International Journal of Humanities & Social Science Studies (IJHSSS)

A Peer-Reviewed Bi-monthly Bi-lingual Research Journal

ISSN: 2349-6959 (Online), ISSN: 2349-6711 (Print)
ISJN: A4372-3142 (Online) ISJN: A4372-3143 (Print)
Volume-VI, Issue-III, November 2019, Page No. 15-23
Published by Scholar Publications, Karimganj, Assam, India, 788711
Website: http://www.ijhsss.com
DOI: 10.29032/ijhsss.v6.i3.2019.15-23

Female Criminality – Gender Constructed Criminological

Explanations
Prof. Sunishtha Moghe
Assistant Professor, Symbiosis Law School, Pune
Prof. Nupur Khanna
Assistant Professor, Symbiosis Law School, Pune
Abstract
Crime does not limit the capacity of its perpetrator and does not require the identification
of gender for it to be committed. Though crime can be committed by anyone irrespective of
the gender, still the definition of criminal is gendered. This paper argues that the gendered
approach to female criminality is reflected in the studies on criminal behavior. The general
presumption is that criminality is supposed to be male affair and female offenders are taken
to be exceptions. Drawing insights from the criminological account of the criminal
behavior, the paper analyses that the female criminals are viewed as ‘troubled’ offenders,
who act out of need, and not ‘trouble-some’ offenders, who act out of greed and reserved
for male offenders. Ultimately, it suggests that there is a need to study female criminality
from non-gendered spectacles and to discard the ‘dot in the whole picture’ approach to
explain her criminal behavior.
Keywords: Female Criminality; Gender; Criminal behavior; Bias; Criminological
Theories.
Introduction: Women in India which is almost half of the total Indian population had a
significant role to play in the ancient society. However, rapid modernization and
urbanization has led to a change in the way women are perceived in the society. Although
the society has become progressive but there are certain essential attributes which still
represent the entire women group. These attributes provide a gendered explanation to the
crimes which they commit.
Although the transgression of values and criminal acts cannot be attributed to a specific
gender or age group, still male wrongdoers are labelled as criminals. Those involved in
enforcing the criminal law are influenced by gender in deciding who might have committed
the crime and how they shall be punished. Such gendered orientation to female criminality
also gets reflected in the studies on criminal behavior. Mostly the criminological theories
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
attributed all characteristics of criminality to men and did not take into consideration the
experiences of women. Hence, a universal explanation of male criminality is applicable to
women as well.
In the very first instance, a woman who enters the criminal justice system is considered
„incongruous‟, „out of place‟, and ‟invisible‟. The „explanations‟ for her presence in the
criminal justice system are sought and are „found‟ within the discourse of the „pathological‟
and „irrational‟, such as, menstruation, mental illness, poor socialization, and broken home.
Men are not considered to be „out of place‟ and consequently their criminality is explained
in different ways, and found within the discourse of „normality‟ and „rationality‟: boredom,
greed, peer pressure, provocation etc.
People who commit petty offences, like stealing food, water, books etc. to meet their
needs or that of their families are considered as „Troubled‟ offenders. Female offenders are
generally labeled under this category, who are portrayed as stealing out of need rather than
greed, in contrast to male counterpart, who are portrayed as „trouble-some‟ offenders. The
response to male criminals is „punishing‟ them, but the response to female criminals is
norm-alizing them, ensuring suitable behavior in future according to the socio-cultural
expectations of not being violent and aggressive. The troubled image of a female criminal is
furthered by the beliefs, notions, myths etc. regarding criminality amongst women.
Theories of female criminality: Female is generally overlooked in the explanation of
criminality and are often marginalized in favor of discussion from a purely male
perspective. The traditional theories of female criminality share certain assumptions about
female criminality which are used in laying the groundwork for theories explaining the
female criminality.
In the past certain authors have written on topics related to female criminality, beginning
with the atavist explanation of female criminal by Lombroso and Ferrero in The Female
Offender (1895). Their study found that the female criminals approximate more to males,
both criminal and normal, than to normal women. They failed to find the numbers of „born
female criminals‟ and argued that all women were less evolved than men, and thus closer to
primitive types.
Other writers who can be included in such influential group of writings are Thomas1,
Freud2, Davis3, Pollak4. Despite the differences in their analytical approach and theories,
they represent a sexist and gender-oriented tradition in female criminality. Such a definition
1
William I. Thomas was an American sociologist who contributed to the study of women by his
works Sex and Society (1907), and The Unadjusted Girl (1923).
2
Sigmund Freud was an Austrian neurologist and founder of psychoanalysis, who created an
entirely new approach to the understanding of the human personality.
3
Kingsley Davis was an American sociologist and demographer who contributed to the study of
women by his work on prostitution The Sociology of Prostitution (1961).
4
Otto Pollak was Austrian-American professor of sociology who contributed to the study of women
by his work The Criminality of Women (1950).
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
reflects and reinforces the economic position of women as reproductive and domestic
workers. Such tradition of sexually constructing the female criminality and resultant bias
against female criminal has led to the emergence of this topic. It is important to explore in
depth this tradition in order to understand what kind of gender-oriented construction has
been given to explain female criminality. Thus, the present piece of work is an attempt to
make such an exploration and to study the female criminality by breaking away from such
tradition.
Biological and Psychological Theories: The writers under this group see criminality as the
result of individual characteristics that are only peripherally affected by economic, social
and political forces. Criminality is seen from individualistic lens as a result of which other
social, economic factors are not taken into consideration. More importance to the biological
reasons due which crime is committed by a woman.
The proponents of this theory suggest that certain women are born “abnormal” i.e they
have certain innate bad characteristics. Then there is a second category of good woman,
who are born with such characteristics to live a normal life.
Because these theories centered upon the individual, they all suggest a „cure‟ based upon
adjustments to the personality of an individual. Little consideration is given to the role,
status, or socio-economic position of women in society. For the purpose of biological and
physiological theories, the study of female criminality began with the work of Lombroso 5,
whose writing on the subject started in 1895.
Cessare Lombroso: Lombroso‟s theories have their basis in the then relatively new and
controversial arguments of Darwinism6. It is therefore not surprising that they became
popular and widely accepted. Lombroso‟s basic idea is that criminal activities are conducted
as a result of our return to ancient times. The individual who are primitive in nature which
consists of “blacks” commits crime as compared to “non blacks” who are more advanced.
Lombroso claimed that women had a smaller cerebral cortex as compared to males as a
result of which their intelligence and reasoning capabilities are low. This, he argued, led to a
greater likelihood of psychology disturbance and was also more likely to lead to sexual
anomalies than crime.Lombroso further maintained that woman has a capability to survive
in unfavorable conditions due to their innate likeness for animal life. This ability to survive
evidences an inability to feel pain and contempt of death, making them insensitive to the
pain and suffering of other people. However, in most women the coldness is controlled or

5
Cesare Lombroso was an Italian university professor and criminologist. He authored L'Uomo
Delinquente (1876; The Criminal Man) and Le Crime, Causes et Remèdes (1899; Crime, Its Causes
and Remedies).
6
Darwinism is a theory of biological evolution developed by the English naturalist Charles
Darwin and others, stating that all species of organisms arise and develop through the natural
selection of small, inherited variations that increase the individual's ability to compete, survive,
and reproduce.
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
neutralized by pity, weakness, maternity, and, Lombroso argued, most importantly by
underdeveloped intelligence and lack of passion. On the other hand, criminal woman, and
all men, possesses passion and intelligence. Hence female offenders had certain peculiar
characteristics like cranium similar to men, more body hair, more passionate or aggressive.
Aggressiveness in women is considered as an alien feature as she is considered to be
submissive.
Lombroso‟s idea re-appears as threads in modern theories because he and his followers
provided the basis of the positive school of criminology. Later writings based on Lombroso
tend not to express these ideas quite so directly, but they often make similar assumptions.
Sigmund Freud: Another important criminologist is Sigmund Freud.7 Lombroso‟s and
Freud‟s understanding of the concept of the born criminal is quite different. Lombroso
distinguished criminals on the basis of their characteristics from birth, but Freud considered
that anyone can be an offender as we are all born with some immoral inclinations.
The other main difference is that for Lombroso a criminal cannot control his instincts as
he is born with such attributes, whereas for Freud considered that it‟s a hybrid of facts from
birth as well as certain factors from the surroundings. Hence, all humans although might
have some inclination towards criminal acts but same can also be controlled.
As with a large portion of Freud‟s work, the central tenet of his theory is sexual
inferiority complex. As woman dosent have penis and the physical strength of a man, they
feel themselves less superior as a result of which they commit crime. Because of the lack of
penis woman turns out to be more aggressive and rebellious, as they consider as a kind of
punishment. They become exhibitionist and narcissistic, and so try to be well dressed and
physically beautiful in order to win love and approval from men. Freud argues that there are
certain differences between men and women as a result of which women are more
submissive and men are aggressive. He further argues that instead of female‟s males have
consciences as a result of their oedipal complex. An oedipal complex is a man‟s or boy‟s
incestuous love for his mother which is repressed due to a fear of a jealous reaction from his
father. The fear is that the father may ultimately castrate the son – this is the most feared
punishment. As a result, they have very super-ego. As girls and women cannot be castrated,
they do not develop this kind of super ego or consciousness. Since women are more
submissive and they like to be loved by males, the female criminality is lower. Women do
not commit crime as it might lead to a negative reaction from their husband, father or
brother.
Otto Pollak: Pollak‟s theory was also sex-based. Pollak was skeptical of the official records
for female criminality. He proposed the theory of „hidden‟ female criminality. Women were
described as passive and passionless, but can simulate a sexual orgasm to hide their true

7
Freud was an Austrian neurologist and the founder of psychoanalysis, who created an entirely new
approach to the understanding of the human personality. He is regarded as one of the most
influential and controversial minds of the 20th century.
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
feelings. Within the sexual sphere they learn to manipulate, deceive and conceal – this,
Pollak claims, decides the inherent nature of women, making them likely to be the
instigators of crime which is then actually perpetrated by men. Where they do themselves
commit crimes, there are related to their feminine nature and explained either on
psychological (mental) grounds, for example, shoplifting is the result of kleptomania, an
uncontrolling urge to steal or on sexual grounds, for example, soliciting for prostitution or
sexual blackmail. He also suggested that biological factors such as, lesser physical strength,
menstruation, pregnancy, and menopause and so on enter the etiology of female criminality.
Pollak seems to have ignored possibility that lack of social, political, economic power may
force women into taking an underhand or manipulative way to enforce change, and so better
their position and standing in society.
W.I. Thomas8
Thomas begins with basic biological differences between male and female. He associates
maleness, the „katabolic‟, with the animal force which is destructive of energy and
femaleness, „anabolic‟, with plant which stores energy, and is motionless and conservative.
According to Thomas, such difference become more visible in the more civilized races, due
to the greater differences of sex roles. However, Thomas ignores the hard physical work
done by poor white women at home and in the factories in „civilized‟ countries, and accepts
a ruling-class definition of femininity. Thomas noted that women are not considered as
threat and therefore treated more leniently. Women who break such norms and transgress
the limits have the potential to become a real threat. Thus, normality is kept for those
women who are least likely to come in contact with the criminal justice system, i.e., „nice‟
ladies. The criminal woman is responded back not by way of any reformation in her role but
a „reformation‟ in her attitude herself. Thomas puts forward the analogy; „good‟ women
preserve their bodies as capital for selling in matrimony for marriage, whereas bad women
trade off their bodies for excitement and fun. Thomas shows ignorance of economic
hardships in his denial of economic factors in criminal activity with as much certainty as
earlier theorists.
The shared assumption in all these biological and psychological explanations about the
traits of the „normal‟ and criminal women is dubious. Yet, all these works, in some form or
the other, influence the contemporary understanding of female criminal behavior.
Social and Economic Theories: This group focuses upon impact of social factors on a
woman and resultant criminality. Following are some of the major theories which take into
consideration the societal factors responsible for criminal activity in females.
Liberation Theory: This theory relates female criminal activity with an increase in the
breaking down of traditional barriers for women in society. Thus, it proposes that the

8
William I. Thomas was an American sociologist who contributed to the study of women by his
works Sex and Society (1907), and The Unadjusted Girl (1923).
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
liberation or emancipation of women leads to greater number of crimes. Adler 9 studied
prostitution, drug addiction, and juvenile law-breaking among females and related these
crimes with the liberation movement of women. Liberated and independent women are
more keen to defy the traditions and social restrictions.
Strain Theory: The essence of the theory is that criminality is caused by pressure or
tension in the life of person. The originator of the strain theory is Robert Merton 10, who
borrowed ideas from Emile Durkheim11. It was another social scientist who took up
Merton‟s idea of „Strain‟ explicitly to explain the different pattern of male and female
crime, in particular the crime of youth. Albert Cohen12 argues as to how the contours of
wealth, rationality, ambition are confined to the successful „male‟ person and female is
denied the same. She can be successful only with a successful man and not otherwise. As
they do not face any financial obligation there is no question of strain in her life and thus no
need of crime.
Learning Theory: Learning theory focused upon the fact that criminality is a learned
behavior. Edwin Sutherland13 introduced the theory of „Differential Association‟14 and gave
two explanations for criminal behavior, Situational and Genetic or Historical. Sutherland
used the second approach in developing the theory of criminal behavior. This theory states
that criminal behavior is learnt in a process of communication with other persons,
principally in small intimate groups. This learning includes the techniques of committing
crime. This theory states that a person will become a criminal if he or she associates more
with criminal than with anti-criminal people and ideas. The first explicit application of
differential association to females was by Ruth Morris15 in her effort to explain female
conformity. It brings out the importance of communication than biological or psychological
reasons for explaining female criminal behavior.
9
Freda Adler is the most distinguished American female criminologist. One of the greatest
contributions was the publication Sisters in crime: The rise of the new female criminal (1975) about
female delinquents and offenders.
10
Robert King Merton was an American sociologist who developed a theory of deviant
behaviour based on different types of social adaptation in his book Social Theory and Social
Structure (1949).
11
Emile Durkheim, regarded as the founder of the French school of sociology, was social scientist
who developed a vigorous methodology combining empirical research with sociological theory in
his work Les Règles de la method sociologique (1895; The Rules of Sociological Method).
12
Albert Cohen was an American criminologist and contributed sub-cultural theory of
delinquent gangs in his work Delinquent Boys: The Culture of the Gang (1955).
13
Edwin Sutherland was an American Sociologist who developed the theory of Differential
Association and authored a book Criminology (1924).
14
Differential association theory proposes that through interaction with others, individuals learn the
values, attitudes, techniques, and motives for criminal behavior. In other words, the excess of non-
legal definitions over legal definitions leads to the criminal behavior.
15
Ruth Morris was a Canadian author and legal reformer, who was one of the world‟s leading
spokespersons for prison abolition and healing justice.
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna

Control Theory: The control theory perspective suggests that every person has bad and
good qualities only because of the social environment, social values and norms around him.
This theory states that conformity is caused by control, and therefore the lack of control
causes deviance. Hirschi16 focusses on four means through which control over people is
secured by the society; being attached to conventions, commitment to conventional
institutions such as work, school etc., involvement in these same activities; and belief in the
conventional norms of behavior. It should lead to conformity.
This idea is set out as a gender-neutral idea, but it remains a male-gendered theory. It
makes criminality a less rational and available choice in the case of females than it is in the
case of males. Thus, it is not women‟s nature which makes them more conforming but
arises in the way society controls them, together with fewer opportunities.
Economic Theory: This theory being one of the oldest explanations for crime, posits that
crime is nothing but the reaction against economic injustice. Economic theorists have used
the Marxist theory to explain criminality, but again the principles and applications of this
theory have largely ignored women. Marxist feminists have used the theory and its analysis
of capitalism to explain how women enter into crime and also how they are treated by the
system. Capitalism and paternalism are combined in this analysis, both contributing to
women‟s powerlessness.
Sex-Role Theory: After the Second World War, the general line of thought regarding
masculinity and femininity divide was further developed. It was based upon the recognized
and accepted role for each sex. Maleness is seen as being masculine and femaleness is seen
as being feminine and nothing more. Criminality will arise when such division is disturbed.
This theory portray women as passive, gentle, dependent, conventional, and motherly, a
picture of women that is not different from that painted by most of biological and
psychological theorists.
It advocates two ideas: crime is symbolically about masculinity and requires good deal
of criminal-daring, toughness and aggression. The masculinity theory of offending was first
explicated by Talcott Parsons17. Parsons attributed greater delinquency to boys in
comparison to girls based on nuclear family. Parsons stated that “tendency of girls seems to
be more law-abiding than boys”.
Dale Hoffman Bustamante18 puts forward the point of reward for „conforming‟ girls and
for „deviant‟ boys. Women are taught that the only way forward is conformity. Punishment

16
Travis Hirschi was an American criminologist who argued that delinquency can be explained by
the absence of social bonds in his work Causes of Delinquency (1969).
17
Talcott Parsons was an American Sociologist who served as professor in Harvard University and
also developed Action theory for the study of society. One of his famous works includes Essays in
Sociological Theory (1949).
18
Dale Hoffman Bustamante is an American criminologist who authored an article The Nature of
Female Criminality (1973) in the journal Issues in Criminology.
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Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
regimes have been using such a distinction to try to socialize females back into accepted
feminine roles whilst leaving masculinity unaltered and merely trying to persuade men and
boys back to law-abiding behavior.
Conclusion: From time to time different theories tried to explain the cause of crime.
Although crime has been explained as behavior problem or a social problem, crime by
female is made more complicated than understood.
In India, very few studies have been conducted and thus have very little relevant
literature. Theories available are both quantitatively and qualitatively deficient and hence
accurate and non-gendered studies on women and crime are still lacking. Ram Ahuja19
undertook research and presented a new theoretical paradigm on the causation of female
crime. After his study other newer researches gradually started taking place. Looking at the
Indian scene, it can be seen that sociologists have not been much attracted towards such
criminology studies.
During the last two decades, due to a greater participation in criminal activities by
women, there is a great need to study women criminals, as the place and role of women in
Indian society has also undergone changes. There is a perception held by society and
criminal justice system that woman is still to make mark on crime scene and she is much a
victim than a perpetrator. Though crime as a general subject has been distilled since its
inception in society, the problems of female offenders and the manner in which it is
perceived, has never been in the forefront.
Although crime amongst women is seen as a dot in the whole picture, the sudden
increase in the share of female criminality witnesses the irrelevance and „misleading‟ nature
of traditional theories of crime to explain it. Theoretical criminology is unable to explain
adequately the phenomenon of women and crime, since it is sexist and focuses on the
activities, interests and values of men, while ignoring the comparable analysis of women.

References:
1) Maniyar Mridula (2004): Women Criminals and Their Life Style, 1st edition, pp. 30
- 44, pp. 186 - 207,Kaveri Books, New Delhi.
2) Nicolson Donald and Bibbings Lois (2000): Feminist Perspectives on Criminal
Law, 8th edition, pp. 1 – 15, Cavendish, London.
3) Wasik Martin (1999): Criminal Justice, Text and Materials, pp. 546 – 555,
Longman, London.
4) McLaughlin Eugene and Muncie John (2013): Criminological Perspectives:
Essential Readings, 3rd edition, pp. 195 – 205, SAGE, London.

19
Ram Ahuja is an Indian Sociologist who authored Female Offenders in India (1969).
Volume-VI, Issue-III November 2019 22
Female Criminality – Gender Constructed Criminological Explanations Sunishtha Moghe & Nupur Khanna
5) Wayne Morrison (1995): Theoretical Criminology: From Modernity to Post-
Modernism, pp. 185 – 190, Cavendish, London.
6) Mili P.M.K. and Cherian Neethu (2015): Female Criminality in India: Prevalence,
Causes and Preventive Measures, International Journal of Criminal Justice
Sciences, Volume 10 Issue 1 January – June, pp. 65 – 76.
7) Islam Mohammed, Banarjee Subrata and Khatun Nurjahan (2014): Theories of Female
Criminality: A Criminological Analysis, International Journal of Criminology and
Sociological Theory, Volume 7, No. 1, December, pp. 1 – 8.

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