The Sociological Criminology Behind Male Adult Victim Sexual Misconduct: A Comparative Analysis of Spain and New York

Abstract

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of sexual misconduct, whilst far less has been written about male adult victims of sexual misconduct perpetrated by both women and other men. Due in large part to the stigma and embarrassment faced by male adult victims of sexual misconduct, and because rape and sexual aggression have historically been defined as a male-onfemale crime, when cases of male victimisation do occur, victims seldom come forward. Nevertheless, there is an increasing body of literature and data sources which demonstrate a higher than expected prevalence of sexual aggression perpetrated against adult male victims and which merits further research. This chapter analyses the legal and judicial responses to the sexual victimisation of male adults by comparing New York and Spain, both of which historically defined rape in gender specific terminology (male-on-female aggression) but later modified their laws towards more gender-neutral terminology. Through an analysis of data, case law and other studies, this chapter will analyse from a socio-criminological perspective the ways in which these legal systems have responded to sexual aggression perpetrated against adult males. The chapter is divided into three sections. The first section provides an overview of the legal history of laws of sexual aggression involving male adult sexual victimisation; the second section presents empirical evidence as to the prevalence of these crimes, as well as a qualitative examination of the obstacles that impede the understanding of this phenomenon, followed by a final section which provides recommendations for improved approaches towards ensuring justice for male adult victims and for expanding future research on this topic