The Female Offender and Psychiatric Referral: The Medicalisation of Female Deviance
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Med Law (1986) 5:339-348 Medicine
and Law
D Springer-Velag 196
Criminology
The Female Offender and Psychiatric Referral:
The Medicalisation of Female Deviance?
Liz Offen
Institute of Criminology, University of Cape Town, Private Bag, Rondebosch 7700,
South Africa
Abstract. Female deviance has always elicited a different response than the
equivalent behaviour in men. This study is concerned with the nature of that
response and with the process of court psychiatric referrals as related to women.
Relevant data were retrieved by means of a predesigned questionnaire from
the files of a sample of female accused who were referred to the forensic unit
of Valkenberg hospital, Cape Town. Analysis showed that the majority of
women referred were not considered mentally ill in terms of the relevant act.
One of the main questions then arising concerned the reason for their initial
referral to hospital. Other factors highlighted in the findings related to various
differences between the two racial groups examined and pointed to certain
ambiguities in the legal process of referral.
This study is concerned with females referred from the criminal courts to Valken-
berg forensic unit in Cape Town for psychiatric assessment. It highlights two main
themes: the first concerns the process of court psychiatric referrals and the second
explores the tendency for female deviance to be seen within a pathological
framework.
Introduction
The law pertaining to an accused's mental state in South Africa has always been
concerned with the capacity to understand court proceedings, and criminal
responsibility [1]. The present act clearly distinguishes between triability, respon-
sibility and certifiability. Section 77 deals with the capacity of the accused to
understand court proceedings and explains the procedure necessary for establishing
this. Section 78 deals with mental illness and criminal responsibility, and section 79
provides for a panel to enquire and report under the two previous sections. Where
capital offences are concerned, a panel is set up which comprises the medical](ViewImageLocal?handle=hein.journals/mlv5&div=35&collection=&method=preview&ext=.png&size=3)
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The Female Offender and Psychiatric Referral: The Medicalisation of Female Deviance
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