Category: Rape

The definition of rape

Rape is commonly referred to as sexual assault.

It is the act of having unwanted sexual intercourse. The Federal Bureau of Investigation has defined rape as the penetration of any object into the vagina or anus of a person forcefully (James 2008). It can happen to both men and women. Rapists have devised various methods of taking advantage of their victims. At times they use force. Others, drug their victims making them unconscious. Raping is against the law and human rights. To the victims, rape is traumatizing and frightening (Lalumiere 2005).

The dynamic of rape

Many reasons are believed to be the driving forces making people want to rape others. Research has shown that the main cause of rape is the desire to control (James 2008). This is contrary to the widely perceived reason that rape is committed due to the desire of having sexual intercourse. Rapists have this desire to control, terrorize and humiliate their victims.

Anyone can be raped. This is contrary to the myths that people of high moral character cant get raped. Research has shown that the majority of rape perpetrators are well known by their victims. There have been reported cases of husbands raping their wives.

The most vulnerable people are children, women, and the elderly walking alone at night (Lalumiere 2005). The perpetrators are normally prepared with objects such as knives. They usually hang around at dark corners where they can monitor their victims movements and attack them when they are most vulnerable.

Social-cultural factors

Several cultural factors are believed to be behind this rape menace (James 2008). Gender-based attitudes are believed to be the main cause of this. Men are perceived to be superior to women. Most cultures suggest that women should be submissive to men. These beliefs have led to the rise in rape cases. However, tables have changed and both genders are considered equal.

Personal and psychological factors

These have been attributed to be the main driving force that drives rapists to commit this heinous crime.

Alcohol and drug use

Most perpetrators are believed to be under the influence of drugs. Drugs mess up their minds and make them more vulnerable to committing these crimes (Lalumiere 2005).

Sexual fantasies

Some of the rapists usually have weird fantasies that they want to satisfy. This at times may drive them to perpetuate this crime.

Hostility towards women

These people have low regard for women. This makes them be hostile towards women. They want to control and have their way with women and fellow men (James 2008).

Preventing rape

Due to the traumatizing nature of rape, people should find ways to minimize the risk of getting raped. Taking these simple steps will help reduce the possibility of being raped.

During dates

During dates, people should avoid isolated places. One should have limits and tell their partner what they expect from the date. Carry enough money and make sure drugs are not forced on you. It is important to tell someone of your whereabouts before leaving for your date.

With acquaintances

One should stay around other people. Also, make sure you monitor your drinking to minimize the risk of getting drunk. The other important thing is to make sure you open your drinks to reduce the possibility of being drugged (Lalumiere 2005).

Other forms of rape

While at home make sure that during the night all doors and windows are locked. Be sure to ask people knocking at the door to identify themselves before opening the door. If you are taking a walk at night, ensure you walk in well-lit areas. If attacked, try to create attention by screaming. This will help fend off the rapist.

References

James, R. K. (2008). Crisis intervention strategies. Belmont, CA: Thomson Brooks/Cole.

Lalumiere, M. L. (2005). The causes of rape. Washington, DC: American Psychological Association.

Last Saturday, May 7, 2011, a Sofitel chambermaid entered a $3000 per night suite because she was instructed to clean it. But when she was inside she was confronted with a man without clothes and immediately this person started attacking her.

She was dragged to a nearby bedroom and when the man tried to remove her underwear she was able to fight back and escape.

It was later found out that the man was no ordinary pervert for he is Dominique Strauss-Khan, the 62 year old head of the International Monetary Fund or the IMF (CNN Wire Staff, 2011, p.1). This study attempts to examine the report by CNN.com and analyze how data was used and how it can shape the opinion of the readers.

Quality of Information

The first thing that comes to mind is the source of the information. This news article did not come from a tabloid or any gossip column. This news article comes from CNN, through its official website CNN.com (CNN Wire Staff, 2011, p.1).

It immediately creates a sense of assurance within the reader that information coming from this source is reliable and not based on baseless accusation or a product of a writers imagination.

CNN has an organization has a well earned reputation of being an objective source of information that those who visit their website are assured that they have reporters who are trained to get raw information and then process it to produce news that can be relied upon for its accuracy. The same thing can be said about the report on Strauss-Khan and his alleged criminal offense.

The high quality of information provides an objective view of the case. The reporter did not try to arouse the emotions of the reader. As much as possible the reporter focused only on the facts of the case. Later on it will be pointed out why the reporter chose to interview this person as opposed to interviewing someone with merely an opinion or a casual observation of what happened.

Methodology

The reporter who wrote the news article did not simply rely on the work of others. Secondary information is not the core foundation of the article. A reporter went after people that have first-hand knowledge about the incident.

Thus, the reporter had a direct line of communication with the alleged perpetrators lawyers Benjamin Brafman and William Taylor. By doing so the reporter was able to discover a crucial piece of news, Strauss-Khan will plead not guilty.

The reporter also used investigative techniques to interview Deputy New York Commissioner Paul Browne in order to get relevant and accurate data about the case.

In other words the reporter is expected to receive nothing less than official statements regarding the role of the police in the apprehension of Strauss-Khan. This also serves as a way to verify the process used to determine if there is a strong case against the IMF head.

It is important to establish an airtight case against Strauss-Khan because he is considered a minor celebrity and therefore there are many people who will benefit from his legal problems. Strauss-Khan is the leader of powerful and influential organization and therefore there are many ways that his lawyers can create a defense that can weaken the allegations made against their clients.

Although the news is something that can easily be sensationalized it is difficult not to feel skepticism considering that Strauss-Khan is a high-profile target of many unscrupulous people. It is therefore imperative for the CNN reporter not only to report about the superficial aspects of the case but to help inform the readers if there is a basis for such accusations.

The reporter did not disappoint because in the course of the investigation he was able to determine that there was a police line-up made immediately after the arrest and the maid was able to identify Khan from the line-up assembled by the police and strengthening the case that indeed the maid knew the perpetrator and that she did not simply made it up.

The reporter also reached out to IMF headquarters. This is a clear sign of objective reporting and goes to show that the news agency delivering the news did not show any bias towards a person or group. But more than that the result of the interview provided a picture of how the IMF responded to the issue.

The IMF seems to treat the case as a personal problem between Strauss-Khan and his accuser. It also seems as if the IMF tried to distance itself from Straus-Khan.

Intended Audience

The intended audience is the general public and everyone who are considered as consumers of news content. It is for people who have access to the Internet and educated enough to understand the terms and languages used in the report.

Although it can be said that the report is made accessible to everyone using non-technical language and easy to understand terms it is also correct to say that the intended audience are those who understand global politics and finance.

Although experts are not the only people who can appreciate the said news article only those who have an idea about what the IMF does and what its role is in terms of nation building can truly appreciate the importance of this news article.

On the other hand those who are interested in reading about powerful officials embroiled in a sex scandal can also enjoy this piece.

Assumptions

The reporter used investigative techniques and proceeded to write an objective new article because this is based on the assumption that any person charge of a crime should be considered as innocent until proven guilty. With regards to this case there are a lot of incriminating evidence. For instance Strauss-Khan left his phone when he tried to take a plane to France.

The IMF headquarters also confirmed that Strauss-Kahn was not in New York for official business. It is also suspect as to the timing of his sudden departure that coincided with the reporting of the maid to the front desk as to the alleged crime.

The minor injuries suffered by the chambermaid are also circumstantial evidence that makes it appear that Strauss-Khan is indeed guilty. But the reporter did not construct an article that highlighted these findings because it will appear as if he is giving his opinion regarding the case.

It is therefore important to point out that the writer tried to find out more in order to present a more balanced view of the case. As a result he included the information regarding the police line-up.

Analysis

The analysis is reliable and valid. The reporter did not gather secondary information and wrote based on hearsay. The reporter went to the place where it happened and interviewed the personalities that have a direct bearing on the outcome of the case.

The reporter did not simply interview chambermaids in the Sofitel hotel, the place of the alleged scene of the crime. The reporter did not interview passersby but went straight to those who can provide official statements from their capacity as lawyers, police commissioners, and employer.

The conclusion is valid and appropriate because the reporter did not take shortcuts in order to create a reliable and accurate news article regarding the incident. Both sides of the story was sought and therefore a more balanced view was given. It was implied that Strauss-Khan is considered not guilty under due process has taken its course and has found guilty of the crime.

Nevertheless, the reporter supplied the information that helps explain why police officers were able to stop a plane from taking off and went aboard to apprehend Strauss-Khan. It can be seen that there is enough evidence for a judge to see that there is indeed a case against Strauss-Khan.

Conflict of Interest

There is no conflict of interest and there is no ethical issue that can cloud the veracity and validity of the new article. CNN will not benefit from the downfall of Strauss-Kahn.

CNN is not organization that directly received funding from the four major sources of information, namely the IMF, New York Police Department, Sofitel, and the lawyers of Strauss-Kahn. Thus, CNN and the reporter who wrote the news article can provide an unbiased view of the incident.

There is no conflict of interest and there is no ethical issue that will arise as to the motivation of the CNN reporter to know more about the case and wrote a news article about it. CNN is new agency and it is the responsibility of the writers and producers of the said organization to go after newsworthy stories and inform the general public about it.

Conclusion

The report was handled by a reputable organization known all over the world for its high standards. The readers are assured that every time a new article from CNN has been published then they can rely on it for its objectivity and accuracy.

Thus, when the new broke out that Strauss-Khan a high profile figure in the world of international finance was embroiled in a sex scandal, readers knew immediately that this should be taken seriously.

The same reaction is not expected if the news came from tabloid and other organizations that has not yet proven their capability to deliver top quality news article. Nevertheless, the reader has still to examine the information contained therein to be sure that the CNN reporter did his job to provide a balanced and accurate news article.

After reviewing the news article one can make the conclusion that an investigative type of reporting was used and that the reporter relied on first-hand information collected from official sources. The people interviewed did not merely provide opinion and what they feel about the case.

They provided information that was very beneficial to those who are interested to know if indeed there was a case against Strauss-Khan or if this was just a scheme to discredit him and tarnish his reputation.

Reference

CNN Wire Staff. (2011). IMF head to plead not guilty in alleged attempted rape. CNN. Web.

Rape is one of the most horrible crimes to be ever be committed. It is bound to cause physical and emotional trauma to the victims and their families. In order to ensure justice is served, the investigator must know what to do when arriving at the crime scene to perform a retroactive investigation. This paper includes a list of steps and suggestions tailored to a particular rape scenario.

Steps to Take upon the Arrival at the Scene of the Crime

In this scenario I am the responding investigator, thus not the first person to contact the victim and arrive at the crime scene. The duty of the first responding officer is to secure the victims, the primary witnesses, and the area where the crime took place (Role of the first responder, 2016). Upon arrival, the investigator will be required to:

• Interview the victims and primary witnesses
• Collect material evidence from the crime scene

Questions for the Victim

Here is a list of 10 important questions that need to be answered during the investigation (Cain, 2015):

• Can you tell me what happened today?
• When did the crime happen?
• Can you describe the perpetrator?
• Did you know the perpetrator?
• What did the perpetrator do before, during, and after the assault?
• Did you resist the offender?
• Did he threaten you?
• Did he have any weapons with him?
• Did anyone else see or hear you? (e.g. the children)
• Were there any specific threats towards you or your family?

These questions will need to be worded carefully in order to accommodate the rape victim and not provoke a negative reaction.

Children Care Plan

Witnessing their family members raped can be a traumatizing event for the victims children. First, it must be determined if the children actually witnessed the act. If not, then it will be best to avoid discussing it. However, if they did witness the crime, it is important to contact a child psychologist in order to ensure their emotional stability. Any interviewing of the children should be conducted with extreme delicacy and caution (Tracy, 2016).

Crime Scene Search Areas

Weiss (2015) outlines two areas of examination in a rape scenario  the victims body and the area outside the house. Investigating the area outside the house might tell how the perpetrator broke inside. It might contain tire tracks, fingerprints, discarded tools and items, and other potential evidence that could be used to discover the criminals identity. The victims body will contain biological evidence, such as hairs, semen, nails, bits of the epidermis, etc. (Weiss, 2015).

Profiling

The case scenario offers only two traits that could be classified as part of the criminal profile, namely the use of a car to escape the scene of the crime, and the threat to return if the victim files a report to the police. This evidence can be used as a point of comparison with other cases in order to establish a pattern (Holmes, 2009). However, the information given in the scenario does not allow for any further profile-building.

Follow-up Investigative Steps

In order to continue the investigation, the investigator must interview the victims neighbors, who may have had a chance to see the perpetrator or his car. Any security cameras in the immediate vicinity will have to be checked for footage. In addition, the information about the perpetrator will need to be compared with the police database, in order to establish a possible link (Chamelin, 2017).

References

Cain, N. (2015). Interview strategies for sexual assault and rape investigations.Web.

Chamelin, N. (2017). The follow-up investigation.Web.

Holmes, S.T. (2009). Sex crimes. (3rd ed.). Thousand Oakes, CA: Sage Publications.

Role of the first responder. (2016). Web.

Tracy, N. (2016). Rape therapy: a treatment for rape victims. Web.

Weiss, D. (2015). One assault, two crime scenes: The challenge of handling sexual assault cases. Web.

Rape shield laws are aimed at defending the victims from a sexual misconduct. According to these laws, sexual history and reputation of a victim should not affect the current prosecution for rape. They limit the ability of the defendants counsel to introduce the facts concerning the previous victims conduct as evidence for the particular trial. However, there are several exceptions for these laws that give defence attorneys an opportunity to get around them.

When the probative value of previous sexual behavior of the victim significantly outweighs the possible harm for the victim, the victims sexual history can serve as evidence for the trial. Such cases exist both in criminal and civil cases. According to the Rule 412(b)(I), there are three exceptions for criminal cases (Center for Innovation in Legal Education, 2012). First of all, it can be proved that the physical evidence came from someone else. Second, if the victim was previously in a sexual relationship with the defendant, an argument of a probable consent can be offered by an attorney. Third, the exclusion of evidence can violate constitutional rights of the defendant, such as the right of a criminal defendant to confrontation. For civil cases, there are also exceptions for which the probative value outweighs the danger and unfair prejudice towards the victim. According to the Rule 412(b)(2), if the victim has previously put their reputation to controversy and introduces the facts proving it, it can be brought as evidence in the case.

Crystal Mangums case of 2006 can serve as an example of false rape allegations. Crystals attorney has conspired false evidence with a DNA lab director (BBC, 2013). The evidence proved that Crystal, an exotic dancer, was raped. Thus, Rule 412(b)(I) could be applied in this case, if it was proved that the evidence was fabricated. The exceptions from the rape shield laws could have helped an attorney to prevent false accusation in a rape.

References

BBC. (2013). Duke lacrosse accuser Crystal Mangum guilty of murder. BBC News. Web.

Center for Innovation in Legal Education (2012). Evidence: Rape Shield Law, Part 2. [Video]. Web.

Rape is a type of sexual assault when a person is forced to have sex against their will. Rape shield is a concept in the legislation of countries such as Canada, New Zealand, Australia, and others. The concept refers to the limitations imposed by the law to use the victims previous sexual history as evidence. Rape shield allows for more objectivity in the cases when the defense might try to point out the fact that the victim was sexually active and, therefore, more likely to consent to the sexual act in question. In essence, a rape shield prevents unfair inference and protects rape victims from judgment. This paper argues that for all its controversy, the rape shield has had a positive impact on womens rights in Canada.

The Impact of Rape Shield Laws

Victim Blaming

First and foremost, rape shield laws help to address the detrimental phenomenon that is victim-blaming. Victim blaming occurs when the observers blame the victim of rape for what has happened to her based on her personal qualities, past experiences, or behaviors. An example to illustrate the concept would be when the observers inquire why the victim was dressed in a particular, often revealing or suggestive way. They might question her choices: why she would be out alone at night, why would she consume alcohol at a bar unattended, or why she would associate with untrustworthy people. What is concerning is that victim-blaming is quite a powerful mindset. One may imagine that such conclusions can only be made by people who do not have extensive knowledge regarding the criminology and psychology of rape. However, as many experts show, the manipulation of the victims image often takes place in courts and directly impacts the final ruling (Van der Grubb and Bragg, 2014). Victim blaming shifts responsibility from the perpetrator to the victim and impedes the execution of justice.

The execution of justice in court is not the only thing that becomes inhibited. When victims are at risk of being blamed, they might be hesitant to speak up or report. Van der Grubb and Bragg (2014) show that rape permeates even the most developed societies. For instance, according to recent statistics, one in five women in North America has been assaulted at least once in her life. One would expect a lot of rape cases; however, rape often goes underreported with some sources hinting at numbers as low as 20-25% of the total number of cases (Van der Grubb and Bragg, 2014). Investigating rape is a long and challenging process that often challenges the victim emotionally, even if everyone involved treats her with fairness and respect. It is readily imaginable how anyone who experienced assault would be not sure about taking action given that the odds of being blamed in return are high.

The process of rape investigation starts with the police. Ellison and Munro (2014) provide a systematic review of the current literature on the so-called rape acceptance in police officers. Rape acceptance is a social paradigm that denotes rape as acceptable. Those societies that show high rape acceptance do not address the issue of sexual violence properly, preferring to blame the victim and conceal the case altogether (Ellison & Munro, 2014). Ellison and Munro (2014) show that a small part of police officers indeed hold a negative attitude toward rape victims. Their reaction is also likely to change depending on some accompanying factors such as alcoholic intoxication. In one experimental study, a mock victim who was drunk was seen as someone who was taking a risk knowingly. Thus, given that such attitudes persist, there is a need to somehow address them legally.

Rape shield laws in Canada aimed at moderating the human factor in justice execution. Indeed, the criminal justice system is not devoid of the psychological aspect. For instance, the prosecution or the defense might have their own, personal opinion on the participants of the process and be biased when making decisions. Van der Grubb and Bragg (2014) show that in the case of rape, victims characteristics and observers characteristics impact each other simultaneously.

What deserves consideration is that there are certain patterns in what kind of observers are likely to resort to victim-blaming. A meta-analytical review of articles on the subject matter has shown that men are more likely to minimize the adverse impact of rape and exaggerate the victims responsibility (Van der Grubb and Bragg, 2014). Besides, the better the victim and the perpetrator have known each other before the incident, the more likely the woman was to be blamed for his actions (Van der Grubb and Bragg, 2014). It is not to say that any male juror, prosecutor, or advocate is going to use victim-blaming. However, to prevent this from happening, rape shield laws are still needed.

An example shall be provided to illustrate the mitigating effect of rape shield laws on victim-blaming. This year, the Supreme Court of Canada bars a man accused of having sex with an underage girl from inquiring about a cross-examination (The Canadian Press, 2019). The perpetrator intended to mount a defense by using the evidence regarding the victims past sexual experiences. The central piece of evidence was that the girl became pregnant around the same time as the rape took place. The cross-examination would involve a background check on her sexual activity. The defense assumed that it might not have been the perpetrator who impregnated her but someone else, therefore, hinting at how active she was sexual. The Supreme Court found the inquiry ungrounded, and in July 2019, the man was convicted of rape.

Emotional Distress Relief

It is no wonder that rape case investigation puts stress on the victims mental health and sanity. Rape victims are likely to be in severe distress or even traumatized, to begin with. For instance, Langton and Turman (2014) provide a piece of statistics that 70% of victims of violent crimes showed signs of extreme emotional distress. Mbalo, Zhang, and Sam (2017) report that there is a strong association between rape, PTSD (post-traumatic stress disorder), and depression. Further, Mbalo et al. (2017) explain that some groups of women are more at risk of developing stress and long-term mental conditions as a result of rape. Typically, those who have been abused as children experience retraumatization through rape, which makes their situation even direr. Unemployed women and women without a stable support network (family, life partners, friends) were also more susceptible to PTSD and depression. The latter was explained by those womens inability to share and relieve pain through conversations or merely being in someones presence.

What should be noted is that while stress is an undesired but normal reaction, it can prevent victims from executing self-agency and being assertive in court. The pain of being a victim of a violent crime cannot be that easily recuperated. What the justice system should strive to do instead is protect victims from becoming even more traumatized. In this case, rape shield laws help women regain their integrity and self-respect because other parties cannot interfere with their previous personal experiences and cause more distress.

Digital Security

For all their advantages, one way in which rape shield laws do not quite protect victims in Canada is ensuring digital security. Birdsell (2014) claim that the advent of the Internet age requires a re-evaluation of what place the Internet space take in the legal system. Birdsell (2014) explains that in Canada, the laws addressing the concealment of the victims identity date back to the 1980s. Nowadays, they should be applied together with rape shield laws to make sure that rape trials are fair. However, there is a certain schism between rape shield laws and victims rights statutes in terms of how they treat the information on the Internet. According to Birdsell (2014), none of those two categories of laws cover the entire issue. In essence, rape shield laws serve for evidentiary protection, which only serves any good within the courts walls. Outside the court, victims are often defenseless and do not have total control over the amount, quality, and access to information.

One feature that Birdsell describes as defining when he discusses the issues of rape and digital security is the permanency of the information on the Internet. Unlike physical photos and videos, whatever is posted online is likely to stay there for an indefinite period. For example, even if the owner of a social media profile decides to delete a photograph or a video recording for good, she cannot be quite sure that no one saved them for personal use or to use them against her. Now that this paper addressed the negative attitudes that observers might have toward rape victims, it is readily imaginable that certain social media content may also become the reason for victim-blaming.

Powell (2016) discusses the way womens social media accounts are perceived in the light of increased rape awareness. The researcher shows that more often than not, digital security guidelines prescribe women to avoid sharing or posting intimate images for the sake of their security. An example to illustrate the issue in regards to the subject matter of the paper is posting revealing pictures to only discover later that they are used by the court that the victim used to be sexually active, and therefore, the case investigation should take a different direction. Powell (2016) argues that advising women not to post anything is counterproductive. Surely, everyone should take reasonable precautions when being active on social media. However, putting the burden of responsibility only on female SM users is problematic for two reasons:

1. some images and videos can be interpreted by the defense in a way that would present them as suggestive even if it is not how they are meant to be seen;
2. women are often hacked with their intimate images being leaked, i.e. the images that make it to the public have never been meant to end up there.

Taking all points into consideration, it seems that there is a legal way to govern cross-referencing using the Internet. So far, it seems that rape shield laws do provide a solid framework to do it; however, they need to be applied together with victims rights statutes to make a positive impact.

Controversies to Address

Symmetry

It has been shown that rape shield laws have a positive impact on womens rights in Canada. However, some controversies are unavoidable and have yet to be properly addressed. In the day and age when rape awareness is at its peak, many people find themselves wary of false accusations. To them, laws such as rape shield provide scammers with a breeding ground for creating lies and ruining innocent peoples lives. It is hard to deny that false rape accusation cases do occur and the alleged victims sometimes do prove to be abusers and violators. Therefore, some legal researchers and practitioners hint at the need to make the law more symmetrical to make sure that both the victim and the accused can be equal and not let a single party prevail over the other. Surely, in the context of this paper, the issue needs to be analyzed from the standpoint of womens rights as the defendants rights are not exactly its subject matter.

Imwinkelried (2015) states that symmetry laws have the potential of ruling out false accusations because in this case, the plaintiffs history of accusations would be checked. The general premise is that if a person is known for making false claims, she is likely to continue doing them seeking attention or financial rewards from those who she is trying to accuse. Imwinkelried, E. J. (2015) provides a framework for deciding whether an accusation is false based on the plaintiffs background check. The questions that need to be answered before proceeding include but are not limited to the following:

• Are the accusations both stranger rapes or both acquaintance rapes?
• What types of sexual activities are involved in the charged crime and the case described in the false report? Was the sexual conduct in both situations conventional or both instances displayed aberrant conduct?
• What modus operandi did the victim claim that the offender followed in the charged and uncharged crimes? For instance, a curious and implausible situation is when the victim claims the identical modus operandi in two unrelated stranger rapes.

Imwinkelried, E. J. (2015) states that the more similarities there are between the two cases  one false and the other uncharged, the less credibility should be assigned. This approach is as efficient as it is problematic. Truly, if rape shield laws are applied in this case and the defense is barred from cross-examination, it may mean that the court will proceed with a false accusation in some cases. On the other hand, there might be a rare case when a woman makes a false accusation and then a real one. Then the latter will not be taken seriously due to the history of deception.

Purity Myth

Another problem highlighted by Loewen (2015) is the purity paradigm that still prevails in court. Loewen states that rape shield laws are far from being truly progressive and empowering women. According to the researcher, regardless of whether sexual history is considered or not, the common public sentiment is that sexual history does matter. Loewen (2015) explains that when rape shield laws are enacted, the court does not quite acknowledge womens rights to their bodies and making choices regarding their sex life. Instead, the prosecution does its best to conceal the facts and present the victim in the best light. Seeking sympathy from the judge and other observers, the prosecution claims that the victim is pure and innocent. To advance female empowerment, it is essential to debunk the purity myth and denote sex as a normal part of a womans life. In this case, sex will remain a fact of the past that does not serve either as evidence or something to be hidden at all costs.

Conclusion

By now, almost all countries in the world have some kind of legislation addressing rape with developed countries taking the lead with comprehensive and balanced laws. It is argued that rape is a crime that is challenging to investigate: more often than not, the contents of a case are distilled to whether the victim provided consent or not. As one may imagine, consent can take both verbal and non-verbal forms, which makes it straining to prove anything. In Canada, rape shield laws bar the defense from examining the victims sexual past to use her sexual activities as evidence. It contributes to the fight against victim-blaming and has the potential of relieving distress in victims. However, it is not clear how rape shield laws deal with social media serving as a source of alleged evidence. Some other shortcomings include the compatibility of rape shield laws with symmetry laws. Lastly, some experts think that the rape shield perpetuates the purity myth.

References

Birdsell, B. (2014). Reevaluating gag orders and rape shield laws in the Internet age: How can we better protect victims. Seton Hall Legislative Journal, 38, 71.

The Canadian Press. (2019). Supreme Court convicts man barred from cross-examining victim by rape shield law. Web.

Ellison, L., & Munro, V. E. (2014). A specialdelivery? Exploring the impact of screens, live-links and video-recorded evidence on mock juror deliberation in rape trials. Social & Legal Studies, 23(1), 3-29.

Imwinkelried, E. J. (2015). Should rape shield laws bar proof that the alleged victim has made similar, false rape accusations in the past: Fair symmetry with the rape sword laws. The University of Pacific Law Revue, 47, 709.

Langton, L., & Truman, J. L. (2014). Socio-emotional impact of violent crime. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.

Loewen, K. (2015). Rejecting the purity myth: Reforming rape shield laws in the age of social media. UCLA Womens LJ, 22, 151.

Mgoqi-Mbalo, N., Zhang, M., & Ntuli, S. (2017). Risk factors for PTSD and depression in female survivors of rape. Psychological Trauma: Theory, Research, Practice, and Policy, 9(3), 301.

Powell, A. (2016). Be careful posting images online is just another form of modern-day victim-blaming. Web.

Van der Bruggen, M., & Grubb, A. (2014). A review of the literature relating to rape victim blaming: An analysis of the impact of observer and victim characteristics on attribution of blame in rape cases. Aggression and Violent Behavior, 19(5), 523-531.

Introduction

Rape is one of the most common crimes in the US and in the entire world. It is estimated that 20% of American women are victims of rape (Masters 33). Notably, numerous organizations and individuals are trying to address the problem and develop programs to prevent this type of crime. Masters explores one of the prevention strategies and examines six websites aimed at preventing rape. The researcher identifies three types of messages articulated and states that the use of the Internet can have a positive effect and can be one of the tools of prevention.

Types of Messages Articulated

In the first place, it is necessary to mention the use of websites and their positive effect on male college students. Masters states that college make students acknowledged effectiveness of the websites and lots of people hanged their attitude towards the issue (34). Hence, the researcher believes the rest of the US male (and, of course, female) population will benefit from creation of websites aimed at preventing rape. The researcher also identifies three types of websites or rather three kinds of messages articulated through these Internet resources. Remarkably, all three websites are based on the principle of the alternative masculinity (Masters 38).

One of the types of the websites focuses on differentiating between rapists and non-rapists. As Masters puts it, the websites other rapists to show that the norm is different (38). Notably, the author claims that it can be effective though there is a threat that males will not look at the problem in a way they should as they will think that they are not in that group and they are real good men. Of course, this can have negative effects as males who are potential rapists will not regard their behavior as abnormal.

The other type of websites can be regarded as inclusive. The websites make males think that they are all potential rapist. The websites call for specific attention to ones own behavior. Masters notes that this can be really effective as males can become more responsible and thoughtful (40).

Finally, the author claims that there are sites which focus on androgyny advocacy. In other words, these sites are trying to change the way genders are seen in the society. Males are encouraged to share females feelings. It is also noted that the roles and attributes of genders which exist in the society have to be changed.

Personal Reaction and Conclusion

I believe the most effective concept is inclusiveness and websites which are based on this idea will have most positive effects. Othering males can have a negative impact and make males disregard their own immoral behavior. At that, androgyny advocacy is a very long and quite controversial way as the society is unlikely to change very soon but the change is crucial. For me, it seems unlikely that androgyny is possible and can be good for the humanity. Admittedly females stories of their life may touch people and make them think about the wrongs of the society (Cahill 8).

Though, I believe that it is not enough to make males think more about females experiences. It is much more important to encourage men to be more responsible and understand that they can potentially hurt women. Apart from websites, this message should be spread through television. Educators should also communicate this message to children of very early age.

Works Cited

Cahill, Susan. Women and Fiction: Stories By and About Women. New York, NY: Signet Classics, 2002. Print.

Masters, N. Tatiana. My Strength Is not for Hurting: Mens Anti-Rape Websites and Their Construction of Masculinity and Male Sexuality. Sexualities 13.1 (2010): 33-46. Print.

The role of popular media in shaping our behaviors and whether it directly contributes to violence elicits a strong debate from various quarters of society. In her book, Beyond Blurred Lines: Rape Culture in Popular Media, Nickie D. Phillips discusses how the idea of rape culture has permeated peoples collective imagination to create a cultural environment where violence against women has been normalized by being ignored, condoned albeit implicitly, or explicitly encouraged. Phillips highlights the various ways through which sexual violence is collectively processed, contextualized, mediated, negotiated, and contended by looking at how the public has normally reacted to different high-profile cases and rape narratives in popular culture using a cultural criminology framework. This paper is a thorough overview of Phillipss book to highlight what I have learned from the text. The violence surrounding rape is far more widespread than I thought.

In Chapter 1, Phillips traces the origins of rape culture by focusing on its evolution from being a topic mainly in academic discourse to becoming a relevant issue in popular culture. Rape culture emerged from the revolutionary feminist movement in the 1970s with pioneer works by scholars, such as Cassandra Wilson, Noreen Connell, and Susan Brownmiller among others. Phillips then presents how the concept permeated what she terms as low culture spaces with casual misogyny being the guiding principle. The author reveals how contentious the issue of rape culture is by giving offensive definitions of the term, its history in feminist campaigns, and the micro-aggressions that women have to contend with in their day-to-day living.

In the second chapter, Phillips gives contemporary examples that underscore the concept of popular culture to show how this notion has pervaded mainstream media coverage. One good example is the gang rape and ultimate murder of Jyoti Singh in New Delhi, India, in 2012. Phillips is quick to prove that rape culture is not just an Indian problem by comparing this incident with other cases in the US. Some of the cases that she uses to place rape culture in the American context include the widely publicized juvenile trial of two high school boys who raped Jane Doe in Ohio, allegations surrounding Bill Cosbys sexual assault cases, and Robin Thickes song, Blurred Lines.

The third chapter focuses on how the popular media, specifically television, depicts rape and sexual violence against women. Phillips raises a thought-provoking issue here by noting media content consumers are concerned with how rape and sexual violence make them feel instead of interrogating how such portrayals make them think. For instance, Phillips wonders why we continue watching television programs such as Game of Thrones, Scandal, How To Get Away With Murder, and The Walking Dead among other related programs when they are riddled with disturbing scenes of rape and sexual violence against women. She concludes that our reactions and responses to these scenes are not intellectual but sensational.

In the next two chapters, Phillips details how pervasive misogyny and sexual harassment have infiltrated the gaming industry and comic book communities. The author notes that while the mainstream media acknowledges the existence of gendered problems within the online gaming industry, the perpetrators of these doxxing attacks have successfully reframed the sensitivity of rape culture as a politically correct tool of promoting free speech. Similarly, in comic books, women characters are normally hypersexualized with sexual violence and harassment being used to further their storylines.

In the last chapter, Phillips reintroduces the concept of rape culture to academia, but this time she focuses on how this culture has pervaded college campuses. According to the author, discussions on rape culture keep on shifting but the enforcement of Title IX has helped reduce sexual violence on campuses. However, despite the concerted efforts from the relevant authorities, understanding rape culture from a sociological perspective is lacking in the literature. While this assertion appears controversial because there is plenty of literature on this topic, Phillips is quick to point that popular culture nowadays plays a more significant role in shaping our sociological understanding of rape culture as compared to college campuses and the academic community at large.

Phillips concludes her book on a grim note by arguing that the widespread policy failure to address rape culture is a clear reflection of our societys cultural ambivalence around what amounts to sexual violence. However, Phillips (2017) is optimistic about the future by noting that the concept of rape culture has moved from academic halls and it is now ubiquitous in popular discourse, showing up in news reports, social media outlets, and television crime dramas (p. 185). As such, she is confident that there is no going back; Theres no putting the genie back in the bottle; theres no erasing the concept (p. 185), and thus as people continue to talk about the topic, it will raise the awareness needed to address this problem that has affected women since the civilization of humankind.

Generally, the book is an easy read and I enjoyed reading it. By focusing on recent examples starting from 2012 onwards, she allows the reader to contextualize the issue of rape culture through low-culture analysis, which is a departure from monotonic materials on the topic found in most academic halls. The author does an impressive work by dissecting the concept of rape culture in the context of popular media because rape culture cannot be understood in its entirety without involving these prime areas that inform our collective thinking, which ultimately informs our perceptions of sexual violence.

However, the book has few weaknesses. For instance, while Phillips provided her methodology in the appendix, she could have given more details about her data collection process. Instead of mentioning newspapers in general, she could indicate whether she gathered data from blogs, social media accounts, and other websites drawn from the said newspapers in line with best practices in qualitative research. Additionally, more tables, figures, and other visuals throughout the book would have helped significantly in understanding the content better. Finally, Phillips mentions that she uses a cultural criminological framework in her work and thus she could have included a chapter to explain the underlying principles of this conceptual framework for deeper theoretical analysis.

I highly recommend this book to anyone interested in understanding rape culture in popular media. I have learned that gender violence against women is far more widespread than I thought. I never considered the various micro-aggressions that women have to face every day of their lives as part of sexual harassment. Additionally, I was oblivious of the intricacies surrounding the concept of rape culture and how political correctness has silenced this important topic and deluded the public from having constructive and objective debates on the violence that is insidiously meted against women in our society.

Reference

Phillips, N. D. (2017). Beyond blurred lines: Rape culture in popular media. Rowman & Littlefield.

Lal, Neeta. Addressing Rape in India. The Diplomat  The Diplomat is a Current-affairs Magazine for the Asia-Pacific, with News and Analysis on Politics, Security, Business, Technology and Life Across the Region. 2020. Web.

In an article titled Addressing Rape in India, Neeta Lal explores strides that have been made to mitigate rape cases in India. The article discusses several cases of rape that happened in previous years. Although it is indicated that severe punishments have been implemented as a measure to protect women from rape, most of them still feel insecure on the streets. In the article, it is indicated that patriarchal entitlement of men in India makes it worse as males feel in control. Thus, it is suggested that complex social landscape of India should be changed to avoid social issues such as rape.

Menon, Anjana. Sexual Violence: Indias Serious Problem, Its Men. Economic Times Blog. 2019. Web.

While reporting for The Economic Times, Menon claims that India remains one of the dangerous places for women to live. It is reported that men report young girls and old men. More so, it is also indicated that almost four women are raped in every hour in India. to minimize the rates of rape in this country, it is suggested that the government must set up special unit aimed at training officers who can deal with sexual related cases.

Kashyap, Aruna. Fixing Indias Rape Problem. Human Rights Watch. 2020. Web.

The news article by Kashyap titled Fixing Indias Rape Problem focuses on responses that can help to curb rape in India. The report cites brutal gang rape and death cases that shocked the nation. However, it is reported that the government created severe criminal punishments for rapists as a way of reducing such cases. More so it is also suggested that changing attitude of citizens, especially men in the country is important. Although the government is committed to compensate the victims of rape and punish the rapists, a sustainable solution is still needed to fix this social problem.

Shahid, Rudabeh, et al. Understanding rape culture in Bangladesh, India, & Pakistan. UN Women, 2021. Web.

In the most recent news article Understanding rape culture in Bangladesh, India, & Pakistan by Shahid et al., explores cases of rape culture in Bangladesh, India and Pakistan. The authors discuss the true depth rape in form of gender-based violence in various countries, including India. Different steps are also suggested to address this social problem. Most of the suggestions rotates around legal actions and policy recommendations to mitigate cases of rape.

BBC News. Explaining Indias New Anti-rape Laws. BBC News. 2013. Web.

In a BBC News article, the focus is on why the government of India should make changes in laws to curb down rape cases. The ant-rape laws discussed in this article were prompted by the continuous cases of rape, especially in 2013. The new ant-rape laws captures various aspects such as criminal procedures code, age of consent, protection of children, among others. All these measures aim at preventing rape cases that have been increasing in the country.

Definition of rape

Rape is a form of sexual exploitation usually characterized by copulation or other related forms of penetration. It is criminal because it lacks consensus between the victim and the perpetrator (Cahill, 2001). In most cases, rape occurs through coercion or taking undue advantage over individuals who lack the capacity to grant valid consent.

Generally, the term rape is used to denote sexual assault and other improprieties that relate to sexual misconduct. According to experts, it is important for people to understand the nature and scope of discourse that relates to rape and other forms of sexual assault. Devoid of such knowledge, it would be difficult for victims to divulge the necessary information to authorities in case of rape (Cahill, 2001).

Law enforcement agencies contend that rape is one of the most prevalent forms of sexual abuse. There are numerous factors that predispose individuals to rape. However, it is important to appreciate the role of medical and psychosocial intervention with regard to provision of care and support for victims of rape. In extreme cases, rape could lead to serious physical injuries or death.

It results in trauma and suffering, thereby leading to secondary health problems that could ultimately cause death. In order to forestall rape, it is important for people to understand various dynamics that characterize rape in modern social settings. In the absence of such empowerment, individuals would find it difficult to combat rape (Cahill, 2001).

Dynamics of rape

Rape is a complex issue that often manifests in diverse areas of engagement in societal setting. It usually suffices in terms of causality, execution, and predisposing factors. Most people define rape based on social, cultural, and economic constructs that define its existence. Most incidents of rape are supported by dynamics that lead to recurrent perpetration (Freedman, 2013).

For instance, there are certain cultural beliefs that seek to entrench sexual violence. Such beliefs and practices amplify family honour and purity with regard to sexuality. Many people are forced to perpetrate sexual violence due to such misguided beliefs and practices (Freedman, 2013). The severity of a rape ordeal depends on various factors that characterize its execution.

For instance, it depends on whether the perpetrator is known to the victim and the procedure involved in perpetration of the abuse. In addition, it depends on the health and wellbeing of the victim (Freedman, 2013). People suffering from terminal illnesses and health complications are more affected by incidents of sexual assault.

The emotional and mental wellbeing of victims also determines the willingness to report or involve law enforcement agents in probing rape incidents. The dynamics of rape are complex because they determine individual and collective reactions to assault. Authorities should sensitize people on the dynamics of rape in order to encourage sharing of information that could lead to apprehension of culpable individuals (Heilbrun, 2004).

Social/cultural factors

Social and cultural factors are crucial elements with regard to propagation of rape. Such factors are responsible for stereotypical patterns of thought that ultimately abet sexual violence. For instance, there are certain social systems where women are considered inferior to men. Such beliefs are responsible for perpetration of uncouth and barbaric behaviour against women (Heilbrun, 2004).

Perpetrators of sexual violence bear no remorse because they feel empowered by their patriarchal inclination. Socialization and cultural inculcation also play a critical role in propagation and sustenance of sexual violence in contemporary social context. Most people are socialized to believe that men are authorities on matters regarding sex and reproductive health. This reality justifies any incidents of sexual impropriety against women (Heilbrun, 2004).

Personal and psychosocial factors

Personal and psychosocial factors also influence the perpetration and sustenance of sexual violence. Most people propagate sexual violence due to personal challenges that distort their view of society (Bonnycastle, 2012). Some people harbour unconventional views regarding the role and place of women in modern world. Such inconsistencies play a critical role in promoting sexual violence and related crimes such as rape.

It is important for individuals to foster positive patterns of thought and behaviour in order to minimize instances of maladjustment with regard to societal ideals and aspirations. Psychosocial factors are also responsible for propagation of sexual violence. This involves negative patterns of behaviour and action concerning human interaction (Bonnycastle, 2012).

Preventing date, acquaintance, and other forms of rape

Due to its complex nature, sexual violence requires extensive and forthright response from individuals in social contexts. The best way to forestall all forms of rape is to ensure that knowledge regarding diverse manifestation of rape is prioritized. Devoid of proper knowledge, it is difficult for people to detect possible cases of sexual impropriety (Bonnycastle, 2012).

Such knowledge also empowers people in ways that enable them to take pre-emptive measures. Devoid of such knowledge, it would be difficult for victims to divulge the necessary information to authorities in case of rape. People should possess the ability to detect inappropriate behaviour during social gatherings or isolated encounters with strangers. They should also have the courage to report strange and inappropriate behaviour to relevant authorities.

References

Bonnycastle, K. (2012). Stranger Rape: Rapists, Masculinity and Penal Governance. Toronto: University of Toronto Press.

Cahill, A. (2001). Rethinking Rape. Newyork: Cornell University Press.

Freedman, E. (2013). Redefining Rape. Cambridge: Harvard University Press.

Heilbrun, A. (2004). Disordered and Deviant Behavior: Learning Gone Awry. Newyork: University Press of America.

Introduction: The Definition of Rape

Rape is one of the most common forms of sexual crime in the society. This sexual crime involves at least two people. Some of the acts that characterize rape include inappropriate touching, attempts to engage in sexual intercourse without mutual consent, and child molestation. In addition, one of the parties involved in rape forces his or her will on an unwilling person (Freedman, 2013).

In the current society, the definition of rape has become broader due to the nature of rising sexual offences. The perpetrator penetrates the victims body with a sexual organ or any other object (Freedman, 2013). The sexual act takes place when the victim succumbs to force, coercion, and any form of duress. Perpetrators also use psychological oppression and take advantage of the victims by using drugs for intoxication. Rape takes place when a person is not capable of giving any form of genuine consent due to prevailing circumstances (Eriksson, 2011; Freedman, 2013).

The Dynamics of Rape

Rape is a multifaceted, dynamic phenomenon that has a variety of consequences. For instance, radical social perceptions differ from liberal social perceptions. As such, legal definitions and views on rape dinamics also keep on changing depending on the perception of the existing law enforcing agencies. Mischaracterization and differing perceptions pose major challenges when addressing rape issues. Peoples popular opinion on this matter varies depending on their perceptions and choice of action. Having clear frameworks that outline the act of rape is of fundamental importance. This independent and clear outlook safeguards the victims from challenges that come with mischaracterization and wrong interpretation of the law. Rape is a grave crime that has severe consequences on the life of victims. Victims find it difficult to cope with its emotional and psychological scars. This premise is an important impetus when creating modalities to harness right frameworks of addressing this social vice. Some of the dynamic aspects affecting rape issues are socio-cultural factors, personal, and psychosocial factors.

Socio-Cultural Factors

The society is responsible for defining the nature of laws and principles that impose munishment for a definite crime. This serves to ensure that the citizens feel safe and are far from harmful acts that endanger their lives. A society that does not have clearly defined principles exposes its citizens to risky behaviors that promote harmful acts such as rape.

Cultural background of rape victims is a major determinant when addressing this vice. For example, a society that views women and children as secondary human beings or subjected to men is less likely to address rape as a major crime when compared to a society that advocates for equality between men and women.

Personal and Psychosocial Factors

A person is a recognizable individual entity existing within a social framework. As such, a person enjoys certain privileges and rights allowed by the state and society. Societies inform a person about his or her rights and define his or her roles within the social framework. Serving this purpose implies that peoples general outlook on issues is influenced by the wider societys perspective on various subjects.

In this case, a society that holds rape as a subjective issue will not give this case the needed urgency and necessity. As a result, rape victims might end up not reporting such cases due to the fear of stigmatization. In some communities, the victims find it difficult to accept themselves because of the views held by the wider community. Liberal societies that view rape as a crime or assault create a dominant stand against it (Madan & Sinha, 2013). On the contrary, a radical society that considers rape to be only a mans role creates a very subjective perception (Madan & Sinha, 2013). In radical societies, rape is a social taboo that does not find its way into the public domain. As a result, victims do not report it because of the scars and trauma.

Having a personal understanding on the subject of rape is both enlightening and empowering. Persons who have such information cannot withstand psychosocial constructs that permit this social vice from persisting. This information empowers a person to make individual decisions that are concise and articulate to address this social vice (Odem & Clay-Warner, 1998).

Prevention of Rape

Various forms of rape exist in the modern society. Some of the common forms of rape in the society include date rape, acquaintance rape and violent rape. One of the most popular questions regarding rape is how to prevent it in the society. Prevention starts with understanding of the causes. Essentially, information regarding causative factors is critical in preventing cases of rape. Massive campaigns against rape can be a great starting point.

Secondly, enacting laws that protect rape victims and punish the perpetrators is another practical step. People need to understand the consequences that come with rape as a punishable offence. Instilling moral values in schools and carrying out public awareness campaigns is another step that is instrumental in preventing rape.

Conclusion

In conclusion, rape is a harmful social vice that can portray a society negatively. However, the society can deal with this menace through instilling practical moral values that give way to acceptable human standards. Thus, when the society collectively embraces this approach, issues of rape will no longer be a worrying subject.

References

Eriksson, M. (2011). Defining Rape: Emerging Obligations for States Under International Law? Boston: Martinus Nijhoff Publishers.

Freedman, E. B. (2013). Redefining Rape. Harvard: Harvard University Press.

Madan, V. K., & Sinha, R. K. (2013). The Dynamics of Rape in Modern Indian Society. International Journal of Juridical Sciences (4), 81-87.

Odem, M. E., & Clay-Warner, J. (1998). Confronting Rape and Sexual Assault. New York: Rowman & Littlefield.