Rape

   

For the domesticated crop plant called "rape," see rapeseed.
For responding to rape as a medical emergency, see sexual assault.
For the former administrative division of Sussex, see Rape (district).

Rape is a crime of engaging another person into sexual activity without consent of the person. It is regarded by many as one of the most grievous crimes, surpassed only by murder and treason. The dictionary definition of the word rape includes any serious and destructive assault against a person or people, but in contemporary English the term is overwhelmingly associated with sexual assault.

Definition

The original definition of rape was not necessarily sexual. Before it was considered a sexual act it was "An act or instance of robbing or despoiling or carrying away a person by force," as in Vikings of old would rape and pillage towns and villages by taking some of the women and children away with their treasure. This is the sense in which the word is used in, for instance, Alexander Pope's The Rape of the Lock; however, this sense is archaic and in modern speech the word is understood to denote sexual violation.

At common law in the United States, rape was defined as the felony of sexual intercourse with a woman by a man who was not her husband, without the woman's consent. Today, criminal law often recognizes the offense may include acts other than intercourse, and the marriage exception no longer applies. Some jurisdictions no longer use the term "rape", employing broader categories of sexual assault or sexual battery. Some define rape as sexual assault with penetration. Rape can also refer to sexual acts with a consenting person that the law defines as incapable of rendering effective consent, including those under an specified age; this is often called statutory rape.

Colloquially, the term date rape or acquaintance rape refers to rape that occurs between individuals who are dating or are acquaintances. Hypnotic (sleep-inducing) so-called date rape drugs such as flunitrazepam or GHB have also been used by rapists to render their victims unconscious before raping them. In the United States, the Uniform Crime Reports use forcible rape to refer only to rapes against females, by males; however other jurisdictions can define rape to include sexual assaults on, and by, members of either sex. Laws can vary greatly by jurisdictions. Distinctions include age of consent, extent of sexual conduct required, when consent is effective and when it may be revoked, and whether evidence of a victim's sexual proclivity may be admitted at trial.

Despite these differences, the law regards rape as one of the most heinous of crimes. As one Supreme Court opinion described it,

"By its very nature, rape displays a 'total contempt for the personal integrity and autonomy' of the victim; '[s]hort of homicide, [it is] the "ultimate violation of self".'
Coker v. Georgia (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=433&page=584) 433 U.S. 584, 597, 603 (1977) [53 L.Ed.2d 982, 996, 97 S.Ct. 2861] (plur. opn. of White, J.; conc. and dis. opn. of Powell, J.).)

The Supreme Court of California had this to say on a case involving a woman who was raped by a police officer:

"Along with other forms of sexual assault, it belongs to that class of indignities against the person that cannot ever be fully righted, and that diminishes all humanity."
Mary M. v. City of Los Angeles (http://login.findlaw.com/scripts/callaw?dest=ca/cal3d/54/202.html) 54 Cal.3d 202,222 (1991) [285 Cal.Rptr. 99; 814 P.2d 1341]

International laws vary as well. Under the British Sexual Offences Act 2003, which came into force in April 2004, rape was redefined from non-consensual vaginal or anal intercourse and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable by a maximum sentence of life imprisonment. Although a woman who forces a man to have sex cannot be prosecuted for rape under British law, she can be prosecuted for causing a person to engage in sexual activity without consent, a crime which also carries a maximum life sentence if it involves penetration of a mouth, anus or vagina. The statute also includes a new sexual crime called "assault by penetration" which also has the same punishment as rape and is committed when someone sexually pentrates the anus or vagina with a part of his or her body, or anything else, without that person's consent.

Rapist profiles

Four types of rapists have been identified, based on their motivations and behavior patterns. These categories were first described by Dr. A. Nicholas Groth, author of Men Who Rape: The Psychology of the Offender. United States federal and state law enforcement use these categories to prevent rapes and catch rapists.

  • The power-assertive rapist: This is arguably the most common type of rapist and responsible for most date rapes. This individual tends to be athletic and macho and usually meets his victims in places like bars, though he can also con his way into a victim's home by posing as a police officer or repairman. He is physically aggressive enough to control his victim but does not intend to kill. He likes to degrade and traumatize his victims. His motive is opportunity based, meaning he does not specifically single out victims. This person usually has average or above average intelligence and usually has the presence of mind to avoid leaving evidence and does not take trophies. This type statistically accounts for approximately 40 percent of all rapes.
  • The power-reassurance rapist: This individual lacks the social skills to develop relationships with women. He is not athletic or aggressive. Unlike the type mentioned above, this type actually does select and stalk his victim. Usually his victim lives or works within the same area he lives or works. He may try to engage in a fantasy by forcing his victim to emulate foreplay. He usually does not leave evidence but he may take trophies of his "conquests" and may even record them in a diary. This person usually has normal intelligence. It is often found that this individual has conscious doubts of his masculinity. This is the least violent type of rapist and does not intend to injure or kill his victim. Law officers sometimes call him the "gentleman rapist". He has a complex fantasy of a consensual relationship with a woman. This type statistically accounts for approximately 27.5 percent of all rapes.
  • Anger-retaliatory rapist: This individual is often a substance abuser and is characterized by impulsive behavior and an explosive temper. Like the power-assertive type his motive is based on opportunity and he does not typically single out specific victims. This individual feels animosity toward women in general and his attack is typically spontaneous and brutal. Though, this attacker does not aim to kill his victim, he may beat the victim to death should she resist or fail to escape. This rapist is one of the most likely to leave evidence at the scene of the crime, and typically has below average intelligence. This type statistically accounts for approximately 28 percent of all rapes.
  • The anger-excitation rapist: This is the most dangerous and elusive type of rapist. He is usually charming and intelligent, capable of planning the abduction and concealment of his victims. His motive may be selective or opportunity based. Once he has control of a victim, it is very unlikely that she will escape with her life. He is sadistic and after days of torture he may kill his victim to prevent the woman from identifying him, or for his sexual gratification. This type accounts for approximately 4.5 percent of all rapes.

Punishment

Rape is considered a loathsome crime in most cultures, and is sometimes severely punished by the law. Castration and so-called chemical castration have been used as a punishment for habitual offenders in some countries. In some countries, rape is punished by death—sometimes by stoning. Social attitudes toward rape and appropriate punishment are a subject of serious ongoing debate in some Western cultures. In the West the crime is usually punished by long-term imprisonment, with life imprisonment often being the maximum punishment. Rape was punishable by death in many US states at the beginning of the 20th century.

According to RAINN statistics, only about 6% of rapists—roughly 1 out of 16—will ever be convicted and spend time in jail.

In some cultures, rape is used as a form of punishment. See, for instance, the case of Mukhtaran Bibi.

Effects

As a form of violent assault, rape can be very serious, and many sexual assaults end with the death of the victim. Rape can also result in serious physical injury, as well as in pregnancy, and the contraction of sexually transmitted diseases. The most common effects of rape on victims are psychological. In the past, survivors of rape and sexual assault were often diagnosed with Rape Trauma Syndrome (RTS), then considered an psychological disorder. RTS is no longer considered a diagnosis, but rather a set of normal psychological and physiological reactions that a survivor is likely to experience. These include, but are not limited to, feelings of guilt and shame, tension, anger, eating disturbances, and sometimes depression. The reactions are very similar to those that would be experienced by a survivor of any other traumatizing experience. The psychological trauma is cited as one of the reasons that rape is usually not reported to the authorities.

In Western countries, rape is considered a medical emergency. Medical and law enforcement professionals strongly recommend that a victim call for help to report this criminal act and medical emergency. It is important that a victim seek medical attention as soon as possible both for prompt treatment for possibly life threatening injuries and disease, and to preserve evidence. Preferably victims should not bathe or clean themselves before the exam not only to prevent the loss of physical evidence but to also not delay medical attention. Physical injuries such as gynecologic, rectal or internal hemorrhage may have resulted. Additionally, emergency contraception and preventative treatment against sexually transmitted diseases may be required, in particular prophilactic treatments to prevent HIV infection. Emergency medical technicians, emergency room nurses and doctors are trained in how to help rape victims. In many communities emergency rooms have rape kits which are used to collect evidence. Even if a victim thinks he or she will not participate in a criminal prosecution collection of evidence immediately after the rape preserves options for the victim.

Because of the sexual nature of rape crimes, victims often suffer serious psychological trauma. This is especially true in societies with strong sexual customs and taboos. For example, a woman (and especially a virgin) who is raped may be deemed "damaged" by society: She may suffer isolation, may be prohibited to marry, be divorced if she was married or even killed. She may also feel "dirty" or as if the crime was her fault.

The process to denounce and eventually convict an offender is often hindered by similar psychological effects. Victims frequently feel shame when describing what has happened (especially if a female victim must report the incident to a male law officer). Also, the intimate questions and medical examinations required for prosecution can make the victim uncomfortable. In societies that do not accord equal civil rights to women and men, this process is even more difficult for female victims.

Warning signs

It is very difficult to predict who may or may not be a potential rapist. Considering rapists have many personality types and use many different methods, it might seem impossible. However, there are certain behavioral characteristics that rapists usually embody when their behavior is scrutinized. These same characteristics are found in most criminals and people with abusive personalities.

  1. Extreme emotional insensitivity and egotism.
  2. Habitual degradation and verbal devaluation of others.
  3. Tries to tell others what they are feeling and thinking as though it is his decision and not theirs. "She said no, but she meant yes".
  4. Consistently uses intimidation in language or threatening behavior to get his way. Uses words like "bitch" and "whore" to describe women.
  5. Excessive, chronic, or brooding anger.
  6. Becomes obsessed with the object of his romantic affections long after his advances have been rejected.
  7. Extreme mood swings.
  8. Violent outbursts; lack of impulse control.
  9. Macho mentality; aggressive and violent.
  10. Under the influence of alcohol or drugs, cruel behavior is seen.

One "warning sign" is noteworthy not because it has ever been demonstrated to be an accurate indicator of a propensity to rape, but because it has been and is so widely assumed to be such a warning sign. This is the presence of sexual fantasies about rape; many people assume that those who are aroused by rape fantasies must be more likely than others to commit the actual act. This does not correspond with observed scientific evidence, however; while rapists usually fantasize about rape, so do many normal and psychologically healthy people. In fact, many law enforcement officials regard an inability to use sexual fantasies for gratification as a more alarming warning sign than the presence of sexual fantasies of rape or sadism. Finally, the assumption that anyone who fantasizes about committing rape is likely to commit it in real life ignores the fact that millions of normal people, men and women, fantasize about being raped without wanting it to happen in reality.

Underreporting

In 2001, only 39% of rapes and sexual assaults in the United States were reported to law enforcement officials—about one in every three, according to the 1999 National Crime Victimization Survey. The most common reasons given by victims for not reporting rapes are the belief that it is a private or personal matter and that they fear reprisal from the assailant. Fisher (http://www.vaw.umn.edu/documents/college/college.txt) "... found that many women do not characterize their sexual victimizations as a crime for a number of reasons (such as embarrassment, not clearly understanding the legal definition of rape, or not wanting to define someone they know who victimized them as a rapist) or because they blame themselves for their sexual assault."

Rape-related advocacy groups have suggested several tactics to increase reporting of sexual assaults, most aimed at lessening the psychological trauma often suffered by rape victims following their assault. Many police departments now assign female police officers to deal with rape cases. Advocacy groups also argue for preservation of the victim's privacy during the legal process; it is standard practice among mainstream American news media outlets to not divulge the names of alleged rape victims in news reports.

Some groups also operate hotlines to offer advice and psychological first aid. In the US, one of the most prominent hotlines for rape victims is operated by the organizaton RAINN, or The Rape, Abuse and Incest National Network. RAINN is the only completely toll-free, completely-confidential 24-hour hotline in America. Their telephone number is 1-800-656-HOPE.

Overreporting and false reporting

Figures vary wildly on the issue of false reporting. Serious estimates of the prevalence of false reporting range from as low as 2% and as high as 60%, and figures as high and as low as 0% and 100% are actually commonly stated. There is even widespread disagreement on what the published FBI statistics of false reporting of rape are, though this is a matter of public record: lawyer Alan Dershowitz has claimed that the FBI statistics show rape to be the most frequently falsely reported crime, at a rate of 8.6 percent; yet in numerous places one can find it listed as a "myth" that rape is falsely reported with any frequency, and claims that FBI statistics show it to be falsely reported at 2%, no more often than any other violent crime, or even less often.

In 1994, Dr. Eugene J. Kanin of Purdue University investigated the incidences in one small metropolitan community of false rape allegations made to the police between 1978 and 1987. The falseness of the allegations was not decided by the police, or by Dr. Kanin; they were "... declared false only because the complainant admitted they are false. Furthermore, only one person is then empowered to enter into the records a formal declaration that the charge is false, the officer in charge of record." In addition, a complainant who recanted their allegation was charged with filing a false complaint, punishable by fines and by jail time; even when advised of this, no complainant retracted their recantation. Even under these conditions, which would strongly tend to eliminate any false positive "false recantations", the number of false rape allegations in the studied period was still 45; this was 41% of the 109 total complaints filed in this period.

Dr. Kanin's research took place in a small community where the overall crime rate was low enough that each of the 109 cases in question could be thoroughly investigated, including a serious offer to polygraph both the complainant and the accused, and where substantial penalties were applied to any false allegations. In localities where these factors do not apply, it might be expected that false allegations might be made more easily, and thus more often.

In spite of this, however, many public voices still assert that false reports are rare, or even that they are impossible. This last is clearly an article of faith rather than of verified fact, but it is nevertheless widespread. In 1999, the director of Everywoman's Center at University of Massachusetts Amherst, Carol Wallace, told The Boston Globe: "One of the myths, about sexual assault in particular, is that women do make false reports." She was, however, being interviewed by the newspaper regarding a UMass student who had made a false report of being assaulted in a parking lot by a man who had grabbed her and cut her face with a knife (a wound that the student herself had inflicted). The student provided a description of the nonexistent assailant to the police before admitting a few weeks later that the incident had never occurred. Despite the fact that the false report took police resources away from investigating a series of actual sexual assaults that had taken place on campus, the district attorney failed to hold the student accountable for the false complaint, stating "If anyone is prosecuted for filing a false report, then victims of real attacks will be less likely to report them."

Clearly, an environment in which no one is prosecuted for filing false reports is an environment that encourages the filing of false reports. Feminist commentators often accuse Western society of encouraging sexual assaults by not pursuing them vigorously enough or punishing them severely enough. If this is so, then the logical consequence is that false reports are encouraged by announcing beforehand that they will not be prosecuted, and in some cases, actually rewarding them when they occur. In Dr. Kanin's research, the complainants who made false allegations did so (by their own statements during recantation) for three major reasons: providing an alibi, a means of gaining revenge, and/or a platform for seeking attention/sympathy. In many instances, false reports of "hate crimes", sexual assault included, are actually praised even after they are revealed to be false, for bringing attention to the issues.

Victim blaming

"Victim blaming" is holding the victim of a crime to be in whole or in part responsible for what has happened to them. For example a motorist who leaves his/her car unlocked with the keys in the ignition may be held partly responsible if the car is stolen. A person who uses verbal abuse may be held partly responsible if they become a victim of a physical assault. In the context of rape, this concept refers to popular attitudes that behaviour such as flirting or wearing sexually provocative clothing may encourage rape: that they are analagous to leaving ones car with the keys in the ignition or provoking an assault by "winding up" the assailant. In extreme cases victims are accused of "asking for it" by not behaving demurely.

In most Western countries the defence of provocation is not accepted in mitigation of rape. Many commentators emphasise that victim blaming in rape cases justifies the restriction of women's freedoms and encourages the under reporting of the crime. However, Camile Paglia and some sociobiologists have argued that victim blaming should not be entirely dismissed. This is a very controversial view. In some countries victim blaming is believed to be more widely accepted; women who have been raped are deemed to have behaved improperly.

It has been proposed that one cause of victim blaming is the so-called "Just World Hypothesis". This hypothesis states that people who are inclined to believe the world is a just place cannot accept a situation in which a person is hurt badly and cannot be made well by any means. In order for the world to still be a just place the victim must have done something to deserve their fate.

Victim blame is believed by some to be responsible for many of the accusations regarding false reporting of sexual assault. Some people even attribute all incidents of false reporting, no matter how well-documented the falsity, to victim blaming. Clearly, this is an extreme position, to believe that men can regularly make the criminal decision to commit the act of rape, but that no woman could ever make a false accusation. A commonly held belief is that even entertaining the possibility that even the most suspicious accusations of rape could be false would be an automatic deterrent to the low reporting rate for sexual assault (http://www.rainn.org/statistics.html#silent), which is believed by many to be far below the actual rate. There are no other crimes for which it is argued that the policy of investigating to determine the truth of the charges would result in fewer true reports being brought.

Custodial (prison) rape

Research carried out by Cindy Struckman-Johnson and David Struckman-Johnson of the University of South Dakota has found that 22%–25% of male prisoners in the United States have been the victim of sexual assault, 10% have been the victim of rape, and 6% have been the victim of gang rape. Women prisoners are especially vulnerable to assault by guards and other staff members, and the incidence in the United States has been denounced by Amnesty International and Human Rights Watch.

Male-on-male rape in western cultures is believed to occur primarily in coercive institutional settings, chiefly prisons and detention facilities, but presumably also occurs in same-sex relationships. Likelihood of incidents in non-western cultures are not available.

Prisoner Rape: Law, Policy and Science (http://www.spr.org/en/pub_academic.html)

Gang rape

Gang-rape (also known as "pack rape" or "gang bang") occurs when a group of people participates in the rape of a single victim, usually a gang of males against a female. It is considered even more psychologically damaging for the victim, and in some jurisdictions is punished more severely than rape by one person. "Gang bang" is also a slang term for consensual group sex.

According to Roy Hazelwood, a profiler of sexual crimes, "[Gang rape] involves three or more offenders and you always have a leader and a reluctant participant. Those are extremely violent, and what you find is that they're playing for each other's approval. It gets into a pack mentality and can be horrendous."

Rape and sexual torture

In countries where torture is tolerated or accepted as part of the normal behaviour of police or security, rape of both female and male detainees is a common occurrence. It is used often as a means to "soften" detainees for interrogation or to intimidate them into compliance. In societies with strong social taboos on sexuality, sexual torture is commonly used to destroy the credibility and influence of politically dissident individuals.

Rape under such circumstances often has even more profoundly negative psychological effects than under circumstances which sexual assaults usually happpen.

See also humiliation, Abu Ghraib prisoner abuse.

Statutory rape

Statutory rape is the crime of sexual intercourse with someone under the age of consent but older than the maximum age for the act to be considered child molestation.

This term is primarily used in the United States. It is so named because it is considered to be rape under a specific statute rather than under the principles of criminal common law. Because the state has an interest in protecting minor children, it declares that children under a certain age are not able to give informed consent. Thus even if a child does nominally agree to sexual activity, it is still rape.

State laws vary widely in their definitions of statutory rape; some states make exceptions when the perpetrator is also young, or if he or she marries the minor before the act of sexual intercourse or before being convicted of the crime. Due to a wide variety of opinions on what the proper age of consent should be, statutory rape charges can be controversial.

In the past, cases of statutory rape involving an adult female and a younger male were often ignored by the law, as pervasive cultural myths held that this was actually a desirable experience for young boys. However, in recent years, the situation has been changing, and there have been a number of high profile cases where adult women have been prosecuted for establishing sexual relationships with young boys.

Acquaintance rape

There is no legal distinction between rape by a stranger and rape which takes place between acquaintances, friends or lovers. There is more difficulty in securing conviction against a known assailant, but once established the crime is treated the same way.

Socially, the issue of acquaintance rape (also known as "date rape") is contentious. Evidence suggests that a rape victim is far more likely to know their assailant than not. [1] (http://www.aaets.org/arts/art13.htm)

There is considerable debate as to what constitutes proper and complete consent in a sexual relationship. How explicit consent should be, how frequently it needs to be established, and what constitutes diminished capacity (usually due to drugs or alcohol) are all subjects of some disagreement. These debates take place both on moral and ethical grounds, and as a legal issue, since rape can only be convicted as a crime with intent, and the erroneous belief of consent is a common defense.

Sociobiological theories of rape

Some animals appear to show behavior which resembles rape in humans, in particular combining sexual intercourse with violent assault, such as observed in ducks and geese.

It is difficult to determine to what extent the idea of rape can be extended to intercourse in other animal species, as the defining attribute of rape in humans is the lack of informed consent, which is difficult to determine in other animals.

However, it is clear that sometimes an animal is sexually approached by another animal and penetrated while it is clear that it does not want it, e.g. it tries to run away. This has led to some people describing forcible penetration in animals as "natural" behavior, with the connotation that rape in humans is also in some way "natural". This is the subject of considerable controversy.

Some sociobiologists argue that our ability to understand rape and thereby prevent and treat it is severely compromised because its basis in human evolution has been ignored. Sociobiological theories regarding rape as adaptive are highly controversial, and not accepted by mainstream science. Many people regard these theories as a justification of rape. See sociobiological theories of rape for a fuller treatment of this controversy.

See also

References

  • Gowaty, P.A. and N. Buschhaus. 1997. Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis. American Zoologist (in press).
  • Kanin, Eugene J. 1994. False Rape Allegations. Archives of Sexual Behavior.
  • Merriam Webster's Collegiate Dictionary 10th Edition.
  • Smith, M. D. (2004). Encyclopedia of Rape. USA: Greenwood Press.
  • Macdonals, John (1993). World Book Encyclopedia. United States of America: World Book Inc.
  • Kahn, Ada. (1992). The A- Z of women's sexuality : a concise encyclopedia. Alameda, Calif.: Hunter House.

External links




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