Rape

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Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or without sexual penetration of another person without that person's consent.

The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions. The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female and 9% are male, with 99% of the offenders being male.[1] In one survey of women, only two percent of respondents who stated they were sexually assaulted said that the assault was perpetrated by a stranger.[2] For men, male-male rape in prisons has been a significant problem. Several studies argue that male-male prisoner rape might be the most common and least-reported form of rape, with some studies suggesting such rapes are substantially more common in both per-capita and raw-number totals than male-female rapes in the general population.[3][4][5]

When part of a widespread and systematic practice, rape and sexual slavery are recognized as crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

Contents

Definitions

Though definitions vary, rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, by one person ("the accused" or "the perpetrator") with or against another person ("the victim") without the consent of the victim.

The term sexual assault is closely related to rape. Some jurisdictions define "rape" to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault. Other jurisdictions define all non-consensual sexual activity to be rape; but the terminology varies, with some places using other terms. For example, Michigan, United States uses the term "criminal sexual conduct".[6] In some jurisdictions, rape is defined in terms of sexual penetration of the victim, which may include penetration with objects, rather than body parts.[7] Some jurisdictions also consider rape to include the use of sexual organs of one or both of the parties, such as oral copulation and masturbation.

In recent years, women have been convicted of raping or sexually assaulting men; for example, by the use of an object or when the man is below the statutory age of consent. Also, in recent years women have also been convicted of rape or sexual assault by procuring a man to rape another woman, and by being an accomplice to a rape.

In England and Wales, male rape is recognised by the legal system as a crime.[8][9] In Scotland, rape continues to be a gender-specific crime although the Sexual Offences Bill passed by the Scottish Parliament in June 2009 (but not yet enacted or in force) will update the law so as to include male rape.[10] Currently, oral, anal and male rape do not legally constitute rape, nor is digital penetration sufficient.[11]

In Brazil, the definition of rape is even more restrictive. It is defined as non-consensual vaginal sex.[12] Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape. Instead, such an act is called a "violent attempt against someone's modesty" ("Atentado violento ao pudor").

Types

There are several types of rape, generally categorized by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape or spousal rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape.[13]

Motivation

There is no single theory that conclusively explains the motivation for rape; the motives of rapists can be multi-factorial and are subject to debate. Several factors have been proposed: anger, a desire for power, sadism, sexual gratification,[14] and evolutionary pressures.[14]

Consent

In any allegation of rape, the absence of consent to sexual intercourse on the part of the victim is critical. Consent need not be express, and may be implied from the context and from the relationship of the parties, but the absence of objection does not of itself constitute consent.

Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent. Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. Even blackmail may constitute duress. The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word consent. It defined rape as: "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."[15]

Valid consent is also lacking if the victim lacks an actual capacity to give consent, as in the case of a victim who is a child, or who has a mental impairment or developmental disability. Consent can always be withdrawn at any time, so that any further sexual activity after the withdrawal of consent constitutes rape.

The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations. (See age of consent.) Such cases are sometimes called statutory rape or "unlawful sexual intercourse", regardless of whether it was consensual or not.

In times gone by and in many countries still today marriage is said to constitute at least an implied consent to sexual intercourse. However, marriage in many countries today is no longer a defense to rape or assault. In some jurisdictions, a person cannot be found guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock).[16] However, in many of those jurisdictions it is still possible to bring prosecutions for what is effectively rape by characterizing it as an assault.[17]

Law by jurisdiction

United Kingdom

England and Wales

Rape is a statutory offence. It is created by section 1 of the Sexual Offences Act 2003.

History

Rape was an offence under the common law of England and was classified as a felony.

The death penalty for rape was provided by section 16 of the Offences against the Person Act 1828. The death penalty for rape was abolished by section 3 of the Substitution of Punishments for Death Act 1841 which substituted transportation for life. Transportation was abolished by the Penal Servitude Act 1857, which substituted penal servitude for life. These sections were replaced by section 48 of the Offences against the Person Act 1861. That section was replaced by sections 1(1) and 37 of, and paragraph 1(a) of the Second Schedule to the Sexual Offences Act 1956.

The final paragraph of section 4 of the Criminal Law Amendment Act 1885 provided that it was rape for a man to have carnal knowledge of a married woman by impersonating her husband. This provision was replaced by section 1(2) of the Sexual Offences Act 1956.

Rape ceased to be a felony on 1 January 1968 as a result of the abolition of the distinction between felony and misdemeanour by the Criminal Law Act 1967.

A statutory definition of "rape" was provided by section 1 of the Sexual Offences (Amendment) Act 1976. This essentially codified the decision in DPP v. Morgan [1976] AC 182, [1975] 2 All ER 347, HL. In R v. R [1991] 4 All ER 481, HL it was held that the word "unlawful" in that section did not exclude "marital rape". Section 1 of the Sexual Offences Act 1956 was substituted by the Criminal Justice and Public Order Act 1994, providing a new and broader definition. That section was replaced by section 1 of the Sexual Offences Act 2003, providing a still broader definition.

Attempt

Section 37 and paragraph 1(b) of the Sexual Offences Act 1956 provided that a person guilty of an attempt to commit rape was liable to imprisonment for a term not exceeding seven years. Attempted rape became a statutory offence under section 1(1) of the Criminal Attempts Act 1981. But the maximum penalty was not affected by this.[18] The maximum penalty for attempted rape was increased to imprisonment for life by sections 3(1) and (2) of the Sexual Offences Act 1985.

Northern Ireland

Rape is a statutory offence. It is created by article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769/2008 (N.I. 2)). SLD The common law offence of rape was abolished by article 1(6) of that Order.

Criminal punishment in the United States

In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, or a naval or U.S.-flagged merchant vessels in international waters. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.

Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. The term rape is not used in federal law. Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code ().

Under federal law the punishment for rape can range from a fine to the death penalty. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used in the to override consent. If the perpetrator is a repeat offender the maximum sentence is automatically doubled.

Different categorizations and maximum punishments for rape under federal law[19][20]

Description Fine Imprisonment(years) Life imprisonment
Rape using violence or the threat of violence to override consent unlimited 0 - unlimited yes
Rape by causing fear in the victim for themselves or for another person to override consent unlimited 0 - unlimited yes
Rape by giving a drug or intoxicant to a person that renders them unable to give consent unlimited 0 - 15 no
Statutory rape involving an adult perpetrator unlimited 0 - 15 no
Statutory rape involving an adult perpetrator with a previous conviction unlimited 0 - unlimited yes
Statutory rape involving a perpetrator who is a minor unlimited 0 - 15 no
When a person causes the rape by a third person unlimited 0 - 10 no
When a person causes the rape of a child under 12 by a third person unlimited 0 - unlimited 0 - 20

History

In ancient history, rape was viewed less as a type of assault on the female, than a serious property crime against the man to whom she belonged, typically the father or husband. The loss of virginity was an especially serious matter. The damage due to loss of virginity was reflected in her reduced prospects in finding a husband and in her bride price. This was especially true in the case of betrothed virgins, as the loss of chastity was perceived as severely depreciating her value to a prospective husband. In such cases, the law would void the betrothal and demand financial compensation from the rapist, payable to the woman's household, whose "goods" were "damaged".[21] Under biblical law, the rapist might be compelled to marry the unmarried woman instead of receiving the civil penalty if her father agreed. This was especially prevalent in laws where the crime of rape did not include, as a necessary element, the violation of the woman's body, thus dividing the crime in the current meaning of rape and a means for a man and woman to force their families to permit marriage. (See .)

The word rape itself originates from the Latin verb rapere: to seize or take by force. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. In Roman law, rape was classified as a form of crimen vis, "crime of assault."[22] Unlike theft or robbery, rape was termed a "public wrong" iniuria publica as opposed to a "private wrong" iniuria privita.[23] Augustus Caesar enacted reforms for the crime of rape under the assault statute Lex Iulia de vi publica, which bears his family name, Iulia. It was under this statute rather than the adultery statute of Lex Iulia de adulteriis that Rome prosecuted this crime.[24] Emperor Justinian confirmed the continued use of the statute to prosecute rape during the 6th century in the Eastern Roman Empire.[25] By late antiquity, the general term raptus had referred to abduction, elopement, robbery, or rape in its modern meaning. Confusion over the term led ecclesial commentators on the law to differentiate it into raptus seductionis (elopement without parental consent) and raptus violentiae (ravishment). Both of these forms of raptus had a civil penalty and possible excommunication for the family and village receiving the abducted woman, although raptus violentiae also incurred punishments of mutilation or death.[26]

From the classical antiquity of Greece and Rome into the Colonial period, rape along with arson, treason and murder was a capital offense. "Those committing rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular." In the 12th century, kinsmen of the victim were given the option of executing the punishment themselves. "In England in the early fourteenth century, a victim of rape might be expected to gouge out the eyes and/or sever the offender's testicles herself."[27]

The medieval theologian Thomas Aquinas argued that rape, though sinful, was much less unacceptable than masturbation or coitus interruptus, because it fulfilled the procreative function of sex, while the other acts violated the purpose of sex.[28][29][30]

During the Colonization of the Americas the rape of native women was not held to be a crime under Spanish Law as the persons in question were Pagan and not Christian.[31][32].

The English common law defined rape as "the carnal knowledge of a woman forcibly and against her will."[33] The common law defined carnal knowledge as the penetration of the female sex organ by the male sex organ (it covered all other acts under the crime of sodomy). The crime of rape was unique in the respect that it focused on the victim's state of mind and actions in addition to that of the defendant. The victim was required to prove a continued state of physical resistance, and consent was conclusively presumed when a man had intercourse with his wife. "One of the most oft-quoted passages in our jurisprudence" on the subject of rape is by Lord Chief Justice Sir Matthew Hale from the 17th century, "rape...is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent."[33] Lord Hale is also the origin of the remark, "In a rape case it is the victim, not the defendant, who is on trial." However, as noted by Sir William Blackstone in his Commentaries on the Laws of England, by 1769 the common law had recognized that even a prostitute could suffer rape if she had not consented to the act.[34]

The modern criminal justice system is widely regarded as unfair to sexual assault victims.[35] Both sexist stereotypes and common law combined to make rape a "criminal proceeding on which the victim and her behavior were tried rather than the defendant".[36] Additionally, gender neutral laws have combated the older perception that rape never occurs to men,[33] while other laws have eliminated the term altogether.[37]

Since the 1970s many changes have occurred in the perception of sexual assault due in large part to the feminist movement and its public characterization of rape as a crime of power and control rather than purely of sex. In some countries the women's liberation movement of the 1970s created the first rape crisis centers. One of the first two rape crisis centers, the D.C. Rape Crisis Center, opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim. In 1960 law enforcement cited false reporting rates at 20%. By 1973 the statistics had dropped to 15%. After 1973 the New York City Police Department used female officers to investigate sexual assault cases and the rate dropped to 2% according to the FBI. (DiCanio, 1993).

Male-male rape has historically been shrouded in secrecy due to the stigma men associate with being raped by other men. According to psychologist Dr Sarah Crome fewer than one in ten male-male rapes are reported. As a group, male rape victims reported a lack of services and support, and legal systems are often ill equipped to deal with this type of crime.[38].

Most legal codes on rape do not legislate against women raping men, as rape is generally defined to include the act of penetration on behalf of the rapist.[citation needed] In 2007 the South Africa police investigated instances of women raping young men.[39]

Rape in war

In 1998, Judge Navanethem Pillay of the International Criminal Tribunal for Rwanda said:

From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war.[40]

Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible.[41] It was common for the troops of ancient civilizations to rape the women and boys of conquered towns.

The systematic rape of as many as 80,000 women by the Japanese soldiers during the six weeks of the Nanking Massacre is an example of such atrocities.[42] During World War II an estimated 200,000 Korean and Chinese women were forced into prostitution in Japanese military brothels, as so-called "comfort women".[43] A British scholar claims, that at the end of World War II, Red Army soldiers are estimated to have raped around 2,000,000 German women and girls.[44][45] French Moroccan troops known as Goumiers committed rapes and other war crimes after the Battle of Monte Cassino. (See Marocchinate.)[46]

It has been alleged that an estimated 200,000 women were raped during the Bangladesh Liberation War by the Pakistani army[47] (though this has been disputed by many including the Indian academic Sarmila Bose [12]), and that at least 20,000 Bosnian Muslim women were raped by Serb forces during the Bosnian War.[48] Wartime propaganda often alleges, and exaggerates, mistreatment of the civilian population by enemy forces and allegations of rape figure prominently in this. As a result, it is often very difficult, both practically and politically, to assemble an accurate view of what really happened.

Commenting on rape of women and children in recent African conflict zones Unicef said that rape was no longer just perpetrated by combatants but also by civilians. According to Unicef rape is common in countries affected by wars and natural disasters, drawing a link between the occurrence of sexual violence with the significant uprooting of a society and the crumbling of social norms. Unicef states that in Kenya reported cases of sexual violence doubled within days of post-election conflicts. According to Unicef rape was prevalent in conflict zones in Sudan, Chad and the Democratic Republic of Congo.[49] It is estimated that more than 200,000 females living in the Democratic Republic of the Congo today have been raped in recent conflicts.[50][51][52]

In 1998, the International Criminal Tribunal for Rwanda found that systematic rape was used in the Rwandan genocide. The Tribunal held that "sexual assault [in Rwanda] formed an integral part of the process of destroying the Tutsi ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide."[53] An estimated 500,000 women were raped during the 1994 Rwandan Genocide.[54]

The Rome Statute, which defines the jurisdiction of the International Criminal Court, recognizes rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, "or any other form of sexual violence of comparable gravity" as crime against humanity if the action is part of a widespread or systematic practice.[55][56]

Rape was first recognized as crime against humanity when the International Criminal Tribunal for the former Yugoslavia issued arrest warrants based on the Geneva Conventions and Violations of the Laws or Customs of War. Specifically, it was recognised that Muslim women in Foca (southeastern Bosnia and Herzegovina) were subjected to systematic and widespread gang rape, torture and enslavement by Bosnian Serb soldiers, policemen and members of paramilitary groups after the takeover of the city in April 1992.[57]

The indictment was of major legal significance and was the first time that sexual assaults were investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity.[57] The indictment was confirmed by a 2001 verdict of the International Criminal Tribunal for the former Yugoslavia that rape and sexual enslavement are crimes against humanity. Amnesty International stated that the ruling challenged the widespread acceptance of the torture of women as an intrinsic part of war.[58]

Statistics

A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.[59]

According to United States Department of Justice document Criminal Victimization in the United States, there were overall 191,670 victims of rape or sexual assault reported in 2005.[60] Only 16% of rapes and sexual assaults are reported to the police (Rape in America: A Report to the Nation. 1992).[61] 1 of 6 U.S. women has experienced an attempted or completed rape.[62]

According to a news report on BBC One presented in 12 November 2007, there were 85,000 women raped in the UK in the previous year, equating to about 230 cases every day. According to that report one of every 200 women in the UK was raped in 2006. The report also showed that only 800 persons were convicted in rape crimes that same year.[63][64]

Some types of rape are excluded from official reports altogether, (the FBI's definition for example excludes all rapes except forcible rapes of females), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police do not advance to prosecution.[65]

U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male, with 99% of the offenders being male.[1] Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."[66]

In the United States, according to the National Crime Victimization Survey, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 to about 0.4 per 1000 people, a decline of about 85%.[67] But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a higher victimization rate.[68]

From 2000-2005, 59% of rapes were not reported to law enforcement.[69][70] One factor relating to this is misconception that most rapes are committed by strangers.[71] In reality, according to the Bureau of Justice Statistics, 38% of victims were raped by a friend or acquaintance, 28% by "an intimate" and 7% by another relative, and 26% were committed by a stranger to the victim. About four out of ten sexual assaults take place at the victim's own home.[72]

More than 67,000 cases of rape and sexual assaults against children were reported in 2000 in South Africa. Child welfare groups believe that the number of unreported incidents could be up to 10 times that number. A belief common to South Africa holds that sexual intercourse with a virgin will cure a man of HIV or AIDS. South Africa has the highest number of HIV-positive citizens in the world. According to official figures, one in eight South Africans are infected with the virus. Edith Kriel, a social worker who helps child victims in the Eastern Cape, said: “Child abusers are often relatives of their victims - even their fathers and providers.”[73]

According to University of Durban-Westville anthropology lecturer and researcher Suzanne Leclerc-Madlala, the myth that sex with a virgin is a cure for AIDS is not confined to South Africa. “Fellow AIDS researchers in Zambia, Zimbabwe and Nigeria have told me that the myth also exists in these countries and that it is being blamed for the high rate of sexual abuse against young children.”[74]

False accusation

The extents of false reporting and false accusations are disputed. A.W. Burgess and R.R. Hazelwood state that "little is published which addresses the issue and concept of false allegation", asserting that classification of "false reporting" generally makes no distinction between complainants who wilfully misreport and complainants who mistakenly identify innocent people.[75] The journalist Dick Haws discusses cases in which figures on false reporting used by journalists have ranged from 2% to 50% depending on their sources:

"... one explanation for such a wide range in the statistics might simply be that they come from different studies of different populations... But there's also a strong political tilt to the debate. A low number would undercut a belief about rape as being as old as the story of Joseph and Potiphar's wife: that some women, out of shame or vengeance ... claim that their consensual encounters or rebuffed advances were rapes. If the number is high, on the other hand, advocates for women who have been raped worry it may also taint the credibility of the genuine victims of sexual assault."[76]

Global situation

Democratic Republic of the Congo

In eastern Congo, the prevalence and intensity of rape and other sexual violence is described as the worst in the world.[77]It is estimated that there are as many as 200,000 surviving rape victims living in the Democratic Republic of the Congo today.[78][79] War rape in the Democratic Republic of Congo has frequently been described as a "weapon of war" by commentators. Louise Nzigire, a local social worker, states that “this violence was designed to exterminate the population.” Nzigire observes that rape has been a "cheap, simple weapon for all parties in the war, more easily obtainable than bullets or bombs."

South Africa rape statistics

It is estimated that a woman born in South Africa has a greater chance of being raped than learning how to read. [80] One in three of the 4,000 women questioned by the Community of Information, Empowerment and Transparency said they had been raped in the past year. [81]

South Africa has some of the highest incidences of child and baby rape in the world.[82] In a related survey conducted among 1,500 schoolchildren in the Soweto township, a quarter of all the boys interviewed said that 'jackrolling', a term for gang rape, was fun.[81]

US rape statistics

Rape by a stranger is by far the least common form of rape.[2]

Rape of women by men, by perpetrator[2]

Perpetrator Frequency
Steady dating partner 21.6%
Casual friend 16.5%
Ex-boyfriend 12.2%
Acquaintance 10.8%
Close friend 10.1%
Casual date 10.1%
Husband 7.2%
Stranger 2%

Drug use, especially alcohol, is frequently involved in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking were 29% of all rapes.[2]

Contrary to widespread belief, rape outdoors is rare. Over two thirds of all rapes occur in someone's home. 30.9% occur in the perpetrators' homes, 26.6% in the victims' homes and 10.1% in homes shared by the victim and perpetrator. 7.2% occur at parties, 7.2% in vehicles, 3.6% outdoors and 2.2% in bars.[2]

Most rape research and reporting to date has been limited to male-female forms of rape. Research on male-male and female-male is beginning to be done. However, almost no research has been done on female-female rape, though women can be charged with rape.

Effects on victims

Victims of rape can be severely traumatized by the assault and may have difficulty functioning as well as they had been used to prior to the assault, with disruption of concentration, sleeping patterns and eating habits, for example. They may feel jumpy or be on edge. After being raped it is common for the victim to experience Acute Stress Disorder, including symptoms similar to those of posttraumatic stress disorder, such as intense, sometimes unpredictable, emotions, and they may find it hard to deal with their memories of the event.[83][84] In the months immediately following the assault these problems may be severe and very upsetting and may prevent the victim from revealing their ordeal to friends or family, or seeking police or medical assistance. Additional symptoms of Acute Stress Disorder include:[84]

  • depersonalization or dissociation (feeling numb and detached, like being in a daze or a dream, or feeling that the world is strange and unreal)
  • difficulty remembering important parts of the assault
  • reliving the assault through repeated thoughts, memories, or nightmares
  • avoidance of things, places, thoughts, and/or feelings that remind the victim of the assault
  • anxiety or increased arousal (difficulty sleeping, concentrating, etc.)
  • avoidance of social life or place of rape

For one-third to one-half of the victims, these symptoms continue beyond the first few months and meet the conditions for the diagnosis of posttraumatic stress disorder.[83][85][86] (See also Significant Emotional Event.) In general, rape and sexual assault are among the most common causes of PTSD in women.[85]

Victim blame

"Victim blaming" is holding the victim of a crime to be in whole or in part responsible for the crime. In the context of rape, this concept refers to the Just World Theory and popular attitudes that certain victim behaviours (such as flirting, or wearing sexually-provocative clothing) may encourage rape.[87] In extreme cases, victims are said to have "asked for it", simply by not behaving demurely. In most Western countries, the defense of provocation is not accepted as a mitigation for rape.[88] A global survey of attitudes toward sexual violence by the Global Forum for Health Research shows that victim-blaming concepts are at least partially accepted in many countries. In some countries, victim-blaming is more common, and women who have been raped are sometimes deemed to have behaved improperly. Often, these are countries where there is a significant social divide between the freedoms and status afforded to men and women.[89] Amy M. Buddie & Arthur G. Miller in a review of studies of "rape myths" note that,

Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed.

However they also note that "individuals may endorse rape myths and at the same time recognize the negative effects of rape."[90]

Prevention and education efforts

As sexual violence affects all parts of society, the response to sexual violence is comprehensive. The responses can be categorized as: individual approaches, health care responses, community-based efforts and actions to prevent other forms of sexual violence.

Sociobiological perspectives

It is argued that rape, as a reproductive strategy, is encountered in many instances in the animal kingdom (i.e: ducks, geese, and certain dolphin species).[91][92] It is difficult to determine what constitutes rape among animals, as the lack of informed consent defines rape among humans. See also Non-human animal sexuality.

Sociobiologists Thornhill and Palmer argue that the ability to understand rape, and thereby prevent it, is severely compromised because its basis in human evolution has been ignored.[93] Studies by these sociobiologists indicate that it is an evolutionary strategy for certain males who lack the ability to persuade the female by non-violent means to pass on their genes.[94]

American social critic Camille Paglia has argued that a victim-blaming intuition may have a non-psychological component in some cases. She states that sociobiological models suggest that it may be genetically-ingrained for certain men and women to allow themselves to be more vulnerable to rape, and that this may be a biological feature of members of the species.[14]

See also

  • Emergency contraception (also known as the "morning after pill")
  • Extremities, a play (and later film with Farrah Fawcett) in which a would-be rape victim & her roommates debate, given the complexities of the judicial system, reporting the attack
  • National Clearinghouse on Marital and Date Rape (defunct)
  • Northern Virginia Sun (newspaper that published the names of rape victims)
  • Rape shield law (shields rape victims from scrutiny)
  • V-Day (international)

External links

Notes

  1. 1.0 1.1 UCSC Rape Prevention Education: Rape Statistics. www2.ucsc.edu. Retrieved on 2008-01-01. The study was conducted in Detroit, USA.
  2. 2.0 2.1 2.2 2.3 2.4 Abbey, A., BeShears, R., Clinton-Sherrod, A. M., & McAuslan, P. (2004). Psychology of Women Quarterly, 28, 323-332."Similarities and differences in women's sexual assault experiences based on tactics used by the perpetrator". Accessed 10 December 2007.
  3. Human Rights WatchNo Escape: Male Rape In U.S. Prisons. Part VII. Anomaly or Epidemic: The Incidence of Prisoner-on-Prisoner Rape.; estimates that 100,000-140,000 violent male-male rapes occur in U.S. prisons annually; compare with FBI statistics that estimate 90,000 violent male-female rapes occur annually.[www.fbi.gov/ucr/cius2007/offenses/violent_crime/forcible_rape.html
  4. Robert W. Dumond, "Ignominious Victims: Effective Treatment of Male Sexual Assault in Prison," August 15, 1995, p. 2; states that "evidence suggests that [male-male sexual assault in prison] may a staggering problem"). Quoted in Mariner, Joanne. 2001. "No Escape: Male Rape In U.S. Prisons. ISBN 1564322580
  5. Struckman-Johnson, Cindy and David Struckman Johnson. 2006. A Comparison of Sexual Coercion Experiences Reported by Men and Women in Prison. Journal of Interpersonal Violence, Vol. 21, No. 12, 1591-1615 (2006)DOI: 10.1177/0886260506294240; reports that "Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape."
  6. http://www.msu.edu/~sdclub/resources/criminal%20code.doc
  7. Definitions
  8. http://news.bbc.co.uk/onthisday/hi/dates/stories/june/9/newsid_2500000/2500803.stm
  9. http://news.bbc.co.uk/1/hi/england/essex/8021561.stm
  10. MSPs pass major sex crime reforms BBC News 10 June 2009
  11. [www.scottish.parliament.uk/business/research/pdf_res_notes/rn01-46.pdf The Legal Definition of Rape] January 23, 2008
  12. Brazilian Penal Code.
  13. http://www.soc.ucsb.edu/sexinfo/article/rape UCSB's SexInfo
  14. 14.0 14.1 14.2 Paglia, C., Sexual Personae: Art and Decadence From Nefertiti to Emily Dickinson (Yale University Press, 1990).
  15. Fourth Annual Report of ICTR to the General Assembly (1999) March 23, 2007
  16. See for example in the British Virgin Islands under the Criminal Code, 1997
  17. Under the English common law, marriage has not been a defense to rape since 1991, see R v. R [1992] 1 A.C. 599.[1]
  18. The Criminal Attempts Act 1981, section 4(5)(a)
  19. United States Code
  20. Harvard university US Rape Law
  21. Hammurabi's Code #156 & [2]
  22. See Justinian, Institutiones[3], see also Adolf Berger, Encyclopedic Dictionary on Roman Law, pp. 667 (raptus) and 768 (vis)[4]
  23. Ibid, see also, George Mousourakis, The Historical and Institutional Context of Roman Law p. 30 [5]
  24. see James Fitzjames Stephen, A History of the Criminal Law of England, p. 17 [6]
  25. See Justinian, Institutiones[7]
  26. Basil of Caesarea, Letters circa 374 AD[8]
  27. "The Medieval Blood Sanction and the Divine Beneficene of Pain: 1100 - 1450", Trisha Olson, Journal of Law and Religion, 22 JLREL 63 (2006)
  28. Alan Soble, Sexual Investigations, NYU Press, 1998, p.10-11.
  29. Vern L. Bullough, Bonnie Bullough, Human Sexuality: An Encyclopedia
  30. Daphne Hampson, After Christianity
  31. Discover Haiti: Haiti History - The Conquistadors -Spanish Conquest
  32. Columbus Day - As Rape Rules Africa and American Churches Embrace Violent ‘Christian’ Video Games - CommonDreams.org
  33. 33.0 33.1 33.2 Rape - Overview; Act and Mental State, Wayne R. LaFave Professor of Law, University of Illinois, "Substantive Criminal Law" 752-756 (3d ed. 2000)
  34. 'Maryland v. Baby', 946 A.2d 463 (Md. 2007).
  35. (Macdonalds, 2001)
  36. (Howard & Francis, 2000)
  37. see for example, Michigan Statutes for the first degree felony, section 520b, "(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration of another person.", or in the UK, Section 1 of the Sexual Offences Act 2003 "1. A person (A) commits an offence if - (a) he intentionally penetrates the vagina, anus or mouth of another person..." - although it should be noted that in this case women are still not capable of committing rape.
  38. Male rape victims left to suffer in silence. abc.net.au (February 9, 2001). Retrieved on 2007-05-30.
  39. Women now ‘raping’ men. Sowetan. Retrieved on 2007-05-30.
  40. Navanethem Pillay is quoted by Professor Paul Walters in his presentation of her honorary doctorate of law, Rhodes University, April 2005 [9]
  41. Nowell, Irene [1997] (1997). Women in the Old Testament. Liturgical Press, 69. ISBN 0814624111. 
  42. Chinese city remembers Japanese 'Rape of Nanjing'
  43. Comfort Women Were 'Raped': U.S. Ambassador to Japan
  44. 'They raped every German female from eight to 80'. guardian.co.uk. Retrieved on 2008-01-01.
  45. Red Army troops raped even Russian women as they freed them from camps - Telegraph. www.telegraph.co.uk. Retrieved on 2008-01-01.
  46. Italian women win cash for wartime rapes
  47. How did rape become a weapon of war?
  48. Bosnian kids born of war rape asking questions
  49. Africa war zones’ ‘rape epidemic’. BBC News (February 2008).
  50. Kira Cochrane talks to filmmaker Lisa F Jackson on her documentary about rape in the Congo
  51. A Conversation with Eve Ensler: Femicide in the Congo
  52. http://www.hbo.com/docs/programs/thegreatestsilence/
  53. Fourth Annual Report of the International Criminal Tribunal for Rwanda to the General Assembly (September, 1999), accessed at [10].
  54. Violence Against Women: Worldwide Statistics.
  55. As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360
  56. untreaty.un.org/cod/icc/statute/romefra.htm.
  57. 57.0 57.1 www.haverford.edu/relg/sells/rape.html.
  58. asiapacific.amnesty.org/library/Index/ENGEUR630042001?open&of=ENG-BIH.
  59. The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (2001 - 2002) - Table 02.08 Total recorded rapes
  60. United States Department of Justice document, (table 26)
  61. Sexual Assault Statistics
  62. Colorado Coalition Against Sexual Assault: Statistics
  63. article by the home editor of the BBC (Mark Easton)
  64. Homicides, Firearm Offences and Intimate Violence 2006/07
  65. Dick Haws, "The Elusive Numbers on False Rape," Columbian Journalism Review (November/December 1997).[11]
  66. Myriam S. Denov, Perspectives on Female Sex Offending: A Culture of Denial (Ashgate Publishing 2004) - ISBN.
  67. Anthony D'Amato. Porn Up, Rape Down. Northwestern Public Law Research Paper No.
  68. Bonnie S. Fisher, Francis T. Cullen, Michael G. Turner. Sexual Victimization of College Women
  69. Statistics. www.rainn.org. Retrieved on 2008-01-01.
  70. Tjaden P, Thoennes N. Extent, nature, and consequences of intimate partner violence: findings from the National Violence Against Women Survey. Washington (DC): Department of Justice (US); 2000. Publication No.: NCJ 181867. Available from: URL: www.ojp.usdoj.gov/nij/pubs-sum/ 181867.htm.
  71. http://www.ncjrs.gov/pdffiles1/nij/210346.pdf
  72. Bureau of Justice Statistics Home page
  73. South African men rape babies as 'cure' for Aids
  74. Child rape: A taboo within the AIDS taboo
  75. Hazelwood, R. R., & Burgess, A. W. (2001). Practical aspects of rape investigation: a multidisciplinary approach. CRC series in practical aspects of criminal and forensic investigations. CRC Press. ISBN 0849300762 - p.178
  76. The Elusive Numbers on False Rape November/December 1997
  77. Prevalence of Rape in E.Congo Described as Worst in World
  78. Kira Cochrane talks to filmmaker Lisa F Jackson on her documentary about rape in the Congo
  79. A Conversation with Eve Ensler: Femicide in the Congo
  80. Rape- silent war on SA women
  81. 81.0 81.1 South Africa’s rape shock
  82. Oprah scandal rocks South Africa
  83. 83.0 83.1 Richard A. Bryant, Ph.D., Tanya Sackville, M.Psych., Suzanne T. Dang, M.Psych., Michelle Moulds, M.Psych., and Rachel Guthrie, M.Psych. (Nov 1999). "Treating Acute Stress Disorder: An Evaluation of Cognitive Behavior Therapy and Supportive Counseling Techniques". Am J Psychiatry 156:1780-1786, November 1999 (11): 1780. American Psychiatric Association. PMID 10553743.
  84. 84.0 84.1 Acute Stress Disorder. Diagnosis Dictionary. Psychology Today.
  85. 85.0 85.1 Dean G. Kilpatrick, PhD, Ananda B. Amstadter, MS, Heidi S. Resnick, PhD, and Kenneth J. Ruggiero, PhD (June 1, 2007). "Rape-Related PTSD: Issues and Interventions". Psychiatric Times. Vol. 24 No. 7.
  86. Barlow, David H. (2001). Clinical Handbook of Psychological Disorders: A Step-by-Step Treatment Manual. Guilford Press, 62. ISBN 1572306114. 
  87. Pauwels, B. (2002). "Blaming the victim of rape: The culpable control model perspective." Dissertation Abstracts International: Section B: The Sciences and Engineering, 63(5-B).
  88. Abrahms, D., Viky, G., Masser, B., & Gerd, B. (2003). Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity. Journal-of-Personality-and-Social-Psychology, 84(1), 111-125.,
  89. globalforumhealth.org
  90. Amy M. Buddie & Arthur G. Miller (2001) Beyond Rape Myths: A more complex view of perceptions of rape victims Sex Roles: A Journal of Research, August 2001. Accessed 10 December 2007.
  91. Gowaty, P.A. & Buschhaus, N., "Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis," American Zoologist (1997).
  92. Gowaty, P.A. & Buschhaus, N., supra.
  93. Thornhill, R., & Palmer, C.T., A Natural History of Rape: Biological Bases of Sexual Coercion (MIT Press, 2001).
  94. Thornhill, R., & Thornhill, N.W., "Human rape: an evolutionary analysis," Ethology and Sociobiology (1983).

Further reading

  • Smith, Merril D. (2004). Encyclopedia of rape. Westport, Conn: Greenwood Press. ISBN 0-313-32687-8. 
  • King, Michael B.; Mezey, Gillian C. (2000). Male victims of sexual assault. Oxford [Oxfordshire]: Oxford University Press. ISBN 0-19-262932-8. 
  • Marnie E., PHD. Rice; Lalumiere, Martin L.; Vernon L., PHD. Quinsey (2005). The Causes Of Rape: Understanding Individual Differences In Male Propensity For Sexual Aggression (The Law and Public Policy.). American Psychological Association (APA). ISBN 1-59147-186-9. 
  • Palmer, Craig; Thornhill, Randy (2000). A natural history of rape biological bases of sexual coercion. Cambridge, Mass: MIT Press. ISBN 0-585-08200-6. 
  • Denov, Myriam S. (2004). Perspectives on female sex offending: a culture of denial. Aldershot, Hants, England: Ashgate. ISBN 0-7546-3565-1. 
  • Bergen, Raquel Kennedy (1996). Wife rape: understanding the response of survivors and service providers. Thousand Oaks: Sage Publications. ISBN 0-8039-7240-7. 
  • Groth, Nicholas A. (1979). Men Who Rape: The Psychology of the Offender. New York, NY: Plenum Press, 227. ISBN 0-738-20624-5. 
  • Shapcott, David (1988). 'The Face of the Rapist. Auckland, NZ: Penguin Books, 234. ISBN 0-14009-335-4. 
  • Lee, Ellis (1989). Theories of Rape: Inquiries Into the Causes of Rape. Taylor & Francis, 185. ISBN 0-89116-172-4. 
  • McKibbin, W.F., Shackelford, T.K., Goetz, A.T., & Starratt, V.G. (2008). Why do men rape? An evolutionary psychological perspective. Review of General Psychology, 12, 86-97. Full text

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