The Bias in Favor of Female Sex Offenders

Thanks to some discussion regarding one of my other articles, Long Island High School Teacher Heather Kennedy in Alleged Sex Scandal with Student, a point was raised that women sex offenders seem to get preferential treatment. My interest piqued, I researched this topic and was appalled at my findings. In a nation where women have fought to have equal rights with men, women certainly do not have equality in sentencing for sex crimes.

According to the Bureau of Justice statistics, a study 1998 (the most recent available) found that 950,000 women were serving time in a correctional facility. That is approximately 1% of the total female population of the United States.¹ It is estimated that nearly 3.2 million women were arrested in that year. Out of all these statistics, it is unclear exactly how many of these arrests/convictions were of female sex offenders. It is estimated though only 4% of sex crimes committed are by women which means an overwhelming 96% are by men. But one must be careful to remember that is statistic is taken from reported crimes. It is unknown how many unreported crimes are perpetrated by women. However, the Bureau of Justice did find that 40% sex offenders who were released from prison committed another sex crime within one year of their freedom.²

So why do women seem to get preferential treatment as sex offenders? The conclusions are my own but I believe they are valid in our society.

Female sex offenders are just that...female.

Why do women feel the need for a second person in the room with a doctor during a physical exam? Is it different with a female doctor? Of course it is! Women are not viewed as sexual predators because it seems incomprehensible that the "weaker" or "softer" gender could be capable of these crimes. Women are seen as the caretakers and nurturers. Women are seen as the gender that "needs" to be protected and cared for. As crazy as it may seem, some of the women involved in the teacher sex scandals are seen as victims of their students. While I am not disputing that some women may be victims of a student, it is more likely the other way around.

Female sex offenders are less likely to be reported.

I have mentioned this previously and it is unclear how many sex crimes committed by women go unreported. One reason this may happen is society's perception of who a predator is. When you think "sexual predator" what comes to mind? A pretty young schoolteacher who is fresh out of college and is making the world a better place by molding young minds? Probably not. More likely you are thinking what I do: a creepy looking man in the park staring at children. It seems unfathomable that a teacher, particularly a female one, would be a predator in disguise.

Another major reason sex crimes committed by women go unreported is that males are less likely to file charges against a woman. Jason Eickmeyer was only 15 years old when he had sex with his gym teacher, Traci Tapp. Two years later, he gave a statement to police against Tapp. The fallout quickly started. He was mocked, rejected, and even made fun of. His friends told him, "How could you say you were victimized by having sex with a teacher? She was hot. She was young. She was the best thing that ever happened to you."³ Being victimized was the best thing that ever happened to this young man? For Eickmeyer, it was the worst thing that ever happened. He stopped going to classes, dropped out of the wrestling team, and later was publicly ridiculed for testifying against his abuser. As it turned out Tapp merely lost her job when she plead guilty to offensive touching. No jail time for her. (Tapp's attorney contends that his client's plea agreement was not related to the Eickmeyer situation but with another student. The police assert that it was a direct result of Eickmeyer's statement.)⁴

Society still gives the stigma that it is an accomplishment, not a crime for underage boys to have sex with an older woman. If a male teacher has sex with an underage girl, it is not only a crime, but a severe one.

Female sex offenders are often viewed as celebrities...not criminals.

Mary Kay LaTourneau, now Mary Fualaau, is probably the face of female teachers having sex with underage students. No matter how hard you tried, it was difficult to look at her on television and see a monster. She had a delicate, soft-spoken way about her and she played to the media very well. She plead guilty in 1997 to two counts second-degree statutory rape of then 13 year old Vili Fualaau. She was given a suspended 7 ½ year jail sentence (only 6 months had to be served in a correctional facility) and was ordered to attend 3 years of a sex offender treatment program. In 1998 she was returned to prison for the remainder of the sentence for violating parole by having sex with the still underage Vili Fualaau. Two children later, the couple married once Vili came of age and Mary was released from prison. Thanks to the media attention, they held a very expensive wedding in which Entertainment Tonight paid for the exclusive rights.⁵

Thanks to the media, many of these female sex offenders are given outlets to plead their cases to the public. Robert J. Shoop, author of Sexual Exploitation in Schools: How to Spot It and Stop It, offers this explanation: "The female is likely to get a suspended sentence. A male is likely to get a 20-year sentence. Many of these female teachers who have sex with a child go on national talk shows and say, 'I was an excellent teacher except I had sex with a 14-year-old.' It is a hard sell for many people to believe that the punishment should be the same. But they are equally destructive."⁶

Debra LaFavre is another beautiful face of an ugly situation. Accused of having sex with a 14 year old boy, the 25 year old teacher struck a deal with prosecutors to avoid jail time. When the deal was rejected by the judge, the prosecution dropped the case.⁷ Since that time, LaFavre has been tabloid fodder particularly when Backstreet Boy Nick Carter claimed to have lost his virginity to LaFavre.⁸

Female sex offenders and sentencing:

Charol Shakeshaft disagrees that female sex offenders are less likely to get severe sentences. Shakeshaft contends that we see "..two or three cases where women are not getting sentences and people take that as evidence that women get off light generally."⁹ If abuse does occur in schools, statistically it would be done by a woman because women do make up the majority of the workforce in schools. However, Shakeshaft continues to claim that a double standard in sentencing does not exist.

Florida residents may disagree. After seeing Tampa teacher LaFavre get off without even probation, an Orlando chemistry teacher, Dang Van Dinh, was sentenced to 5 years in prison for having sex with a 15 year old female student. When the judge in LaFavre's trial was questioned as to why he rejected the plea agreement, Judge Hale Stancil replied, "Accepting the proposed plea agreement would undermine the credibility of this court, and the criminal justice system as a whole, and would erode public confidence in our schools."¹⁰ He had hoped the rejection would have forced jail time for LaFavre, not implode the case.

Carrie McCandless, a Colorado high school teacher got 45 days in jail for unlawful sexual contact with a 17 year old student.¹¹

These are only a few examples. But the bias appears solid. Whereas Mary Kay LeTourneau was given a suspended sentence and numerous opportunities to reform (as many other women offenders have), you do not see that option being given to their male counterparts- particularly if the man has admitted guilt.

The Damage

Unfortunately, the damage is done regardless of gender and victim. The sex offenders, particularly those in the teaching profession, harm not only their victim but their own families, the victim's family and their profession. They erode trust as a basic level. A child looks to an adult for guidance and direction, not to be abused. LaFavre's husband said when the scandal hit the news, he wanted to "hide in a cave."¹²

Long term damage is now being studied in young men who have been abused by female teachers. Psychologists say that the boys suffer doubly because for them it was affection and a source of male pride/sexual prowess. For the girls, sexual abuse is generally about the power their abuser had over them. For the boys, a female abuser uses affection and seduction. Many believe their abuser is in love with them and wants a future with them.¹³ Mr. Shoop agrees that female abusers are exceptionally dangerous in that regard. The boys are not prepared emotionally to deal with someone who, "..flirts and carries on a friendship. They write their name on their books. They text-message them. They are not in love with the child, but they are using them for sexual gratification."¹⁴

In conclusion, as a mother and a teacher, I am appalled at the bias. As a teacher, you do have to be vigilant and careful but you are still the adult! You are the grown up. Female or male, take responsibility and serve your time if you do the crime.

End Notes

1http://www.ojp.usdoj.gov/bjs/crimoff.htm#women

2http://www.ojp.usdoj.gov/bjs/crimoff.htm#sex

3http://www.post-gazette.com/pg/08076/865559-85.stm

4 http://www.post-gazette.com/pg/08076/865559-85.stm

5 http://en.wikipedia.org/wiki/Mary_Kay_Letourneau

6 http://www.post-gazette.com/pg/08076/865559-85.stm

7http://abcnews.go.com/US/story?id=1752245&page=1

8http://en.wikipedia.org/wiki/Debra_Lafave

9 http://www.post-gazette.com/pg/08076/865559-85.stm

10 http://abcnews.go.com/US/story?id=1752245&page=1

11 http://www2.tbo.com/content/2007/oct/26/na-male-female-pupils-seen-differently-in-sex-scan/?news-nationworld

12 http://www.post-gazette.com/pg/08076/865559-85.stm

13 http://www2.tbo.com/content/2007/oct/26/na-male-female-pupils-seen-differently-in-sex-scan/?news-nationworld

14 http://www.post-gazette.com/pg/08076/865559-85.stm