Category: Rape

Date Rape: The Factors, History And Preventions

Pondering about date rape isn’t the most pleasant thing to do, but necessary when willing to protect oneself and the people they love. “25% of the revealed date rape assaults are done by somebody near the person in question, for example, a current or ex or sweetheart, or even an ex-mate” (Santora, 2018). Date rape is a type of associate assault and dating brutality. Prime characteristics of this violent crime are manipulation, violence, pressure, abuse of substances, threats, amongst many others. Furthermore, consent is to be discussed as the focal point in “date rape” crimes. If the victim clearly or even vaguely expressed in any form, verbal or physical, rejection towards the sexual advances by the offender or is unconscious to do so, and the offender disregarded such warnings or flags, the principle of consent was violated and undermined, resulting in the criminal act of “date rape”. The two expressions are regularly utilized conversely, yet date rape explicitly alludes to an assault where there has been a type of sentimental or possibly sexual connection between the two gatherings. Date rape done by a peer additionally incorporates assaults in which the person in question and culprit have been in a non-sentimental, non-sexual relationship, for instance as co-workers or neighbors. Date rape is especially present on college campuses, where it as often as possible happens in circumstances including liquor or other date rape drugs. The thing about date rape is that it is most oftenly done by someone known to the victim, making it hard to expect that something like this would happen to somebody. Date rape mostly happens among undergrads when liquor is involved, or date rape pills are taken. One of the most targeted ages for ladies are between the ages of 16 to 24. The idea of date assault is moderately new. Truly, date rape has been viewed as less genuine than assault by a stranger, be that as it may, since the 1980s, it has been progressively comprehended to be a genuine societal issue that establishes most of assaults in certain nations.

To understand and know the history of date rape we first have to look at the origins of rape as well as men and their actions. Rape caused by men to women has been known to exist since the beginning of time across all cultures and throughout history. Rape has been known to occur in all kinds of species. From mammals to insects. In the animal kingdom, male animals’ rape to maximize their chances of spreading their genes. It has been researched that male chimpanzees use intimidation and aggression to mate with females’ chimpanzees. The public became aware of rape with the publication of Brownmiller’s book called Against our will: Men, women, and rape. This book talks about how men keep women in a state of intimidation and fear by dominating in economics, politics, and other careers. There are various types of rape like war rape, prison rape, statutory rape, date rape, between others. Date rape is especially controversial to society because it occurs within a relationship.

When looking at the internal and external stakeholders of date rape, one may be surprised to find that the crime not only affects the lives of the victims, but nearly everyone around them as well. A breakdown of those involved in date rape would include the rapist, the victim, the victim’s loved ones, as well as anyone else the victim decides to share their experience with. It is seemingly obvious how the victim and rapist would be involved in the crime, but when it comes to surrounding parties, like the victim’s loved ones, the relationship is not as direct.

Because date rape is committed by a significant other, more often than not, the individual is in shock as to what took place and needs time to register what happened. This may cause changes in the victim’s behavior, like depression and isolation, which may cause those around them to behave or react to these changes differently as well; some may not know how to help the victim, so they just stop interacting with them entirely. Moreover, it may take time to open up about such an experience and some individuals might even feel a bit of embarrassment, so when an individual finds the strength and courage to finally share their experience with family and/or friends, it is important that they are listened to attentively and given all the support that they need. Because there is always the risk of not being believed by family and friends, or they don’t feel the need to take the situation as serious as it needs to be taken, this can, in turn, cause the individual to feel estranged and helpless; essentially creating an unhealthy environment in which it is difficult for the victim to adjust following the crime.

These internal and external stakeholders can contribute to both the problem and solution in crime and criminal justice because any of these responses towards an individual after listening to them share their experience can either influence them to stand up for themselves and their rights and seek justice or cause them to feel more down and out and send them into a deeper depth of depression. Furthermore, one way these relationships between the victim and these external parties could be helpful to these crimes in terms of criminal justice would be raising awareness. Victims and their families or loved ones could help raise awareness of these crimes as well as encourage more leaders and institutions to teach others about the significance of consent, and how important that concept is, even within a romantic relationship. Once there is a universal understanding of what proper consent is, there will be no more loopholes for the rapists to get through and avoid proper punishment, and no more making excuses in support of these acts no matter the circumstances, because everyone will know that consent is something that must be given, each time, and not something to be expected.

In cases dealing with rape the victim will most of the time go through a traumatic feeling and will distance herself from everyone around her. They will start having a scenario where they’ll be depressed, discomfort, and it can even lead to suicidal thoughts. Studies show that these victims tend to not even speak up about what they went through and keep silent since they believe that nobody will believe them or be blamed for the traumatic event. Most of the people that commit the crime go unpunished which is another reason why the injured person doesn’t seek out any type of help. Studies also show that the chances of going through a sexual assault increases once the victim has gone through that matter. It’s even more tragic that if you’re an undergraduate it can happen to you even more than usual at a shorter period of time than other victims. The victim can be male or female just depending in the situation. Research shows that males tend to do sexual activity in any means necessary by forcing a female into sex which would fall into the category of rape. Although less likely in a physical forceful way, females also have sexual assaulted but in verbal persuasion. The attributes when it comes to rape shows the responsibility is more towards the rapist and the fault to the victim are often low.

Rape is defined as sexual intercourse or activities against a person will, with a person that in underage or a person that hasn’t provided consent due to a number of serious reasons. While researching rape statistics the number of statics in the U.S alone were concerning. In just the U.S, at one point in their lives, one out of five females will be raped. The term to really look at is will be. Statistically speaking that can still be avoided. Rape is the most under-reported crime; 63% of sexual assaults are not reported to police, according to Get Statistics. It makes one wonder why? Survivors of rape or date rape don’t always come forward to report the crime. As stated by the Maryland Coalition Against Sexual Assault, A survivor’s relationship with the offender has a strong effect on the likelihood of reporting. As students studying criminal justice, we should find ways to reach out and protect people and help the victims. Train more personal on signs of someone who has survived sexual abuse and may be threatened or afraid to come forward.

Some solutions to the prevent date rape from happening include the usage of items that can be put in the liquid that one is drinking that can detect if the drink has been drugged, not accepting drinks from others, campaigns to teach about date rape and how to prevent it, campaigns that spread awareness about it, and many other more things can be done in order to see the number of people affected by date rape decrease over time. The main thing to do is spreading awareness about date rape and how it happens and what are some necessary steps to take in order to prevent it from happening to oneself. By spreading awareness people will be more educated about how horrible date rape is and injustice will decrease in date rape cases and more people will be helped because more people are informed about the topic.

There has been sometimes injustice in trials by the accused not being charged appropriately and by spreading awareness more people will hopefully act correctly now that they know how horrible it is and will help does who are affected by date rape. There have also been companies that have made items that are made to detect if one’s drink has been drugged in the case that the person feels like their drink could have been drugged and prevent anything bad from happening to the person. Making these items more accessible to people would drastically help decrease the numbers of date rape and other horrible crimes.

Citations/References

1. An Updated Definition of Rape. (2017, April 07). Retrieved from https://www.justice.gov/archives/opa/blog/updated-definition-rape
2. Davis, R.C., Brickman, E. & Baker, T. Am J Commun Psychol (1991) 19: 443. https://doi.org/10.1007/BF00938035
3. England, D. C. (2014, June 24). Date Rape. Retrieved from https://www.criminaldefenselawyer.com/resources/date-rape.htm
4. Get Statistics. (n.d.). Retrieved from https://www.nsvrc.org/node/4737
5. Grubb, A., & Harrower, J. (2009). Understanding attribution of blame in cases of rape: Ananalysis of participant gender, type of rape and perceived similarity to the victim. Journal of Sexual Aggression, 15(1), 63–81https://doi-org.db16.linccweb.org/10.1080/13552600802641649
6. Maryland Coalition Against Sexual Assault. (n.d.). Retrieved from https://mcasa.org/
7. McKibbin, W. F., & Shackelford, T. K. (2011). Women’s avoidance of rape. Aggression and Violent Behavior, 16(5), 437–443. https://doi-org.ezproxy.fiu.edu/10.1016/j.avb.2011.03.010
8. P, Kim. “Date Rape Statistics.” CreditDonkey, 22 Aug. 2018, www.creditdonkey.com/date-rape-statistics.html.
9. Santora, Tara. “All about ‘Date Rape’ Drugs.” Scienceline, 19 Dec. 2018, scienceline.org/2018/12/everything-you-need-to-know-about-date-rape-drugs/.
10. Vagianos, A., & Vagianos, A. (2017, April 06). 30 Alarming Statistics That Show The Reality Of Sexual Violence In America. Retrieved from https://www.huffpost.com/entry/sexual-assault-statistics_n_58e24c14e4b0c777f788d24f

Rape: Reasons, Impacts And Preventions

Rape is known as a type of sexual assault which involves sexual intercourse or different structures of sexual infiltration carried out with a person without their assent. The action may be carried out by using physical force,coercion,

Maltreatment of power or against a person who is incapable of giving valid consent, such as one who is unconscious,incapacitated,or even someone who is has scholarly inability or the specific individual is below the legal age. The term rape is similarly known as sexual assault.Moreover,the victims of rape and sexual assault comes from a wide range of the society. For instance,gender,ages,sexual orientations, ethnicitities, geological areas, societies and degrees of impedance or incapacity. The World Health Organization defines rape as a way of sexual assault while the Centers for Disease Control and Prevention defines rape as a form of sexual violence. They records different demonstrations of coercive, non-consensual sexual action that could possibly incorporate assault, including drug-encouraged rape, acts in which an unfortunate casualty is made to enter a culprit or another person, inebriation where the injured individual can’t assent because of crippling or being oblivious, non-physically constrained infiltration which happens after an individual is influenced verbally by terrorizing or abuse of power to power to assent, or finished or endeavored constrained entrance of a victim by means of undesirable physical power counting utilizing a weapon or taking steps to utilize a weapon.In addition,rapes can be divided into many categories,this also includes the relationship the perpetrator to the victim and setting of the rape. The types of rapes are such as date rape,gang rape,marital rape,incestual rape,child sexual abuse,prison rape,acquaintance rape,war rape and statutory rape. Not forgetting, forced sexual intercourse can be done over a time period.

EXPLAINATION ABOUT GANG RAPE

Gang rape is one of the major type of rape which happens frequently among the society in the present. Gang rape happens when a group of people jointly trying to rape a single victim. Gang rape happens when there is more than one rapist,in most cases its normally at least three people. This information is recorded from the worldwide data. According to a research,it shows that rapists ans the victims involved in the gang rape cases are younger and mostly unemployed compare to the one who gets raped by a single person. Moreover, the gang rape mostly happens when the rapist are drunk or influence by drug of the same race or religion or spot of living arrangement in this way framing an affectionate friend weight gathering, supported by the conduct of their kindred hoodlums.In addition, the research also finds that gang rape are more violent compared to the single sexual assault. The rapist who is involve in the gang rape mostly dehumanize their targeted victim before or during the rape.Gang rape carries the same meaning as group rape, multiple perpetrator rape and party rape according to the scholarly literature. The term of gang rape was introduced by Bernice Sandler.

THE IMPACTS TO THE VICTIM

PHYSICALY

The presence or absence of physical injury can be used to identify whether a rape is occurred.Someone who have experienced sexual assault but have not suffered from physical trauma may be less inclined to the report. Rapist mostly wont be using condom but in some cases yes they use that. Basically,condom reduces the chances of the woman involves from getting pregnant and from getting any disease from the partner from both the victim and rapist. The reasoning of using condom are to avoid contracting infections or diseases,especially HIV. In the case of sex workers or in a gang rape,it actually avoid infections or disease from the rapists. It also prevent from leaving evidence regarding the gang rape. The consequences for victim is not considered as an important factor.

EMOTIONAL AND PHYSOLOGICAL

Mostly, there Is a chance that the victim may not know on what happened to them is a rape. Some may stay trying to claim ignorance for quite a long time afterwards. Confusion about whether or not their experience establishes assault is average, particularly for casualties of mentally pressured assault. Women may not tell it out that they are raped for many other reasons,such as the feel shame and embarrass on what happened to them.The open sees these practices as ‘unreasonable’ and along these lines, as proof of a deceptive lady. Not everyone can forget things easily,some of them may suffer from anxiety, depression and nightmares on what happened to them. Moreover, the rape survivors summed up tension issue, may create one or more specific phobias, major burdensome issue, and may encounter challenges with continuing their public activity and sexual functioning for a specific period of time. Not forgetting,the victims who got raped have a high chance of committing suicide. Another impact of assault and rape is the pressure made in the individuals who study assault or advice the survivors. This is called vicarious traumatization.

SEXUALLY TRANSMITTED INFECTIONS

The individuals who have been assaulted have generally more regenerative tract contaminations than those not been raped. HIV can be transmitted through assault. Getting AIDS through assault puts individuals danger of enduring mental issues. Securing HIV through assault may prompt the in practices that make danger of infusing drugs. Acquiring explicitly transmitted contaminations builds the danger of procuring HIV. The conviction that engaging in sexual relations with a virgin can fix HIV/AIDS exists in parts of Africa. This prompts the assault of young ladies and women. The guarantee that the fantasy drives either HIV disease or tyke sexual maltreatment in South Africa is contested by researchers Rachel Jewkes and Helen Epstein.

VICTIM BLAMING, SECONDARY VICTIMIZATION

Society’s treatment of exploited people can possibly fuel their trauma. People who have been assaulted or explicitly attacked are here and there accused and considered in charge of the crime. This alludes to the just world fallacy and rape fantasy acceptance that certain injured individual practices,For example, being intoxicated, flirting or wearing sexually provocative clothing may empower rape. In numerous cases, unfortunate casualties are said to have ‘requested it’ due to not opposing their strike or abusing female sex expectations. A worldwide review of frames of mind toward sexual viciousness by the Global Forum for Health Research shows that unfortunate casualty accusing ideas are at any rate halfway acknowledged in numerous nations. Ladies who have been assaulted are some of the time esteemed to have carried on inappropriately. As a rule, these are societies where there is a critical social gap between the opportunities and status stood to people.

WAYS TO OVERCOME THIS PROBLEM

Firstly, they can share their feelings with someone they trust and feel comfortable with it. Although, its normal that womens don’t talk about their rape,but then the sad truth is they cant heal if they don’t share with anyone else. But you can’t heal when you’re avoiding the truth. And hiding only adds to feelings of shame. As scary as it is to open up, it will set you free. However, it’s important to be selective about who you tell, especially at first. Your best bet is someone who will be supportive, empathetic, and calm. If you don’t have someone you trust, talk to a therapist or call a rape crisis hotline. The victim can also consider in joining a support group, this will help the other victim.By joining the group the victim can feel better and less insecurities.

Secondly, they have to cope with feeling of guilt and shame. Sometime later, it’s anything but difficult to re-think what you did or didn’t do. Be that as it may, when you’re amidst an ambush, your cerebrum and body are in stun. You can’t think obviously. Numerous individuals state they feel ‘solidified.’ Don’t pass judgment on yourself for this common response to injury. You did as well as could be expected under outrageous conditions. On the off chance that you could have halted the ambush, you would have. One of the most troublesome things to manage following an attack by somebody you know is the infringement of trust. It’s normal to begin addressing yourself and thinking about whether you missed cautioning signs. Simply recall that your assailant is the just one to fault. Try not to pummel yourself for expecting that your aggressor was a better than average individual. Your assailant is the person who should feel remorseful and embarrassed, not you. Notwithstanding the conditions, the one in particular who is in charge of the attack is the culprit. You didn’t request it or merit what befell you. Dole out obligation where it has a place: on the attacker.

Thirdly, after the rape the victim mostly wont be connected with anyone. You may feel tempted to withdraw from social activities and your loved ones. But it’s important to stay connected to life and the people who care about you. Support from other people is vital to your recovery. But remember that support doesn’t mean that you always have to talk about or dwell on what happened. Having fun and laughing with people who care about you can be equally healing. The victim can join in many other social activities even if they don’t like it. They should try to be normal with the other people.They can also try getting back with their friends. They can take some effort to interact with them. The victim can also make new friends. Mostly after the rape the victim will be feeling lonely,so by making new friends they will be connected with the society.

Lastly, the victim can always nurture themselves. Recovering from a sexual trauma is not a joke and it doesnt happen in just a day. It is not easy for them to throw all the memories just like that. It is maybe easy to tell but then its really hard for them to stand in that situation. Not forgetting,there are steps to overcome that problem. They should take enough rest to restore their body balance. That implies taking a break when you’re worn out and staying away from the impulse to lose yourself by dedicating yourself completely to exercises. Abstain from doing anything enthusiastically, including working. In case you’re experiencing difficulty unwinding and letting down your gatekeeper, you may profit by unwinding procedures, for example, contemplation and yoga. The victim must also take care of them physically, which includes their diet. They can exercise and take enough rest. It is also better if they avoid getting influence by alcohol and drugs. Taking this will make them weak physically. They then tend to get addicted to it.

HOW TO PREVENT RAPE FROM HAPPENING

Firstly,women should listen to their intuition when they are going somewhere alone, especially at night. Although, you know that you are fully protected from potential sexual assault.It is good and important to avoid dangerous situation. They should always be aware on their surrounding no matter how much they trust that person with them.Its better if they avoid using isolated area alone. They should also walk confidentially eventhough they are not sure with the place they are. Everyone should keep their phone charged, especially when they are going out alone. This mostly, refers to womans. It is normal to go out with your new friends in this generation but then you should always have an eye on that person because you don’t really know their intention. Most importantly, you should never ever play music and wear your headphones when you are walking alone.

Secondly, The victim can always reduce taking risk in many situation. It especially refers to social situations. Mostly, joining night parties and social events such as birthday parties and annual dinners. In this kind of situation,they tend to stay back with their friends. Normally, with friends they are forced to drink although they have no interest to do it. The women especially, don’t really know the real intention of the people around them. This actually gives the rapist a chance to take advantage over that specific person. Its better if we don’t really accept drink from any stranger or someone you meet for a short time of period. This will reduce the chance of the rapist taking advantage over them.

Thirdly, we should always have a limit for us. We should be careful about what we are posting in our social medias. Revealing too much information in social media can be a big threat for us maybe not now but there is always a chance to happen. There is lots of application that can be used to track our location.For instance,Foursquare. This application can actually track us and show the location on where are we. This can be used in emergency situation but then it is actually dangerous for a stranger to track our location. So as a precaution we should always turn off the location feature from mobile application on our phone before going out anywhere.

The Importance Of Sexual Assault Kits

Throughout the United States there has been thousands of untested rape kits that have not been submitted by the police for forensic DNA testing. And although to some it might sound alarming to others the police wich are the people that should be in charge and the ones people believe in to do their job they are consciously aware of this and they are setting this issue aside. This problem has been happening for a long time and it is causing more trauma to the victims. According to Rebecca Campbell, Why Police “Couldn’t or Wouldn’t” Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits, “ This “new” problem of untested rape kits is actually a rather old problem: untested SAKs (sexual assult kits) have been accumulating in police storage facilities for decades because the criminal justice system has not dedicated sufficient resources to combat sexual violence, which is due in no small part to entrenched gender, race, and class biases about rape and credibility of rape victims.” This is an obvious issue because these criminals who are raping are walking around perhaps making more offenses. And the victim waits to one day get their justice on something that is not being looked at or taken as a priority to combat against these rapist.

For starters, DNA evidence is a very helpful tool in which it helps indentify offenders through DNA matches across cases. And if they do not match then in some cases it may help exonerate people who were wrongfully accused and convicted for a crime they never committed. Now the main factor in the DNA evidence in why it is such an important thing police do is because the victim waits on the other side for his or her offender to be convicted. Although the main problem is that many city’s lack resources, personale and money to test and investigate reported rapes. And this creates the issue of cases accumulating and never getting tested for years. Now the bigger problem is that if these rape cases get tested if more than 10 years have passed the statue of limitations will not allow to proceed with the case after 10 years. That’s why it is very crusual for investigators to test these rape kits and investiate the case because if the person who raped is found and not convicted within the 10 year frame the victim will not be able to get their justice. Although the law varies from state to state according to Brittany Ericksen “There are states that have a DNA exception to the statute of limitations. Though the specifics vary from state to state, a DNA exception allows for the tolling of a statute of limitations in cases where a perpetrator is later identified through DNA evidence. As of the date of 2013 , 27 states have some form of a DNA exception that extends the time limit for prosecuting the offense.” And although this may be helpful it does not mean that it is easy because of the amount of untested rape kits their is.

Moreover, as Campbell says, “Conservative estimates indicate there are at least 200,000 untested SAKs (sexual assault kits) in U.S. police departments, and large stockpiles of kits have been documented in over five dozen jurisdictions.” This is an issue that can not be overlooked at and it is unacceptable to society. It is important for the police to test these rape kits because in a way it is telling the victim that the police care for them and that they will help them get their justice. Not only that but testing the dna evidence can also help in other cases because it can connect the suspect to other crime scenes. And it can stop the backlog from accumulating and serve justice for the thousands of victims who will always remember their tragic event.

Furthermore, a woman that has gotten involved in this issue and is trying to make an impact for these rape kits to get tested and end the backlog of them is Mariska Harigatay. Many may know her as an actress who plays in law and order she made a film called “I am Evidence” which opened a window to people seeing how not city’s but the nation was not doing nothing to help these victims. It is an eye opening film for the public because it shows how it is not just about rape kits it is about people getting impacted by the perpatrator and the justice system simply setting them asside. This film brings positive atributes for society for women to not keep quiet and changes the “Me Too” movement. According to Alejandra Reyes-Velarde in, Mariska Harigatay examines subject of untested rape kits in new documentary, “By saying this is no longer acceptable and we now have a community that can support this fight, all the women that have gone before us in this effort can see we’re finally in this movement of seeing action and people being held accountable for misconduct. Mariska Harigatay made a big impact on people because by making this film and bringing awareness it helped women to speak up and not stay quiet weather it had to do with rape or domestic violence.

Overall, untested rape kits is an alarming issue people should be aware of and it brings a set of different emotions to different people. This issue reaches every ethnicity, religion, sexuality and beyond because rape can happen too anyone at any age and time. Rape can happen to the poor and the rich it doesnt reach any limitations and it is important to be aware of it happening and help the ones in need. It is important to fight for these women and men so they can see the perpetrator get sentenced so it does not happen to any women or men again. Not only that but it is important to test these rape kits because their could be someone serving a crime that they did not commit and the real person that commited it can be out in the public commiting more offenses. A great example of getting wrongfully convicted is the central park 5 teenagers who got convicted and served time for a rape they did not do. It is not just about the rape kits it is about justice and about getting the right person in custody so they get prosecuted for the wrong they did. The central park 5 had a huge impact on the african american race and the justice system in one hand the racism because they were “black teenagers” in the park during the time of the incident which it turned out they were no where near the location of the woman who got raped. And in the other hand there is the justice system who was desperate of these rapes happening that they became desperate to convict these teenagers who had nothing to do with the crime. This is why it is very important to avoid wrongful convictions and investigate and test these rape kits.

Taking everything into account, this subject of rape has been happening for decades and to the most part to woman. This relates to history because it is something that has always affected women in every race and age and has impacted them in numerous ways. Women should not just be seen as a sexual object but as a powerful human being who fights and does not give up one who is a role mother and a symbol of empowerment. And to be able to achieve this we have set aside how they look or where they were when the rape happened because they did not ask for it. It is time for the public to be aware of these issues and help women and not look them down of feel sorry because they got raped. It is time to help women by speaking up about why they are not testing the rape kits ad to start because these convictions need to happen.

Citation

1. Campbell, Rebecca. “Why Police ‘Couldn’t or Wouldn’t’ Submit Sexual Assault Kits for Forensic DNA Testing: A Focal Concerns Theory Analysis of Untested Rape Kits.” Giannina Fehler-Cabral,March1,2018. http://eds.b.ebscohost.com.ezproxy.hartnell.edu/eds/pdfviewer/pdfviewer?vid=5&sid=53a87e2e-0d33-430d-8c21-9c5f2c1db8ed@sessionmgr101.
2. Ericksen, B. (2013, August 21). A State-by-State Comparison. Retrieved December 2, 2019, from https://victimsofcrime.org/docs/DNAResource Center/sol-for-sexual-assault-check-chart—final—copy.pdf?sfvrsn=2.
3. Reyes-Velarde, A. (2018, April 7). Mariska Hargitay examines subject of untested rape kits in new documentary.Retrievedfrom https://www.latimes.com/entertainment/tv/la-et-mariska-hargitay-hbo-20180407-story.html

Where Are You Going Where Have You Been Analysis

Introduction to Connie’s Character and Family Dynamics

In the short story, “Where Are You Going, Where Have You Been” by Joyce Carol Oates, Connie, a 15 years old who is protagonist, is constantly worried about her appearance. Her mother and aunts scolds her for simply admiring herself in the mirror and her looks, however Connie disregards her family’s critiques. She hates them for always nagging about her, but she hates it more that her mother doesn’t stop. Connie’s mother tells her to be safe and accountable like her older sister, June. This does result in a negative impact on Connie’s self-esteem. June is 24 years old and still living at home with her parents serves as an intern secretary at Connie’s high school. She is saving money, helping her parents, and constantly gaining respect for her wisdom, while Connie is wasting time with thoughts about her looks and occupied with her looks. Her father works 24/7 and rarely speaks to his kids, meanwhile their mother never stops nagging, and bothering Connie. Connie is so upset that she tends to have morbid thoughts of her mother being dead. Oates decided to write this short because she was inspired by Bob Dylan song, “It’s All Over Now, Baby Blue.” Oates uses foreshadowing, symbolism, and allusion illustrates her interest in the various sexual tragedies women faced during the 1960’s.

To begin with, Oates used of foreshadowing demonstrates her intention in writing this short story. It shows her curiosity in the different sexual awakenings faced by women in the 1960s, and the influence she got from Bob Dylan music. Foreshadowing is a literary device in which an author provides an advance hint of what may happen later on in the story. This literary device can occur in the beginning of a tale allowing the reader to formulate their own expectations of future events. For instance, “Most of these scholars are intent on reading past the author’s evocatively realistic portrait of a self-absorbed teenager, Connie, who is lured to almost certain sexual violation and death by the at once seductive and menacing Arnold Friend, in order to unpack, among other things, the story’s fairy-tale hermeneutics, its allegorical allusions, or its intertextual references” (Dickinson, 2008). The character Arnold Fiend is a profoundly sinister antagonist in the story a man who claims to be a young boy in his efforts to kidnap, rape, and assassinate Connie. She first encounters Friend when she saw him a couple feet away inside a cafe and mouth to her ‘Goanna get you, baby,’ (Oates). Throughout the story, it becomes clear that he is very manipulative and his behavior is disappointing. He uses Connie’s love of music not only to make himself look like a charming ideal follower in order to distract her from the horror of his words. He also used makeup and shoes and stuffs his boots with socks to make him look quite younger and bigger. These are all a part played a role in ruining Connie’s innocent life. Arnold Friend impliedly, raped and killed Connie.

The Sinister Character of Arnold Friend: Manipulation and Threat

There is an interesting interpretation of Connie’s personal life over the duration of his unjointed discussion, including parallels to biblical verses. At that very moment Friend seems to know exactly what Connie’s father is doing. Which sounds awfully creepy and just allows the audience to perceive him as an antagonist. This makes it seem Friend has an evil spiritual himself making it an awful supernatural force. His name “Arnold Friend” is a symbol of foreshadowing because of his last name, “Friend.” If someone were to be innocent and actually have pure intentions, why would their last name coincidentally be “Friend” in a short story? This was intentional by Oates, and based on the given evidence it is certain that the name was a hint to the audience that something awful was going to happen. The foreshadowing emphasized the various sexual tragedies faced by women during the 1960’s, and her inspiration from Bob Dylan’s song.

Furthermore, Connie was a direct symbol of rejection of societal female norms, that Oates does illuminate throughout the story. Oate’s main purpose of this short story was to show the equality among females and males, and this connects to the social revolution that began during the 1960’s.

“Oates depicts female abusers alongside male abusers and thus departs from the strictly (and stereotypical) male-on-female pattern of abuse. Freaky Green Eyes centers on Franky Pierson, a teenager who witnesses her father’s escalating abuse of her mother. In this novel, Oates shows the relationship between a mother and daughter who are both victims of domestic abuse. Looking at these two novels side by side illustrates how Oates’s literary portrayals of intimate abuse reflect broader social perspectives about the myriad problems related to it as they have changed over the almost 20 years between these two novel’s respective publication dates. Solstice and Freaky Green Eyes are interesting cases because their dissimilar endings help signal a paradigm shift in how society’s views about domestic violence have changed over this time span.” (Humann, 2009.)

This quote shows that Oates depicts Connie as a symbol of rejection of societal female norms because she refused the position of a sister, daughter, and being a sweet person. Basically since no one in her family supports her in any way or form. She always teases her older sister June and is constantly at odds with her parents, mostly her mom. Typically, she is an adolescent: her looks are obsessive, her music is heard, her friends are hinged, her sexuality flirts with boys. She is very pleased about the attractiveness of boys and men. Connie’s style, the way she walks and laughs in a particular way make her sexually appealing, even when such mannerisms are only temporary. She does all of this to try to escape her reality and pretend everyone else is important, this was one of the reasons why the treatment that women used to receive back then was different.

In addition to that, in Bob Dylan’s song called “It’s All Over Now, Baby Blue,” he sings “The vagabond who’s rapping at your door, Is standing in the clothes that you once wore, Strike another match, go start anew, And it’s all over now, Baby Blue” (Genius, 1965). This draws the connection between the character Arnold Friend by reflecting many aspects of Dylan himself. Dylan and Arnold were visually doubled in their wild hair and their low status, but more specifically in how every guy is treated by girls and women.

Rejection of Societal Norms and the Feminist Movement

Dylan was somehow thought to be an otherworldly character in the 1960s, he may even be considered a kind of Prophet. This leads to a darker version of Arnold Friend within the story. He went to take Connie’s house in order to take her as a hostage since she cannot really challenge him. Connie mentions at one point that Arnold’s voice sounds like the Radio DJ’s voice, Bobby King. The first name of the DJ is a link with the nickname of Dylan, and DJ presence in the world of music evokes the name of Dylan. This is an example of an allusion, a brief and indirect reference to the historical, cultural, literary or political meaning of a person, place, thing or idea. The person or thing the author refers to is not described in detail; which is exactly what the correlation and relationship with Bob Dylan’s song depicts. Not only is this an allusion but it is a form of symbolism of the feminism movement. A great example that shows this is:

“These theoretical trends have their counterpart in feminist literary works which employ film techniques, and here few contemporary American writers are more central or challenging than Joyce Carol Oates, whose novels and short stories are notable for their often violent depiction of the predicament of women in patriarchal culture. As Eileen Teper Bender observes, Oates’s novels include cinematic narrative structure evident in such textual devices as fragmentary narrative, flash-backs, and freeze-frames (63, 75, 76, 88-89) and plots that are based on characters’, ‘celluloid fantasies’ (Wesley, 1999).

Violence, Inequality, and the Struggle for Women’s Rights

Oates’s fiction has received two film treatments: a 1996 version of her 1993 novel Foxfire and Joyce Chopra’s 1992 Smooth Talk, an adaptation of the 1966 well-known story ‘Where Are You Going, Where Have You Been?’ Oates’s even shows interest in how media representation operates is her own New York Times review of Smooth Talk in which she explains that the ending of her story is a ‘conclusion impossible to transfigure into film’ because the ‘writer works in a single dimension, the director works in three” (Wesley, 1999). Oates purpose of this short story is to illustrate the tragedy females faced back then was incredibly violent. She considered it as a “feminist inquiry” only because women’s rights were advancing yet their sexual rights were still being taken advantage of. This is the time period when women were beginning to take a stance on the double standards that are applied to men and women. During this time, a social revolution began in which women fought against men to obtain their independence. But also their sexually, emotionally, mentally.

Adding on, Oates short story “Where Are You Going, Where Have You Been?” is a violent and graphic story. But don’t be surprised it was intended to be written this way. She wants to emphasize the inequality of men and women, and at the same time she is bring forth her feminist beliefs that should be known to society. To show this example,

“Yet Johnson’s discussion of Oates’s use of the gothic or postmodernism might have been strengthened by more attention to relationships between gender and genre. As Elaine Showalter demonstrates in Sister’s Choice, the gothic genre is highly gendered, which should be acknowledged when identifying Oates’s place in that particular tradition. Although Johnson recognizes that gender is relevant to Oates’s ‘postmodern allegory,’ he does not fully explain what these terms mean: what, for example, makes Raven’s Wing (1986) and Heat (1991) postmodernist allegories, and how are these collections simultaneously feminist and postmodernist? ….. as a trilogy, an oversight that hampers his analysis” Oate’s use of such obscene violence in “Where Are You Going, Where Have You Been?” (Daly, 1997.)

In the part, in which it was implied Connie was being raped, and tortured which is the intended message she was going to show the audience. The overall message with her imagery and great ideas shows the idea of women enduring so much and always being manipulated, and silenced while men take advantage of them. Arnold Friend is a complete stranger who was constantly watching and possibly stalking Connie the entire time, and of course Connie is a young girl who enjoys male attention. She was taken advantage of by Arnold Friend due to her outward behavior and innocence. This all correlates or helps to show what men have been doing to women for years and it will keep going if there is no change. Oates is definitely an advocate for this social issue because it is an issue that we still face in 2019.

Foreshadowing and Symbolism: The Role of Arnold Friend

In the short story “Where Are You Going, Where Have You Been?” by Joyce Carol Oates, reveal and showed that Connie’s true maturity and heroism. To emphasize this point she writes,

“Just for a ride, Connie sweetheart.’ ‘I never said my name was Connie,’ she said. ‘But I know what it is. I know your name and all about you, lots of things,’ Arnold Friend said. He had not moved yet but stood still leaning back against the side of his jalopy. ‘I took a special interest in you, such a pretty girl, and found out all about you, like I know your parents and sister are gone somewhere and I know where and how long they’re going to be gone, and I know who you were with last night, and your best girlfriends name is Betty. Right?’ He spoke in a simple lilting voice, exactly as if he were reciting the words to a song. His smile assured her that everything was fine… ‘But I promise it won’t last long and you’ll like me the way you get to like people you’re close to. You will. It’s all over for you here, so come on out. You don’t want your people in any trouble, do you?’ She turned and bumped against a chair or something, hurting her leg, but she ran into the back room and picked up the telephone. Something roared in her ear, a tiny roaring, and she was so sick with fear that she could do nothing but listen to it—the telephone was clammy and very heavy and her fingers groped down to the dial but were too weak to touch it. She began to scream into the phone, into the roaring. She cried out, she cried for her mother..” (Oates).

The appearance of Arnold Friend at her home causes both sides to combust violently. Connie is somehow not fully erotic until Arnold joins her home. This was the first time Connie acted or behave like the person her parents always wanted her to be. Connie strives to demonstrate her maturity but is not as mature as she wants. She wants to be desirable to elderly men, but once an elderly person like Arnold truly gave her reasons for sex treatment, she became absolutely terrified. It was not even considered asking for consent since it sounded more like rape.

Part of what makes Oates novel so profoundly fascinating that it deflects most of the attention away from the potential killer who is still considered to be utterly frightening. Instead it focuses attention to the survivor Connie, and her privileged life that she imagines. The short story is set during the mid-American 1960s, and the political chaos of the period is just below the surface. It is known that during the 1960s, moral and social conventions were constantly challenged more so than they were a decade ago. It had been a moment of large, tumultuous upheaval. This novel like the 1960s itself, has caused a huge dispute since it was written. At the conclusion of the story, Oates described the actions of Connie as ‘an unexpected heroism gesture,’ a decision to sacrifice oneself to keep her family unharmed. However, not everyone is convinced of it. Others read the story as an anti-feminist claim by saying that Arnold Friend punishes Connie for possessing boys aka romantic impulses. Some read this story as a female critique of a patriarchal culture. The people of society did read these last scenes as evidence for Connie’s psychotic behavior. The danger the story takes by keeping the conclusion plainly accessible. The many conflicting meanings and the unexpected death that unliterary brilliantly blinkered Connie at the end of the story may also provide a display of readers interpretations. This is one reason why the story continues to fascinate, worry, and haunts the audience. She goes from being distasteful to her positive impression that once a man she met turned up at her door that he clearly lies about her age to concern that he is acting like a lunacy to almost hysteria as he tries to break down her door and hurt her parents. While reading this story we experience her pain and emotions as if we are her at the moment. This is the overall point of what Oate’s tries to emphasize her message regarding the female inequality, that are overlooked constantly.

‘Where Are You Going, Where Have You Been?’ begins in a psychically realistic manner as every detail in the awareness of Connie is registered. But as Connie realizes how dangerous she is, the story is about shifts. The vocabulary is shifting from reality to almost unreal or mystical. Connie is described as having a feeling when Arnold calls her “blue eye girl” when she knows she has really brown eyes. This can show an impression of Arnold possibly possessing psychotic behavior, and is obsessed with Connie because she reminds him of someone that he once used to know.

Conclusion: The Impact of the Story and Its Reflection on Gender Inequality

To finalize, in the short story, Joyce Carol Oates, Connie, ‘Where Are You Going, Where You Been, Where You Going, Where You Been,’ is 15 years old. Her aunt reproved her because she praised herself honestly in the mirror, but Connie did not consider her friends’ criticisms. Connie’s wife, like her older sister, June considers her closely to be safe and responsible. This has a negative impact on the self-esteem of Connie. June Connie’s older sister, 24, is yet to be held at Connie’s school with her family. She saves money, supports her family and always wins praise for her experience while Connie loses time and looks after her feelings. Her dad’s overworked and seldom talk to her children, but her mother never ends up stubborn and stubborn Connie. Connie is so sad that her parents and her mother’s dark feelings are gone. The short story of Oates is committed to Bob Dylan because its album ‘It’s All Over Now, Baby Blue’ has influenced it and highlights and demonstrates his goal of writing this short story, her involvement in the various sexual disasters faced by women since 1960’s. Bob Dylan has been dedicated to Bob Dylan’s short story. The usage of foreshadowing, symbolism and allusion by Oates underlines and demonstrates her intention to compose the short story—its significance in the nature of the women’s sexual crisis in the 1960s, which led to a cultural revolution, and, of course, Bob Dylan’s rock song.

Works Cited

1. “Bob Dylan – It’s All Over Now, Baby Blue.” Genius, 22 Mar. 1965, genius.com/Bob-dylan-its-all-over-now-baby-blue-lyrics.
2. Daly, B. (1997). Joyce Carol Oates: A study of the short fiction. Studies in Short Fiction, 34(2), 265-267. Retrieved from https://search-proquest-com.vcproxy.vaughn.edu/docview/195682380?accountid=30591
3. Dickinson, P. (2008). Riding in cars with boys: Reconsidering smooth talk.Literature/Film Quarterly, 36(3), 202-214. Retrieved from https://search-proquest-com.vcproxy.vaughn.edu/docview/227002271?accountid=30591
4. Humann, H. D. (2009). THE (TRANS)FORMATION OF ABUSIVE RELATIONSHIPS: REPRESENTATIONS OF DOMESTIC VIOLENCE IN JOYCE CAROL OATES’S SOLSTICE AND FREAKY GREEN EYES. Journal of the Institute of Justice and International Studies, (9), 124-130. Retrieved from https://search-proquest-com.vcproxy.vaughn.edu/docview/213964759?accountid=30591
5. Oates, Joyce Carol. ‘Where Are You Going, Where Have You Been?’. 1966, www.cusd200.org/cms/lib/IL01001538/Centricity/Domain/361/oates_going.pdf.
6. Wesley, M. C. (1999). Reverence, rape, resistance: Joyce carol oates and feminist film theory. Mosaic : A Journal for the Interdisciplinary Study of Literature, 32(3), 75-85. Retrieved from https://search-proquest-com.vcproxy.vaughn.edu/docview/205370174?accountid=30591

The Legal Issue Of Rape Sentencing In Queensland

Introduction

The issue of offences against a person/s, such as rape is creating legal debate in Australia. The existing legislation in all states and territories of Australia enforces a maximum sentence of life imprisonment. The purpose of this report is to examine the legal concepts of rape sentencing issues in Queensland as well as determine the nature and scope of rape and analyse opposing viewpoints in cases such as the families, victims, judges and offenders involved. Two alternatives to change the existing legislation in Queensland will be created and consider. One recommendation will made to create a more just and equitable outcome when sentencing offenders.

Nature and scope of issue

The legal issue to be considered is rape. A person can be charged with rape if they penetrate the vulva, vagina, mouth or anus of another person’s body that is not a penis without their consent. Criminal Code Act 1899 (Qld) If found guilty, the offender can be sentenced with a maximum penalty of life imprisonment or a minimum sentence of 15 years, however, these sentences are rarely met. (Queensland Sentencing Advisory Council, 2010-2019) For example out of 507 people sentenced for rape, only one person received the maximum sentence. (REFERENCE THE OUTRAGES OF QLD DOC) From 2005-6 to 2016-17, 14.7% of sexual assault offenders received a Non-custodial penalty where instead of prison time, they were required to do; community service (2.9%), given probation (8.3%), fines (1.5%), recognisance (1.8%) and convicted but not further punished (0.2%) (Queensland Sentencing Advisory Council, 2018)

Sentencing Principles s9 of the Penalties and Sentencing Act 1992

The Penalties and Sentencing Act 1992 have purposes and factors that all judges must consider when sentencing an offender. The purposes that are to be considered are; to punish, rehabilitate, deter, denounce and to protect the community. Factors that judges are to consider are; whether violence has been used, imprisonment should only be imposed as a last resort, how common the offence I and whether the offence is a ‘one off’ or part of a series of offenders. These purposes and factors are considered to create a more just and equitable outcome when sentencing.

Viewpoints of stakeholders R v Utley (2017)

Stakeholders viewpoints are essential in any legal issue as it gives the Parliament input about how the community feels about events that are taking place in society. For example, in the case, R v Utley (2017) QCA 94, stakeholders can be extracted from this such as the community and the offender. In this case the offender is Ivan Bernard Utley who was charged with a head sentence of 10 years imprisonment for one count of rape, one count of burglary with circumstances of aggravation, two counts of assault causing bodily harm whilst armed and one count of common assault. He would have been very relieved with a short sentence of 10 years and perhaps remorseful because of what he did while under the influence of alcohol, however that does not justify his behaviour. The offender received this sentence due to Section 9 of the Penalties and Sentencing Act 1992. The aggravating factor that should have been imposed by the judge was, if the offence involved a weapon, which the offender did use a weapon, that weapon being a smashed vodka bottle that he striked the victim with which created a 1.5cm laceration across the females nose as well as a 4cm laceration across her arm, which required 6 sutures. Mitigating factors that would have been imposed were; no criminal history and an early plea of guilt.

Another important stakeholders view on the legal issue is obviously the victim. The victim would feel, perhaps aggravated knowing that this man, Ivan Utley can practically get away with raping her and assaulting her while only getting a head sentencing of 10 years. The victim was raped and assaulted, imagine how she feels knowing that he only got 10 years imprisonment, even though the maximum sentence is life imprisonment. Knowing that he will be out in 10 years would possibly make the victim fear for her safety. Even though aggravating factors from Section 9 of the Penalties and Sentencing Act 1992, he still received a light sentence.

Legal Alternatives to reform existing law

Criminal Code Act 1899 Chapter 32 Rape and sexual assault Section 349

Legal alternatives in The Criminal Code Act 1899 Chapter 32 – Rape and sexual assault – Section 349 can be made to reform existing laws to create a more just and equitable outcome for the victims, families and communities involved in the case. One alternative can be that a mandatory sentence is created were the minimum sentencing for rape is 20 years imprisonment, which disregards any mitigating factor that would lessen the sentencing. This would create a more just and equitable outcomes for the victims and families involved. However, the issues with mandatory sentencing is that the penalties are rarely met.

Criminal Code Act 1899 Chapter 32 Rape and sexual assault Section 349

Legal alternatives can also be made to reform existing laws. When sentencing an offender, the judge determines the sentence that will be imposed by using the Penalties and Sentencing Act 1992, sentencing guidelines, section 9. The legal alternative that is going to be imposed is that a new principle that the court must regard. That principle being if any weapon was used to force the victim to have sexual interaction with the offender were they penetrate the vulva, vagina, mouth or anus of another person’s body that is not a penis without their consent and/or penetrates the victims mouth to any extent, without the victims consent. Criminal Code Act 1899 (Qld)

Recommendation/s

The recommendation that I am going to impose is going to be the first alternative law which is were if an offender is found guilty of rape, they will be sentenced to a minimum of 20 years imprisonment. This would be the most effective alternative as it would deter the community, and other future offenders from committing such horrendous acts.

References

1. Archive.sclqld.org.au. (2019). [online] Available at: https://archive.sclqld.org.au/qjudgment/2017/QCA17-094.pdf [Accessed 12 May 2019].
2. Legislation.qld.gov.au. (2019). View – Queensland Legislation – Queensland Government. [online] Available at: https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sch.1-sec.349 [Accessed 12 May 2019].
3. Sclqld.org.au. (2019). Home | Supreme Court Library Queensland. [online] Available at: https://www.sclqld.org.au/ [Accessed 12 May 2019].
4. Sentencingcouncil.qld.gov.au. (2019). Maximum penalties. [online] Available at: https://www.sentencingcouncil.qld.gov.au/about-sentencing/maximum-sentences [Accessed 13 May 2019].
5. Sentencingcouncil.vic.gov.au. (2019). Sentencing Trends for Rape in the Higher Courts of Victoria 2011-12 to 2015-16 | The Sentencing Advisory Council. [online] Available at: https://www.sentencingcouncil.vic.gov.au/publications/sentencing-snapshots/207-rape-higher-courts-victoria-2011-12-2015-16 [Accessed 13 May 2019].

Rape Representation In Media And Its Effects On Victim Blaming

Rape culture and the practice of victim blaming are inherently a linked phenomena, and both are prevalent in Australian society. The existence of a rape culture which normalizes sexual violence and blames rape victims for the attacks against them strongly affects the Australian criminal justice system, influencing both the outcomes of rape trials and the treatment of rape victims. And who can we thank for this? The media. The influence of the media with the issue of rape is undeniable. Their unbending coverage and their relentless discussion of the victims fuels the entire issue of victim blaming, and further accredits the ideas about rape being the victim’s fault.

The influence of social media and the way of which that media users can convey a perspective or opinion about the innocence of a perpetrator in a rape case, supresses the actual issue- rape. Don’t believe me? Just think back to the horrendous 2012 rape case in America, whereby a girl, who chose to remain nameless, was raped and was reported in an undignified nature by the media, who blamed her actions for the rape occurring, and further expressed empathy for the perpetrators.

The girl attended a party with her classmates in the town of Steubenville, Ohio. At this party she became incapacitated by alcohol and entered a blackout state in which she was unable to defend or think for herself. Once rendered defenceless, two of her male classmates, Trent Mays and Ma’lik Richmond, sexually assaulted her. They took photographic evidence of their crimes and sent them to fellow students, as well as posting them on various social media sites. When the girl woke up the next morning, she had no memory of the attack. She discovered what had been done to her through her classmates’ social media posts and messages, stumbling upon photos of her naked body being violated by Mays and Richmond. She and her family contacted the police, and rape charges were filed against the perpetrators. The ensuing trial would prove a testament to the prevalence of rape culture and victim blaming, and their effect on rape cases in the criminal justice sphere.

Much of the news coverage on the case expressed sympathy for the perpetrators. In her coverage of the case, CNN reporter Poppy Harlow stated, “It is incredibly difficult to watch as these two young men who had such promising futures, star football players, very good students…literally watched as their lives fell apart”.

Unfortunately, this reaction is also a common phenomenon in Australian media today. The media tends to home in on the victim, calling her names and questioning her past sexual history, or completely ignore her in favour of sympathizing with her rapist(s). Particularly prevalent is the practice of “victim blaming,” in which victims are accusing of playing a role in their own victimization. What they wore, how they behaved, and if they were drunk, seems to matter more than the fact that the actual perpetrator chose to ignore the word ‘no’ or took advantage of the victim. The only thing that the victim will get is a declaration from society that screams ‘It was your fault’, and the media to destroy their dignity and their reputation.

The media, through their coverage of rape and cases associated with it, establish victim blaming, and therefore represent rape as being something which the victims are responsible for, and which is more devastating for the perpetrators. Enough is enough. It’s about time that women are heard, not told that it’s their fault. It’s about time that our mothers, daughters and sisters are able to come forward without the fear of being scrutinised for what they wore, how they acted, and if they were drunk or not. The time for change is now. We must remove the beliefs and assumptions that have allowed for rape culture and victim blaming to continue, and which has continued in the media. Its cases like the one discussed earlier that highlight the wrongful representation of rape. This is not okay. We need to change the representation of rape in the media. I’m not okay with it, and neither should you be.

The Main Ideas Of The Short Story Where Are You Going Where Have You Been?

‘’Where are you going, where have you been?” Is set to be in suburban of America in the 1960’s, a global change the sex revolution, women lacked important control over their lives. In Joyce Carol Oates one can see how she views particularly effective on the American life as a situation of invasion, abduction, rape and murder in the modern society. However, there are many themes found throughout the story, these themes is mainly focus on the antagonist which is been seen driving cars and not women and these act which is seen to symbolize independence and control in American culture. Arnold’s friend whom is said to represents is violence and control. Its representation of both themes are critical and fully understanding the bigger picture.

Throughout ‘‘Where are you going, where have you been’’ Oates creates Connie as a fifteen years old girl , who rebels against her parents and begins to discover her sexual appeal as she grows up. The issue is that Connie rebels against her mother because she disapprove her of her habit. Connie who went out to hangout and meet an unknown guy whom later came to her house when no one was around and asked her that she should come in order for them to go for a ride ;however she said no and now she’s into a dangerous situation. This is especially made because she does not what is going to happen. Connie is said to have been raped or killed. Since she was the only one at home and there was no means of help. Oates show us how Arnolds friend was able to lure Connie out of the house and by using only his words and the strange sounds of the music which was playing in Connie’s house and also in his car much alike as Charles Schmid whom was known as ‘‘The piped piper of Tucson’’ whom killed several young teenage girls also lured them through his smooth way of talking.

Joyce Carol Oates who grew up in the 1960s and 1970s when fear of crime and criminal attack was very high. In 1966, when Oates wrote this story, there was little information about rape. Many people at that time blamed the raped victim, especially if it was an attractive women, for acting or dressing what they called ‘Too sexy’’. Many women did not even report of being raped because they were too ashamed. However, since then times have changed. Nowadays, especially with the ‘‘Me Too’’ movement, women are openly accusing the men who raped them. Even though Oates remembered at that time, there was a high crime rate. In 1966, rape was thought to be only violent act where the rapist usually had a weapon. Now rape can also include using too much pressure or power, such as a boss threatening job loss, or a boyfriend threatening to leave unless the woman submits. Now , as much alike as Connie who is obsessed with her beauty and like to explore things but she doesn’t have the experience that would help her know if something dangerous may happen to her one day.

The Legislation Of Rape And How Rape Has Been Dealt With Over History

Rape is a sexual assault that occurs when one or more individuals put themselves on someone without there consent. This can be done in many ways for example this can be done by force or by being threatened or by being manipulated, it is the name of statutory crimes in the united kingdom, northern islands, Scotland, California, and new york city. Rape is known to be one of the most serious of crimes, it is one of the most serious sexual offence inside of the English criminal law system,. The state does punish the opposing sex of the offence very severely. It is an offence that the united kingdom made it illegal in 2005. ( Section 1 of the sexual offences act 2005). The law of rape was simultaneously embarrassed by the Americans in the 17th century and in the 18th century. However, in the 20th-century spousal rape was not at first thought of as rape but as time has gone by throughout the year’s changes have been made to marital rape and has been made an exemption. Throughout history, some of the sexual histories of those who have made a complaint have been permitted where they have voiced what is rejected to the fact that they have had sexual encounter prior. In this essay i will be stating the legislation of rape and what it is I will also be talking about how rape has been dealt with over history and will be looking into feminist criminology in regards to it being a “ conscious process of intimidation by all men keep women in a state of fear”

Brownmiller’s against our will demonstrated feminist criminologist agendas, sexual violence and its history, it demonstrates how widespread it is in amongst women however social-historical studies does show that rape is a phenomenon and it is essentially rooted in males opposing women. Susan Brownmiller argues that type is a conscious process of intimidation by all men and they keep women in a state of fear, she described rape as being warfare.

Rape is described as being a deviant crime. Rape has played a big part in history, a lot of the men who have shared their stories on rape have seen it as a victory. War has played a big part in the rape itself, from soviet soldiers in Germany in wor war 2, genocide in Rwanda. Alexandra the great as told by Greek historians believe that he was the one who contributed to the rise of sexual assault. The rape of the sabine women where the Romans came and killed the sabine men and would take the women. Another well-known story is the story of Recy Taylor at age 24 she was kidnapped by 6 men. Rape in the war was there to destroy families, as soldiers would make the husband watch their wife, daughters are raped by either themselves or make the brother and sister partake in the crime. This is known to be genocide rape. In Rwanda, women have raped hundreds of thousands of women were raped And a rape camp was made for the Serbian women. In 2001 the ICYTY found three soldiers guilty of rape against humanity. en in 1944 when she walked home from church and was taken and gang-raped in the back of a truck her rape and how the case was handled helped to stimulate the civil rights movement. A lot of feminists believe that rape is wrong and it is often ignored and legitimized. A lot of females do not talk out on rape as most of the time they don’t feel like people will listen majority of the police force is Men and who has the power to decide if the woman has been raped or not? Men do. When a man commits rape they feel as if they should be glorified most time they believe that they have gotten away with it and that they feel like they have made an accomplishment that they have received some sort of reward by the action that they have made, most men who commit such a crime do not feel the guilt that they have taken away something from the female to them it is a game. It is expected for a man to make decisions of legal, social they have power over women and they decide what is important and what is not important. Feminists have argued that rape should be an offense without a men’s rea being required. Rape implicates that it is wrong, it is forced that is used upon somebody, it is disregarding the other person’s decision. Rape has also played a big part racial, from girls in care, from prison and also during slavery. It plays a very big part.In the united states, a long history white men raped their African American slaves as they were their property they owned them and they felt that as they belonged to them that it was okay to use them at their advantage to quench their thirst. The men always benefited from something they were not punished but instead to them they felt as if they were rewarded for this an example that i can give is if a slave became impregnated by the master they would be rewarded with another slave. The masters would also force other slaves to have sex with other slaves in order to produce more slaves for them. When this happened they were silenced.

Men have control over what is also being posted in today’s society news outlets and social media play a big part in how they like to portray the victim by calling the female names and digging deep into her background to see what kind of person they are. Instead of feeling sorry or a type of way towards the female, they will instead sympathize over the person who committed the crime. Rape society has been described as a “complex of beliefs that encourages male sexual aggression and supports violence against women,” this also links back to what Susan Brownmiller says about men keeping women in a state of power. It is crediting not just the physical side but also the emotional side to scare women. (Buchwald, Fletcher, and Roth, 1993). These tactics are there to scare the women which are making them afraid to even come out at night by themself to even go out and have fun and restrict the way that they are dressed as they feel threatened to even think about being raped. Online presence shapes the way people think and the way that people see things. The fact that there are not enough resources for people to get information from is because people look up to social media as news. it’s as if online presence normalizes the idea of rape. Feminist theories about rape are based on discipline as well as women’s own insight on their own rape experiences and there understanding that they gained throughout the years. Susan Brownmiller points out that men have some sort of control over women. Women look up to men to protect them and to help them in their time of need as they are more known to be dominant. Men feel like they can trust the system to have their backs on the other hand females do not feel as if they can have faith in the system. Feminist criminology has struggled for some time to perpetuate rape cases and give them a priority and therefore try to change the focus.

The criminal justice system has itself over history has come a long way from being put on a stand and having to go on trial to talk about your past previous sexual encounters and how you conduct yourself. It goes to show that more female criminologists must continue to work to destroy the rape culture and help find the justice that the females need to feel that the men don’t have that power or have that control for them to stand up for themself.

How Philippine Culture Contributes To Rape Culture

In order to start the conversation of evidence of rape culture in the Philippines, the term “rape culture” must be defined first. According to Ann Burnett’s paper on Rape Culture, rape culture exists when rape, or sexual assault, is normalized in society. The term rape culture originated in the 1970s during the second wave feminist movement. Dianne Herman (1984) stated that rape will continue to be pervasive as long as sexual violence and male dominance are glamorized. With the definition of rape culture, it is clear there is the normalization and minimization of rape and sexual assault in the Philippines and there is evidence to support this claim. There are multiple factors that contributes to the normalization of rape such as laws, pop culture, language, and misogyny that is ingrained in the culture.

Rape and Sexual Assault in the Philippines

In Philippine law, rape is defined by Article 266-A of the Revised Penal Code, as amended by RA 8353, as a crime against persons committed as follows:

1. by a man who shall have carnal knowledge of a woman under any of the following circumstances:

• a. through force, threat, or intimidation;
• b. when the offended party is deprived of reason or otherwise unconscious;
• c. by means of fraudulent machinations or grave abuse of authority; and
• d. when the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

2. by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into genital or anal orifice of another person.

The Philippines has laws protecting victims of sexual harassment like the Anti-Sexual Harassment Act of 1995, the Anti-Violence Against Women and Their Children (VAWC), and recently, the Safe Streets and Public Spaces Act. The Safe Streets and Public Spaces Act primarily aims to penalize catcalling and other forms of sexual harassment in the streets through fines, community service, or jail time all for the sake of ensuring a safer environment for women and the LGBTS. However, despite efforts by lawmakers to impose concrete punishment on offenders, sexual harassment remains to be a prevalent issue in the Philippines.

Based on reports, rape is one of the most prevalent forms of violence against women in the Philippines. According to the Philippine Commission on Women, reported rape cases ranked third (13.1%) of the total reported violence against women cases in the country from years 1999 to 2009. Philippine Commission on Women Chairperson Rhodora Masilang-Bucoy in 2017 reported that from January to October 2016, there were 7,037 reported rape cases nationwide. According to the Anti-Rape Law of 1997, rape is committed when a person has forced, threatened or intimidated a woman to have sexual intercourse, or other forms of sexual assault and Versoza said it would also be better to revise some aspects of the law because there are provisions on the forgiveness because under the current anti-rape law, if the legal husband is the offender, the wife can forgive and absolve him of criminal liability. According to the data from the Philippine National Police, the perpetrators of violence against women are commonly intimate male partners. The terrifying aspect of this is that these numbers can be larger than what is reported because there are still unreported cases of rape.

Philippine Pop Culture

Normalizing rape in pop culture is seen in the Philippines. A famous example is the current president of the Philippines, President Rodrigo Duterte, who is infamous for his viral misogynistic comments that is disguised as “having a twisted sense of humor”. These comments include his rape jokes during his pardoning of the PMA cadets and his remarks about rapes that will continue to happen as long as there are beautiful women. Another famous example is Senate President Tito Sotto saying ‘For example, ‘yung sinabi ko na binibiro lang, hinipuan na ganun, will they be liable? You (Hontiveros) said yes, the answer I think is no.’ during a interpellation on Senate Bill No. 1326 or the Safe Spaces bill. He received criticism for this comment due to his use of “biro lang” and “hinipuan na ganun” which minimizes sexual assault. Tolerating misogynistic people in power is dangerous because this teaches young people that it is okay to trivialize rape and sexual assault.

Rape is also mentioned in a lot of rap songs. Basta May Alak, May Balak by Filipino rapper Skusta Clee is famous for this. In the lyrics, it is a conversation between an unnamed woman, obviously directed to his female listeners, and Skusta Clee wherein he warns her not to join a drinking session because she might get raped. This is a classic wherein instead of telling men not to rape people, society would rather tell a woman to adjust to rapists to avoid being raped despite multiple studies done on rape state that women are raped regardless of location, clothing, age, and religion.

Linguistics

Use of language also contributes to rape culture. A study titled Sexism in Philippine Preschool English Language Textbooks by Veronico Tarrayo done in 2014 explored sexism in the use of language. The paper revealed that the textbooks featured both genders but the males appeared more frequently than females in the illustrations of the textbooks. Females were far less visible than men in occupational roles. The occupational roles for females were less diverse and were restricted to stereotypical types of occupation/profession while male occupations showrf a wider range, thus, providing them with more options than females. Females were usually attributed with their “good” looks and passivity; by contrast, males showed aggression, dominance, and activity. In the textbooks analyzed, the number of interests, and lifestyles of females was higher than those of males. However, the females were more particularly represented in indoor activities, i.e., household chores.

Not only is this present in textbooks, but also in everyday language. Phrases like “Kababae mong tao”, “Kasi babae ka”, and “Kalalaki mong tao” are also dangerous to women and men because this reinforces the idea that women and men can and cannot do certain things because of their gender. Women are looked down as weak, are given less opportunities to succeed, women’s rights are more easily violated because of loopholes in laws and stigma, and women are expected to just accept these injustices as part of life, “kase babae ka”. Women are not the only ones affected by sexism and gender roles. Even though men are universally thought of as the stronger sex, there are layers of expectations that they have to deal with. “Kalalaki mong tao” is used to push toxic masculinity on to men whenever they display emotions and do actions that society would deem as “feminine”. This teaches young Filipino men to give in to the “macho” stereotype. The word “macho” is a descendant of the Hispanic majo – late 18th century Madrid street toughs famous for their assertive violence amongst many things. The macho is visualized as a heterosexual male who fathers children from multiple women, fraternizes with other males in public displays of masculine bravado (like drinking, gambling, and fisticuffs), and establishes their social status through dominance over women. This macho as an aggressive, sexually promiscuous, and irresponsible male who inhabits the center of the social stage has defined what a man is supposed to be. This “macho” stereotype in the Philippines encourages young men to dominate women through acts of aggression and masculine bravado. This raises young men to be violent, aggressive, and misogynistic.

Culture and Views

Philippines is a patriarchal country that has a culture that puts men on top and the women below them. This is because the sexist culture of Western colonizers forced on Filipinos. This sexist culture had such a large impact that even after the declaration of independence from colonizers, sexism is still a way of life in the Philippines. In the Philippines, women are controlled by conservative views. Women are expected to dress conservatively to avoid provoking men’s sexual desires and when they refuse to do so and get raped, they receive judgement instead of empathy.

In conclusion, rape culture is evident in the Philippines and Philippine culture contributes to it in many ways. Philippine society is normalizing rape by tolerating the minimization and trivialization of rape and raising men to be aggressive and misogynistic through the usage of language, influence of the media, and excusing them through the law. With this, it leads to men being violent and committing sexual violence against women. With the world constantly changing, Philippine society must keep up and eliminate these factors that contribute to rape culture.

References

1. Philippine Commission on Women. (n.d.). Retrieved from https://www.pcw.gov.ph/focus-areas/violence-against-women/rape
2. Cadiz, R. (n.d.). SEXISM AND GENDER DISCRIMINATION IN THE PHILIPPINES. Retrieved from https://www.academia.edu/34449525/SEXISM_AND_GENDER_DISCRIMINATION_IN_THE_PHILIPPINES
3. Ablan, R. B. C., & Gaspar, M. S. U. (n.d.). Legal Research on Rape in the Philippines. Retrieved from https://www.scribd.com/document/321785644/Legal-Research-on-Rape-in-the-Philippines

How We Encourage And Normalise Rape Culture In Our Society

Raped and killed at 17, walking through a park. Molested since the age of 5 by a family friend. Brutally beaten, raped and killed at 21, walking home from a Melbourne comedy club. Sexually harassed by co-workers every day. Raped with a metal rod and left on the side of the road. Raped at 14 and left outside in below freezing temperatures, where her hair froze to the ground. Raped at 19 and the judge asked why she didn’t just close her legs. The list is endless.

I could not name all of these victims, the thousands upon thousands of women who experience sexual assault every day. Because their stories, their experiences have blurred to become a line on a graph, a number in a data table, just another statistic we highlight and underline to show our girls why they need to be safe, why they shouldn’t walk alone at night, to cross to the other side of the road if someone walks towards them at night or if they think they’re being followed, to hold their keys between their knuckles as an improvised weapon.

What I can tell you is the reason why attacks like these are occurring worldwide every day is because of a rape culture that we as a society partake in, whether we know it or not. And today I’ll be discussing how we as a society normalise and encourage rape culture.

Many people dispute and misunderstand the meaning of rape culture. The definition of rape culture is “a society or environment whose prevailing social attitudes have the effect or normalising or trivialising sexual assault or abuse”. Rape culture is not pointing at every man and saying that ‘you’re a monster’, that ‘you will sexually assault a woman at some point in your life because you’re a man’ rape culture is not saying that we as people, or we as a society are pro rape. Rape culture is digging deeper, looking for the answers as to WHY?

Why are such a large majority of women victims to sexual assault? Why are the majority or perpetrators men? Why does rape and sexual assault occur within our society in the first place? Because even though we only hear about the occasional rape, sexual assault is occurring all the time, all over the world. And these statistic are not coincidental which is why rape culture aims to examine how we as a society have contributed to the normalisation of sexual violence.

A lot of factors influence a rape culture, things like gender, age, class, the country you live in etc. Gender is an obvious influencer. 1 in 5 Australian women have experienced sexual and/ or physical violence by a partner since the age of 15. 1 in 3 have experienced sexual violence by a partner or otherwise since the age of 15. And 1 in 2 women experience sexual violence during their lifetime. Compared to the 1 in 20 men that will experience sexual assault in the lifetime.

In Australia only 5% of all reported rapes will end in prison sentence this means that out of every 1000 sexual assaults 995 perpetrators walk free. When combined with the relatively low reporting this means that 99% of rapists get away with their crimes. There are two reasons that contribute to this. First, rape is an incredibly personal crime, making it very difficult to prove. 8 out of 10 rapes occur between people who knew each other before the assault, this is known as acquaintance rape. So contrary to what most people believe, most rapes don’t happen in a dark alley or in a bad part of town no most rapes occur between friends, between family members, co-workers, boyfriends or girlfriends. Most rapes happen behind closed doors which makes them incredibly difficult to prove in a court of law. The second reason that contributes to these low conviction rates is the social narrative surrounding rape, scholars call this the theory of secondary victimisation. This contends that many victims being exposed to victim blaming attitudes will be akin to a second rape. Victims of rape are in an extreme position of vulnerability following an attack. Not only has their body been violated but their autonomy, their sense of humanity has too. Because rape is one of the only crimes where a victim’s body is used as a weapon against them, this alone is enough to inflict severe psychological harm. Coupled with secondary victimisation, this leads many victims to self-blame, sexual re-victimisation, promiscuity and low self-esteem all of which can further lead to severe mental health issues such as depression and anxiety as a result of PTSD. The word rape may seem unapproachable after an attack so victims may cover up and hide the crimes committed against them or even defend their rapist when challenged by family members or friends.

Research show that victims of acquaintance rape are far less likely to define it as such and so the process of grasping an attack so brutal and so personal is difficult enough that when victim blaming attitudes are added to the mix it only gets that much harder. 1 in 4 Australian university women will be raped during their time on campus. 1 in 4. Research shows that rape myths are created and spread at an excessive rate on campuses, meaning actual assault reports are faced with uncertainty that makes it easier to blame the victim and excuse the actions of the perpetrator. They perpetuate myths that infiltrate the minds of our young people and then lead to higher levels of sexual assault in the future. For example the belief that false rape accusations are a common problem is particularly harmful problem to victims especially when considering that the national sexual assault support centre reports that only 2 – 8 percent of all reported rapes are actually found to be false whereas 68% of all rapes will never be reported and only 5% of those that are will end in a prison sentence. So the prevalence of rape outweighs the prevalence of false accusations astronomically and yet millions of people still question victims instead of actually considering the possibility that these accusations are true.

Women however are not the only victims of rape and sexual violence. For male victims the social paradigm surrounding rape brings unique challenges. The first and most common myth is that men can’t be the victims of rape, but this is not true. Millions of boys and men have been the victims of rape. The statistics show 1 out of every 20 men experience sexual assault in their lifetime and 1 out of every 16 boys have experienced sexual assault since the age of 15, and these numbers increase drastically when considering a university education as 1 in 16 men on campus will be sexually victimised. Sexual orientation can also increase this risk as bisexual and gay men are at a 50% higher risk then heterosexual men to be the victims of sexual violence and rape. So while the statistics on male rape are so very clear male victims often experience even more scepticism and indifference then female victims. But victims are not the only actors in male rape scenarios that people find unbelievable. The notion that rapists are usually sexually frustrated men is particularly harmful because it makes implications about the nature of the crime, so despite significant evidence that rape is a crime about power and control many people still choose to believe that it’s motivated by sexual impulse. It also makes implications that women can’t rape men, or that women never perpetuate sexual violence, but this is not true either. We have undereducated our young men of what to do in situations of sexual assault, and because of that cannot often validate their experiences after one. Likewise social expectations of men often change their connection to this crime. Because men are often made to conform to hyper masculine stereotypes and dominate women, and men are also expected to never raise a hand to a woman leaving them in an awkward position of defencelessness when faced with an attack by a female rapist.

Talking about sexual assault is extremely uncomfortable. I’m not telling you these things to make you distrust and hate men because that’s not what I want. I’m telling you these things because it’s likely that 1 in 4 of the women and one in 16 of the men that I encounter on an everyday basis are the victims of rape. I tell you because it’s likely that every one of you see the manifestation of this culture every day in your lives. Research shows it’s possible to conduct a society in which rape is so discouraged, that even potential rapists would never act out in sexual violence. A common modern day example of this is the Minangkabau society in Indonesia, here women are inherently valued not for their sexual purpose but for their contribution to society, and male sexual prowess and violence are not deemed manly because their concept of masculinity is not tied to sex at all. We live in a rape prone society in which the culture of violence against women is so embedded in us, that we forget it’s even there. We have misinformed our young men about the definition of consent and we have defined sexuality in terms of power and obligation. But we must unlearn these behaviours together. Because the reality is that you sit in class every single day with rape victims and you probably sit in class with rapists too. Rapists are not born rapists, they are constructed by social and cultural attitudes that shape their identity and motivate their violence.

Talking about sexual assault is extremely uncomfortable, but that’s precisely why we must do just that. So if you are a victim of sexual assault tell your story proudly and if you’re not use your voice to help those who are. Because I firmly believe that our vulnerability is our voice, that our stories fuel our strength, that our pain does not define us and that our common experiences will bind strangers together with an unbreakable force. And together we can create a society free of the disease that is rape culture.