Thus, the severity of the physical and psychological harm, alongside the experience can only be felt by the victim and not by the perpetrator. This would assume that the status of both the victim and the perpetrator is mutually interlinked. This stems from the perspective by both the liberal and radical feminists, that rape is a fundamental link towards men and women’s positions within the sexual hierarchy of patriarchy. By virtue of their esteemed status within a patriarchal sphere, it is assumed that the perpetrators adopt a power of dominance, whilst the majority of rape victims are in a position of disempowerment (Brenner, 2008: p. 512). Both the liberal and the radical feminist approaches to rape have gained significant amounts of criticisms over the years. For instance, sex-positive feminists have critiqued that the tendency of both the approaches to define sex only as an observation of danger and not as pleasure. In similar respects, intersectional feminists have also criticised that both approaches fail to account for the experiences of rape victims from different classes and races. Most feminist critiques of rape, and the rape law, tend to focus more on the overcoming barriers to the most effective criminalisation and prosecution of the coercive sex, without …show more content…
According to the criminologist Charles Wellford (1975), this theory suggests that there is no act of inherent criminals, and that most acts are only criminalised when society deems them to be so. There are some clear acts that are to be considered wrong in the majority of society; such as rape, murder and arson (Wellford, 1975: p. 335). In similar respects, John Hagen’s (1973) concept of self-labelling describes how a criminal who is not caught by a witness should not be labelled as a criminal. However, the criminal may have an ingrained belief that they are a criminal, and as such may label themselves as one. Therefore, going against the labelling theory and stigma, which claims that labelling should come from a third party (Bernburg, 2009: p. 188; Hagen, 1973). Also, the concept of labelling theory is supposed to cover most of the criminal activities and influences each person irrespective of their race, social class, sex and age (Becker, 1963). Other criminologists are doubtful of this part of the theory and that this holds an effect on the individual regarding their race, social class, sex and age. This can increase the effects of labelling theory and stigma (Plummer, 1979: p. 221). The major flaw that affects labelling theory is that it has not yet been ‘empirically validated’. Some studies have discovered that being labelled as a criminal can increase the subsequent crimes. Whilst there are