The author makes a distinction between "sex," defined as a characteristic of the individual, as opposed to gender as a political and social construct. In this context, criminal justice experts claim that women as a group (or social class) have enjoyed privileged treatment under criminal law and have been prosecuted less often than men. When women ask for equality under the law, are they not, in fact, surrendering an advantage? The author denies that women have never enjoyed such an advantage. Though women are prosecuted under criminal law less often than men, they are more frequently subjected to other agencies of social control such as psychiatric treatment. In addition many women are exposed to the criminal justice system through the deprivations of being wives and family members of male offenders. 7 references