Criminal Law Will Never Be an Adequate Response for Dealing with Essay

Criminal Law Will Never Be an Adequate Response for Dealing with Complexities of Gendered, Sexualised and Racialised Violence - Essay Example The other objective of criminal law is to make it possible for individuals to coexist in the society1. Other objectives include to define the procedures of recognizing innocence or guilt and to choose the form of treatment or punishment after the individual is convicted for violating society’s laws2. The main aim of the criminal law is to protect the society so that its members can be reasonably secure as they carry out their constructive activities. Behaviours that are considered to be detrimental to the society’s welfare are made criminal. At all times, a balanced has to be attained between protecting the society and the individual rights. There are three types of harm or dangers that the criminal protects the individual against, and they include protection of the societal morals, protection from harm caused by others, and protection from harm emanating from ourselves. The most common protection that criminal law offers include protection from harm caused by others. T he obvious protection offered is found in laws against arson, rape, theft, and homicide. Individuals feel reasonably secure when majority of the people, â€Å"most of the time, will not harm us in these or other ways, and that if we are harmed, the offender will be caught and punished.†3 Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered, Sexualized and Racialised Violence Criminal Law Will Never Be an Adequate Response for Dealing with the Complexities of Gendered Violence In the majority of the countries in the world, criminal law is the conventional legal strategy utilized in addressing issues of violence against women. The laws are usually contained in general statutes like the penal codes that create the national criminal justice system. The penal codes apply to all individuals and in all areas within the nation. At times, the special statutes tackle certain types of violence such as torture and dowry violence. This form of legi slation supplements penal codes, basic law, thus offering for a more focussed regulatory control. However, in most cases, there gaps in special laws and penal codes, and this results in the inadequacies, and inefficiencies in the criminal justice system. It is important to note that the laws are not in place and thus, they are supposed to be reformed, expanded, and revised4. Due to ineffective enforcement, inefficiency in investigation, undue influence, and corruption, the criminal justice systems are said to be against women who are victims of violence. Thus, the procedural and substantive criminal laws and the law enforcement culture, lack gender sensitivity and they reflect an entrenched prejudice against women5. The criminal law alone cannot effectively deal with the problem of domestic violence. Majority of the aspects in domestic violence cannot be described as crime\, and they do not into any classes of assault under the criminal law. For instance, a woman who is under infreq uent sexual or physical assaults from her partner or husband may find that her day-to-day life is controlled by measures such as seeking permission on a daily basis to see her friends or family, take up education or employment, or even to go out. These women may generally feel incapable of doing so for fear of reaction. Thus, most of the women will not have the option of using criminal law. It is worth noting that criminal law will not effectively recognize the possible danger or escalation of the abuse when it attempts to challenge