Family violence and homosexuality are two prevalent deviant behaviors that exist in societies all over the world. While family violence has become criminalized due to a decline in acceptance, homosexuality has moved away from being seen as a criminal behavior. The criminalization of domestic abuse and the decriminalization of homosexuality are traced in this essay, along with some of the ideas that help to explain these abnormal behaviors.
Sexual encounters between people of the same sex are considered to be homosexual. While some societies have openly accepted homosexuality, other parts of society find the subject to be uncomfortable (Han and O'Mahoney 268). Homosexuality has evolved and is currently experiencing a big wave of decriminalization. In the past, homosexuality, in its different forms was viewed as a form of deviance that often crossed to criminal activity. In the last 100 years, however, the perception of homosexuality as a criminal activity has weaned, with more societies embracing it.
A major factor that characterizes homosexuality is the kind of stigma leveled towards homosexuals. Despite the advances that have been made in securing the sexual rights for all, unjustifiable stigma is still attached to homosexuality (Thio, Taylor and Schwartz 248). Some deviant activities such as murder and physical abuse are justifiable, due to the kind of hurt and pain caused to others. In the case of homosexuality, however, stigma is unjustified, since engagement in homosexual activity does not leave other members of the society.
The historical criminalization of homosexual activity can be traced back to religion and politics. Among societies that practice religions such as Islam and Christianity, homosexuals are criticized in the religious teachings (Han and O'Mahoney 270). Besides, the countries that were colonized by the larger British empire inherited the colonial rules that outlawed homosexuality, hence the criminalization of such practices (Han and O'Mahoney 270). With the advancements made in civil liberties and social justice, however, the world has moved towards the decriminalization of homosexuality. As of 2013, about half of all countries had done away with penal codes that criminalize homosexuality.
Family violence
Unlike homosexuality which has become decriminalized, family violence is a deviant act that has increasingly become criminalized. Family violence is an old problem that affects many societies across the globe. Such form of violence takes different forms, ranging from sexual, to emotional and even physical violence (Thio, Taylor and Schwartz 132). Family violence is an example of a deviant activity that was unpunished in the past but has evolved to become a full-fledged criminal activity.
Historically, family violence was fueled by certain ill-informed misconceptions about women and children. These misconceptions or myths explained the lack of punitive measures taken against perpetrators of family violence (Barner and Carney 236). Some examples of these myths included the perception of women and children being unable to tell the truth in regards to violence and especially sexual assault. In other cases, men were assumed to possess insatiable sexual desires, and thus offered the liberty to use women as their sexual objects.
With time, however, some of these misconceptions and myths have vanished, leading to the criminalization of family violence. Despite the advances made, some problems persist in the criminalization of family violence. First, a significant number of men across the globe disrespect and objectify women, which results in family violence (Barner and Carney 238). Besides, some of the victims of family violence are economically helpless and often blame themselves for the violence meted to them. Such factors erode the gains made in the criminalization of family violence.
The criminalization of family violence
Practices in the older societies perpetrated family violence, which as often directed to women and children. In the roman society, for instance, a married woman was perceived to be bought, and thus property owned by the husband (Barner and Carney 238). This is a notion shared by many societies across the globe, leading to the acceptance of family violence as a private affair that did not require public attention. In regions that practiced Catholicism, family violence was allowed among married individuals. Here, the church allowed a husband to punish her wife using a stick once she erred. In the English common law, family violence was allowed through the rule of the thumb. This rule was characterized by men who were allowed to use sticks thinner than a thumb to punish their wives (Barner and Carney 239). During the late 18th century, however, societies started the push towards the criminalization of family violence. The early 1900’s saw many American states outlaw the beating of the family by the husband. The problem however, was the lack of enforcement of these laws, with enforcement coming into force in the late 60’s. With the increased penetration of different forms of media, family violence has become more exposed, with more laws brought about to counter the vice.
Three major theories explain family violence, as a criminal activity. First is the social learning theory, which views family violence as a learned behavior. Here, individuals who have experienced family violence are most likely to be violent to their family members (Thio, Taylor and Schwartz, Deviant Behavior 133). Another critical theory that explains family violence is the stress theory, which points out that individuals who are under high levels of pressure are likely to become violent (Thio, Taylor and Schwartz, Deviant Behavior 133). According to this theory, individuals who have the required support system are more armed to deal with pressure, and therefore less unlikely to engage in family violence. The exchange theory also explains family violence as a crime. According to the theory, people mete violence due to the gains obtained (Thio, Taylor and Schwartz, Deviant Behavior 134). The implication here is that individuals resort to violence to gain power and satisfaction, while the risk of engaging in violence is minimal.
The decriminalization of homosexuality
In the early 90’s, homosexuality was perceived to be a deviant activity that warranted legal prosecution. Apart from the stigma associated with the engagement in homosexual activities, homosexuals were disadvantaged in regards to employment opportunities and protection from violence (Han and O'Mahoney 280). Laws that prohibited homosexuality were often referred to as the sodomy laws. Such laws had their roots in the era of the western civilization, where the church was in control of politics and legislation. In the 13th century, for instance, homosexuality was regarded as a criminal activity, with individuals found guilty punished by death (Han and O'Mahoney 281). In England, the 15th century was the enactment of laws against homosexuality, where the guilty were punished by hanging. The decriminalization of homosexuality started in the early 19th century when countries such as England lifted the death penalty. Most of the governments, however, maintained the perception of homosexuality being illegal.
The decriminalization of homosexuality got a big boost in 1957 when the Wolfenden Report was published in the United Kingdom. The report was the starting point for the repealing of the anti-homosexuality laws in Britain and the rest of the world (Han and O'Mahoney 282). Currently, most of the countries in the developed world, have done away with laws that criminalize homosexuality (Thio, Taylor and Schwartz 248). Nations in Africa and Asia, however, still lag behind in the decriminalization of homosexuality, despite the efforts made by international bodies such as the United Nations Human Rights Council.
There are three categories of theories that explain homosexuality. First are the biological theories that include the hormone theory, the genetic theory, and the brain theory. According to these theories, the genetic and overall make up of an individual dictates whether one is homosexual or not (Thio, Taylor and Schwartz 257). Other theories explaining homosexuality are the psychiatric theories. According to this view of sexuality, homosexual activity is a deviant behavior that results from a mental disorder (Thio, Taylor and Schwartz 258). According to psychiatrists, same-sex orientation comes up as a result of disturbed childhood relationships and fears. Here, parent-child relationships result in engagement in homosexual activity during adulthood. The last category of theories explaining homosexuality as a deviant behavior is the sociological theories. These theories view homosexuality through a wider lens of the society. Here, individuals maybe socialized to accept homosexual activity (Thio, Taylor and Schwartz 258). The patterns of homosexuality, however, change with different societies.
Homosexuality as a deviant behavior has been gradually decriminalized, due to the global uptake in individual and social liberties. I agree with the decriminalization of homosexuality since people should not be oppressed due to their sexuality. Irrespective of their sexual orientations, people should be deemed equal in the eyes of the law. Besides, sexuality is a deeply personal matter, that does not require legal controls in regards to criminalization. Family violence, on the other hand, has been criminalized with time. I agree with this form of criminalization, especially since each person should have equal standing before the law. Historically, women have been disadvantaged and oppressed by a patriarchal society, which used the law to enhance oppression. The law should be a tool that ensures equity, as opposed to being used to discriminate individuals due to their gender or sexuality.
Works Cited
Barner, John and Michelle Mohr Carney. "Interventions for intimate partner violence: A historical review." Journal of Family Violence 26.3 (2011): 235-244.
Han, Enze and Joseph O'Mahoney. "British colonialism and the criminalization of homosexuality." Cambridge Review of International Affairs 27.2 (2014): 268-288.
Thio, Alex D, D Jim Taylor and D Martin Schwartz . Deviant Behavior. Pearson, 2012.
