Female Offenders

• Author: Smita Vir Tyagi
• Pages: 739-764

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CHAPTER 35

Female Of‌fenders

Smita Vir Tyagi

I. INTRODUCTION

Research and literature on female oenders has been relatively scarce until relatively recently. To date,

much of the research has focused on incarcerated women who represent a small and unique population

in the prison system. eir comparatively smaller numbers relative to male oenders has oen meant

that most programs and services on the whole tend to be geared toward the majority male population.

However more and more it has been recognized that women oenders present unique issues and needs

that need to be incorporated into correctional models of assessment, classication, programs, and other

services. is chapter will provide a brief overview of issues and concerns related to female oenders in

the correctional system. Readers should note that although female oenders in both the provincial as

well as federal system share similar issues and problems there is a relative lack of paucity of research on

provincially sentenced women. is chapter largely draws on what is known about federally sentenced

women and includes provincially sentenced women wherever possible.

II. SCOPE AND DIMENSION OF WOMEN’S OFFENDING

Overall, women represent about 6.5 percent of the total number of admissions into prison, as of 12 April

2009, there were 500 women incarcerated in Canada under federal jurisdiction. About 39 percent of

women in federal custody are serving sentences of less than three years while 16 percent are serving life

sentences as per information from 2008–2009 (Correctional Service Canada, 2009b). Women oend-

ers account for a somewhat higher number, approximately 7 percent of all oenders, in the provincial

system across Canada (Blanchette & Taylor, 2010). Overall, females account for a small proportion of all

oenders; the rate of crime among females is one quarter the rate among males and when females oend

they tend to commit the (other than the of motor vehicle), common assault, bail violations, and fraud

(Kong & AuCoin, 2008). Writers note that in the United States, while female oenders share many of the

problems of their male counterparts, they also experience the “triple jeopardy” of race, class, and gender

(Bloom, Owen & Covington, 2002). e authors note that women of colour, especially African Amer-

icans, are disproportionately incarcerated in the United States stating that in 1999 for example, African

American women were nearly eight times more likely to be incarcerated than white women.

While the number of women oenders in absolute terms is relatively small, this number has shown

a 50 percent increase since the mid-90s (Correctional Service Canada, 2009b). Blanchette and Taylor

(2010) note that Aboriginal people represent approximately 4 percent of the Canadian population but

represent 19 percent of the federal prison population and about 34 percent of the incarcerated female

population. Some estimates have noted that if unchecked the overall Aboriginal population in Can-

ada’s correctional institutions could reach the 25 percent mark in less than ten years compared to the

19 percent it is now (Public Safety Canada, 2007). In the last ten years the Aboriginal women oender

population has increased by almost 90 percent compared to 17.4 percent for Aboriginal men in the same

Smita Vir Tyagi

period and they represent the fastest growing oender category under federal jurisdiction (Oce of the

Correctional Investigator, Annual Report, 2010, p. 49).

A federal report (Correctional Service Canada, 2009b) noted that in terms of oence categories ap-

proximately 27 percent of federally sentenced women are serving sentences for homicide, 26 percent

for drug oences, 23 percent for robbery and about 3 percent for sex oences. is report also stated

that the proportion of women homicide oenders has steadily decreased from 36 percent in 1996–97 to

27 percent in 2008–09 while that of robbery oenders has increased by 2 percent and, with some varia-

tions there has been a steady increase in drug oences. Kong and AuCoin (2008) noted that when women

oend they are most likely to commit property oences such as the, shopliing, or fraud with rates

of oending in these two areas being half that of male oenders. is report also pointed out that with

respect to break and enter oences, the rate of oending by women is one-tenth that of males and for

motor vehicle the it is eight times lower than that of males. e authors also point out an important

trend, while there has been a decrease in numbers of women (and men) being charged for Criminal Code

oences, charges for administration of justice oences (bail violations, breach of probation, fail to appear

in court) has tripled between 1986 and 2005 and, with higher convictions, is adding considerable costs

to the justice system.

In terms of gang membership there is evidence from the United States that women make up approxi-

mately 10 percent of gang membership (Snethen, 2010) and that they are increasingly participating in

gang-related illegal activities. However it is also noted that they do so at a considerably lower rate than

their male counterparts (Miller, 2001). In Canada there are very few women identied as gang members.

Mackenzie and Johnson’s (2003) study that covered the time period 1994–2000 found only forty-nine

women gang members who were serving federal sentences. ey noted that women who were gang mem-

bers tended to have a lower than grade ten education, unstable work histories, favourable attitudes to

substance use, antisocial attitudes, a history of oending and problems with aggression, impulsiveness,

and hostility. Miller (1986) noted that young women in gangs have disproportionate histories of victim-

ization before gang involvement compared with gang males and other females. Writers have pointed out

that although women in gangs have more opportunities for violent and criminal activities, this is not a

dominant trend (Lurigio et al., 1998; Miller, 1998). Mackenzie and Johnson’s (2003) review noted that

that many females nd themselves in gangs in order to address their marginalization and impoverish-

ment, participate in a surrogate family having had experiences of abusive or dysfunctional families, or,

full personal needs that cannot be satised by their family trying to protect themselves from violence

(Miller, 1998).

In relation to violent oences the rate of women charged with violent crimes is about 155 women per

100,000 women in the population in comparison to 762 men per 100,000 men in 2008 (Corrections and

Conditional Release Statistical Overview, 2009). Kong and AuCoin (2008) reported that the rate at which

females are accused of person related oences is about one-h the rate for males. ey also noted that

common assault was the most prevalent type of violation followed by major assault and uttering threats.

Gabora and colleagues (2007) in their study of intimate partner violence (IPV) perpetrated by fed-

erally sentenced women found that 15 percent had a history of domestic violence committed against

predominantly male partners (82 percent) with most inicting no injury to the victim. eir study also

noted that contributing factors to women’s violence include physical and sexual abuse toward them by

the victim, emotional abuse by the victim in addition to their own use of alcohol or drugs. Women

perpetrators in their study were found to have extensive histories of violence and victimization involving

long-term, severe abuse oen with multiple perpetrators. ey found support for Babcock, Miller, and

Siard’s (2003) typology of female perpetrated IPV of partner-only violent women where the violence is in

the context of the relationship and generally violent women who, unlike women in the former group ex-