. Hirschi's control theory, J. Ha-gan's theory of control-power, the general strain theory by R. Agnew (including the concept of L. Broidy and R.
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Profil sprawcy, profil ofary. Przestępstwo współżycia z osobą małoletnią poniżej 15. roku życia

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Dziewanowska M.
Archiwum Kryminologii
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2012
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issue XXXIV
367-399
EN
The purpose of this article is to present results of an examination of judicial records of cases relating to the article 200 of Criminal Code in two judicial districts. It is essential to construct a profile of a perpetrator and a profile of a victim of this offense, particularly in those cases committed by young people. Also, if possible, to answer a question whether the present legal regulation is adequate to control minors’ sexual activity. Interesting issues are the age difference between the perpetrator and the victim, the existence (or not) of some close relation between them, and also the impact of those factors on the decision of a court. Equally important are reasons of reporting the cases to law enforcement, the basis for initiation of criminal proceedings and final sentences. The objective of this study was also to check whether the reduction of age of consent or the introduction of “close in age exception” would reduce the number of convicted young offenders, who were participants of consensual sexual relations with minors under 15 years old. The analysis of data obtained is carried out in the context of socio-cultural acceptance of sexual behavior of youth, legal regulations of protection of their reproductive health, the impact of media and information technologies, as well as the history of childhood and perception of children’s sexuality. Non-criminal-law factors have very significant impact on the knowledge young people have, on the sexual needs they have, and finally implementation of those in everyday life. This study is part of the doctoral thesis analyzing the problem of sexual offenses committed by or against minors, partly illustrating the phenomenon and the problems arising from the criminal law regulations of sexual behavior of young people. This research is not representative for the whole country, because of the limited geographical scope, but allows to draw relevant conclusions and confirm or deny previously constructed hypotheses. It is also possible to prediagnose emerging problems and to present the potential legal solutions, currently existing in other countries, both in Europe and worldwide.
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