This article sought to understand whether male individuals confronted with a rape situation would decide to help. The author simulated a rape situation in a natural setting. The location’s topography ensured that the targeted subjects made their decisions to help the victims. The “researchers expected the targeted bystanders to intervene directly, walk away, or summon a police officer to help” (Harari et al. 653). Most of “the individuals in groups were most likely to help compared with individual bystanders” (Harari et al. 653). Individuals in groups offered direct assistance to the victims. The study also criticized the use of laboratory research because of problems associated with social desirability, generalizability, and demand characteristics. The researchers managed to manipulate the response of different individuals and group bystanders.
The researchers did not use a specific hypothesis or research question. The researchers wanted to understand how individual male bystanders or group confronted with various rape situations would be compelled to help (Harari et al. 654). The authors wanted to understand whether male bystanders would help rape victims when in groups. This research question was critical towards realizing the targeted results. The research question also made it easier for the researchers to formulate the best literature review (Maxfield and Babbie 24). The research question made it easier to execute a successful study.
The study followed a good research study in order to achieve the targeted goals. The researchers used secluded areas for staging the rape scenes. Similar topographical dimensions characterized these areas. The researchers encouraged 393 male students from San Diego State University to participate in the study. Most of “these students walked in groups or alone towards the targeted rape scenes” (Harari et al. 653). The authors identified the bets vintage points to ensure the study was accessible. These vintage points encouraged the subjects to act differently after witnessing the rape scene. The research strategy made the study effective and successful. The researchers also managed to achieve the targeted goals.
The researchers could have used some other research strategies. A good example was the use of questionnaires to understand how different individuals would respond to various rape scenes. The researchers would use the questionnaires or group discussions to gather the relevant information about people’s response to various rape scenes (Harari et al. 656). This study also shows how the naturalistic setting played a major role towards an effective study. These two approaches could also have been used together to come up with better findings. The researchers could have used new qualitative and quantitative techniques in order to come up with better results. Such findings would have contributed a lot to the above understanding.
A qualitative research would have resulted in meaningful and applicable findings. Qualitative researches usually focus on people thoughts and concepts about certain issues in the society. The researchers would have used different meetings and group discussions to understand how individuals would have responded to these rape scenes. The authors could have used focus groups depending on the targeted research questions. Qualitative research methods are critical towards getting immediate responses from the interviewees. The researchers should have also combined both qualitative and quantitative approaches in order to get better findings and interpretations (Harari et al. 656). The approach would have equipped them with more opinions and ideas from the respondents.
The article presents a unique set of strengths. Such strengths make the study findings meaningful to the reader. The researchers simulated a rape scene in a conducive and realistic natural environment. The approach managed the subjects in order to come up with the best findings. The authors also formulated the best research question depending on the expected study outcomes (Harari et al. 657). The research question played a major role towards the success of the study. According to the study, most of the earlier studies did not simulate a rape in a natural or realistic setting. The researchers also used the best research method in order to have a successful study. The article also presents convincing discussions and conclusions that can help our societies deal with rape. The major weakness of this article is the absence of a research hypothesis (Maxfield and Babbie 47). The article does not present a conclusive literature review to highlight the underlying issues surrounding this topic.
The strengths of this article make it meaningful and worth reading. The researchers have used some of the best approaches and strategies in order to come up with the best findings. The readers can use these ideas and discussions to deal with criminal activities such as rape. Researchers can use the above weaknesses to improve this article. I would use a proper literature review to improve this article. This section would have informed more readers about every relevant issue associated with the study (Maxfield and Babbie 87). The researchers should have also used a qualitative methodology to support their study findings. The approach would have produced better and reliable results to the targeted audience. I would encourage more people to undertake similar studies in order to deal with every criminal activity in our society. Readers should also consider the above findings in order to deal with the challenge of rape.
Works Cited
Harari, Herbert, Oren Harari, and Robert White. (2001). “The Reaction to Rape by American Male Bystanders.” The Journal of Social Psychology 125.1 (2001): 653-658. Print.
Maxfield, Michael, and E. Babbie. The Basic of Research Methods Criminal Justice and Criminology. Belmont, CA: Wadsworth Cengage Learning, 2012. Print.
According to Tuerkheimer (1989), the federal government passed the rape shield laws in order to control the cross-examination about a witness’s sexual past.
These laws have been passed in 48 states, and are divided into four classes namely: Michign, California, Arkansas and Federal approaches. Tuerkheimer xamines the problems posed by shield laws, such as reputation evidence, rebuttal proof and constitutionality issues. As a result, the author suggests the endorsement of concession based on the proof of prior sxual conduct by a witness in a case involving rape, in the event that the defendant’s constitutional rights were at a risk.
The author further examines the reluctance with which prosecutors tackle rape cases that are not violent, and the cross-examnation process that requires inquiries to be made on past consensual sexual activities of the complaining witness. A process that leads to publication of the private aspect of the witness, which in turn results in the reluctance of rape victims reporting the crimes.
Casarino (1996) examines the possibilities for litigating acquaintance rape cases in the civil courts as a measure to prevent under-reporting of such cases. The civil courts are aimed at encouraging rape victims to speak out. Their reluctance could be attributed to exposure of personal life in criminal courts due to shortcomings in the shield laws. The author also examines the process of civil suits, and the procedural merits and limitations of such suits in rape cases.
In his note, Anderson (2001) examines the conditioning of rape victims’ vindiction on sexual virtue, whereby the rape defendant can provide evidence that the witness was unchaste, prior to the assault, with the view to discrediting her testimony. Rape shield law preventing the defendant from admitting complainant’s sexual history was passed in the 1980s, though Anderson identifies the shield as having loopholes, which are used in cases where the witness is seen as promscuous.
According to Anderson (2001), the loopholes in the shield relay sexual history evidence in instances when the witness has had prior sexual encounters with the defendant, when the defendant asserts that he assumed that the complainant has given her consent, or when the complainant has in the past involved herself in prostitution, or other promiscuity. He suggests that the rape victims should be protected from the harmful legal procedures that dig into their previous sexual lives.
In the journal article “Regulating Consensual Sex with Minors: Defining a Role for Statutory Rape”, Oberman examines the increasing rate of teenagers engaging in sexual practices. In his study, he identifies the challenges posed in criminal justice as a result of minors engaging in sexual activities.
He identifies that about 50% of teenagers in the united states have sexual intercourse by the time they turn sixteen, which makes thepractice illicit since the age of consent in many states is sixteen. As a result, every sexual encounter of the minors constitutes to statutory rape, which can be translated to about 7.49 million incidents of statutory rape, annually.
Concerns about the law with this kind of rape are raised since it is impracticle to prosecute all the cases involving sexual intercourse of teenagers below the age of sixteen. Society also deems this behavior as typical of adolescents, and some view it as necessary in their development; as a result, it becomes a challenge to view the trend as criminal.
Davis (1984) looks at the problems faced by rape victims, leading to their reluctance when reporting and prosecuting the offense. This reluctance is because the complainant feels like the defendant, due to admission of evidence of her sexual history, which is admissible, despite its insignificance to the matters at trial.
He also examines the attempts made to decrease such problems encountered when reporting and prosecuting cases of rape, such as the passing of statutes that limit the introduction of evidence of the victim’s previous sexual conduct.
References
Anderson, M. J. (2001). From Chastity Requirement To Sexuality License: Sexual Consent and a New Rape Shield Law. George Washington Law Review, Forthcoming .
Casarino, C. (1996). Civil Remedies in Acquaintance Rape Cases. BU Pub Int Law Journal , 185, 197-198.
Davis, E. M. (1984). Rape Shield Statutes: Legislative Responses to Probative Dangers. Journal of Urban & Contemporary Law , 29(1), 129.
Oberman, M. (2000). Regulating Consensual Sex with Minors: Defining a Role for Statutory Rape. Symposium on Urban Girls: Legal Issues Facing Adolescents and Teens , 703, 721–722.
Tuerkheimer, F. (1989). Reassessment and Redefinition of Rape Shield Laws. Ohio State Law Journal , 50(4), 1245-1274.
Rape is one of the forms of sexual assaults that may happen to either women or men of any age. Usually, it is an unwanted and forced act. This is a crime that may be committed by different people: strangers, relatives, dates, etc. No matter where and how rape takes place, it is rather traumatizing to women, men, boys, and girls who have been raped.
This is why they need care, support, help, and necessary treatment. Date rape is one of the kinds of rape that happens between people who know each other and have either sexual or platonic relations. This sexual assault usually happens at dates this is why it is called date rape. The rapist can be a victim’s friend, boy/girlfriend, or acquaintance.
It can be either planned or spontaneous. This is why it is not that easy to know for sure who can be a rape victim and when and where the sexual assault may happen. Date rape cannot be called an act of sex. It is mostly an act of violence where sex serves as a weapon in order to gain power over another person, the victim. To help and prevent people against date rapes, the problem of date rape may be examined by means of the SARA model, which is Scanning, Analysis, Response, and Assessment.
The SARA model is one of the problem-solving models that have been successfully applied by numerous police departments. However, people can also use this approach in order to strength their own training and solve different problems. Date rape is a domestic crime, it is a huge problem to lots of people (boys, girls, men, and women), and it needs to be solved somehow.
The SARA model is a problem-solving approach that helps to reduce the impact of domestic crime and other problems appeared as a result of date rapes. This model consists of several components: scanning, analysis, response, and assessment. Date rapes may be analyzed from these four perspectives in order to help victims to understand that it is not their fault and show what measures need to be taken to overcome the stress and other difficulties after a person has been raped.
The first element of the SARA model is scanning. At this stage, there is nothing extra-difficult. During the scanning of date rape, it is necessary to identify the problem, its consequences, urgency, and frequency. “For a secular-liberal philosopher of sexuality, rape is the paradigmatically morally wrong sexual act, in which one person forces himself or herself on another or uses threats to coerce another to engage in sexual activity” (Power & Soble, 2007).
Lots of date rape victims think that it is their fault, that this date rape happens because they have said or done something wrong. Due to this misunderstanding or just because of a simple fear to betray and lose a friend or a boy/girlfriend, about “60% of rapes/sexual assaults are not reported to the police.” (Denim Day, 2008). It is crucially important to understand that the blame lies only with the rapist. No one has such a right to have sex and, even more, force to have sex with a person without a will.
Date rape is usually a kind of domestic crime. It has been stated that “15% of sexual assault and rape victims are under age 12” (Denim Day, 2008). Children cannot understand what is really happening and what needs to be done. They trust someone who is older, and become rape victims without even guessing what it is.
This is what the second component of the SARA model, analysis, is all about. The analysis of date rapes helps to understand why the crime happens and what the conditions are. As a rule, the reasons for date rapes are alcohol, drugs, personal disbalance, or life discontent. Usually, at dates, men/boys prefer to use some alcohol to relax a bit. Drunk men/boys may simply rape their own wives/dates, and children against the will.
Sometimes, men think that women’s NO seems like YES but a bit later or MAYBE. However, if a woman says NO and repeats it for several times, it cannot be interpreted any other way. It is also important to add that children and women are not the only date rape victims. “Males are the least likely to report a sexual assault, though they make up about 10% of all victims”. (Denim Day, 2008)
“After a problem has been clearly defined and analyzed, police officers confront the challenge of developing a plausibly effective response. The development of appropriate responses is closely linked with the analysis that is performed.” (Braga, 2008) According to this scheme, it is also possible to solve the problem of date rape. The purposes of the third element of the SARA model, response, are to choose an alternative method, to outline a response plan, and to search for the communities with the similar problems.
One of the first things that any person, who has been raped, should do is to visit a medical expert. There are many medical centers, which provide rape victims with the necessary help, support, and care. First, it is necessary to check the victim for possible sexuality transmitted diseases. It is very easy to catch some venereal disease or internal injures.
This is why it is better to visit a doctor without changing clothes and washing. For many women and girls, it is not that easy not to clean up and change clothes, however, such activity will help medical experts provide the victim with the better treatment and pay attention to every injured place. Young people are afraid to visit doctors and share their problems with someone else, as they do not want their parents and friends get to know about the accident.
However, it is better to chase all fears and be ready to get the necessary help and treatment. Second, medical experts will help to not only identify and treat the possible venereal diseases but also prevent unwanted and early pregnancy. This is a plan that should be used after the sexual assault. Now, it is necessary to talk about the measures that should be taken to prevent another date rape and be ready to defend.
To avoid date rapes, it is possible not to stay alone with the person whom you do not really trust, have various means of protection (for example, a spray can), and a phone at hand. It is also possible to visit some training courses to be ready to fight against the rapist.
People should not deny themselves dates, new meetings, and acquaintance with new people. It is just necessary to remember about the means of protections and be ready to use them.
The last component of the SARA model is assessment. “Assessment is the culmination of the evaluation process and represents the final stage where it is determined whether the targeted problem changed as a result of the implemented responses and decisions are made about continuing the response.” (Braga, 2008) Every rape victim copes with after-rape stress in different ways.
Some people prefer to talk to social therapists one-on-one. The other people prefer to join a support group in order to discuss the problems together – this allows not only getting help but also providing the others with the necessary support and sharing personal experience. Any way, these methods help to get life power back and move on further. At such meetings, it is possible to check the effectiveness of possible protection methods, check the readiness for another date rape, and be protected.
“Rape is a crime of entitlement not evolution, of opportunity not imperatives, of permission not passion.” (Travis, 2003) This is a huge problem of modern society. Scientists and medical experts try to find the best solution day by day. The SARA model is one of the solving-problem approaches that help to understand the reasons and the urgency of rapes, date rapes in particular.
The major components of this method are scanning, analysis, response, and assessment. They describe exactly what steps should be taken in order not only to survive after the rape but also prevent another similar sexual assault. The SARA model is rather simple and effective. With the help of this model, date rape victims, who do not want to share their troubles with other people, can find the answers to lots of questions.
Reference List
Braga, A. A. (2008). Problem-Oriented Policing and Crime Prevention. Criminal Justice Press.
Denim Day 2008: Rape and Sexual Assault Fact Sheet (2008) Web.
Power, N., Soble, A. (2007). The Philosophy of Sex. Lanham, Maryland: Rowman & Littlefield.
Travis, C. B. (2003). Evolution, Gender, and Rape. Massachusetts: MIT Press.
Rape is a misdemeanor offense in which an individual mandates to have sexual contact without his or her approval. Though majority rapes are never accounted for, the figure of occurrences documented in the United States tremendously increased between 1970 and 1986. It is not in fact acknowledged if the number of rapes is augmented or if additional victims are enthusiastic to report the cases. Indignity, terror of retribution or denial and the shock of a court audition are regular causes for refusal to testify against a sexual felony (Williams, 2002).
History of Rape
The record of society’s appreciation to sexual aggression has its pedigree in English assets law. The problem of sexual attack did not come into the realization of the United States’ civil society until the feminist pressure groups of the 1960s. Feminists perceived rape as an instrument for upholding patriarchy, a brutal technique of stirring up horror in women and strengthening their inferiority to men. This perspective has fashioned the approach in our culture in describing and conceptualizing sexual violence presently.
Kids who are induced to hostility between their relatives are possibly caught up in brutal love affairs when they become adults. The configuration of the family appears to have effects on the feelings and conducts of kids brought up in them. Aggressive sex delinquents are known to be prone rape compared to other grownups that experienced deprived parental upbringing, unfortunate control, corporal violence, abandonment, and separation from their parents.
The Causes of Rape
Cultural Expectations and Rape myths
Prospects conveyed by culture classically push men to believe they are greater, unrestricted and that they are supposed to be constantly on the sentry for and prepared to kick off sex in their affairs with women. Simultaneously, these sexual writings train women to believe that they are in charge of situating the confines and speed of sexual intercourse in their interaction with men.
Rape folklores naturally reject the reality of sexual attack, justify it and lessen the gravity of its consequences. Virtually all cultures accept rape and have instruments that are responsible for sexual aggression.
The Media and the School
Since the beginning days of contemporary feminist’s pressure groups, women challenged that pornography facilitated sexual violence towards females depicts them as not anything apart from sex items, an outlook that is backed by research.
Television and cinemas frequently pass the information that such brutality functions to demean women. Involvement in group activities could augment the danger of sexual violence. Peers are extra powerful in determining personality actions than environmental science, individuality, kin, faith, or traditions (Scott & Glenna, 1994).
Psychopathology and Individuality Qualities
Men involved in rape cases have been spotted with a broad range of psychiatric and character disarrays, mainly disruptive individuality confusion. However, personality gauging of rapists has established that there is no momentous variation between sexual delinquents and those confined for platonic felonies.
The extent of participation in sexually coercive actions seems to be correlated to individual quantities of capriciousness, deficiency of collective sense of right and wrong and a worth course legalizing antagonism, predominantly against women.
The largest part findings have summarized that there is much of heterogeneity amongst rapists and that sexual violence is caused by various dynamics. In fact, it has been alleged that the personality data of rapist criminals more directly counterparts the personality data of men in the broad populace as compared to any other forms of crimes (Hooks, 2000).
Masculinity and Power Drives
Research has established that drives of supremacy and rage are more famous in rapists’ justification of sexual violence than sexual wishes are. Sexually hostile men candidly confess that their sexual desires are antagonistic and brutal. The level of affiliation between a man and a woman may perhaps influence the likelihood of aggression.
A number of researches propose that men who rape on initial or subsequent dates possibly will have connection to outsider raping while men who rape near the beginning in what or else materialize to be an increasing association may just misconceive their partners’ meaning (Allison & Wrightsman, 1993)
Feminist Movements
Feminist movements refer to numerous attempts put in place to bring about change. For instance, they attempt to bring about an end to brutality against women, provide the same chances for men and women, allow women sufficient motherhood leave and bring to a halt pestering of women sexually.
Women have since time in memorial been fatalities of socio-cultural unfairness. The feminist lobby groups have managed to penetrate through inflexible socio-cultural structure in society primarily through backing female child education. The entire globe no longer practices female injustice by handing over minor roles to women. In its place, some women have raised to sky-scraping positions in politics and finance (Harris, 1990).
Islamic Feminism
Islamic feminism is apprehensive about the position of women in Islam and aspires for the complete egalitarianism among Muslims, despite of sex, in civic and personal life. Even though it is ingrained in Islam, the association’s founders have made use of worldly and Western feminist discourse.
Campaigners of the lobby group try to underscore the extremely deep-seated experience of impartiality in the Quran and query the patriarchal explanation of Islamic philosophy through the Quran, hadith (maxim of Muhammad) and sharia (rule) towards the formation of a new, identical and fair society. Lots of ayaat (stanzas) of the Qur’an appear to pronounce gentleman/womanly sameness. Fundamentally, human beings are identical.
They are merely differentiated among themselves on the origin of their legal observations or execution of the essential Qur’anic standard of integrity (Rhouni, 2001). Therefore, there is no disagreement between feminism and being religious. On one occasion, we identify feminism as consciousness of limits erected in front of women since sex, dismissal of restrictions erected on women, and attempts to create and employ unbiased gender structure are all patriarchal efforts meant to derail women efforts in the society (Bergen, 1996).
Feminist movements in the Middle East employ three approaches. The approaches include first, reinterpreting ayaat of the Qur’an to rectify bogus information in frequent circulation. Secondly, it involves quoting ayaat that indisputably pronounce the egalitarianism of women and men and lastly, delink the section of ayaat conscientious to male and female variation that has been frequently construed in ways that rationalize male supremacy (Treanor, 2002).
Conclusion
In general, research on the roots of sexual brutality has paid attention to two forms of premises those entrenched in individuality of the delinquent, and those that spot distinctiveness of culture in which we exist. None the theories fully elucidates the occurrence of sexually brutal activities in our civilization.
Modern research in the discipline of sexual hostility points out that an incorporated theory will possibly have the superlative ability of amplifying what causes sexual cruelty in our culture. The police officer, with little research information thought indecent dressing causes sexual violence.
References
Allison, J. & Wrightsman, L. (1993). Rape: The Misunderstood Crime. California: Sage.
Bergen, R. (1996). Wife Rape: Understanding the Response of Survivors and Service Providers. Thousand Oaks, CA: Sage Publications.
Harris, A. (1990). Essentialism in Feminism legal theory. American Sociological Journal. 42, 35-71.
Hooks, B. (2000). Feminist theory: from margin to center. Cambridge, Massachusetts: South End Press.
Rhouni, R. (2001). Women and Gender, the Middle East and the Islamic world. Web.
Scott, S. & Glenna, S. (1994). Housework in Marital and Non-marital Households. American Sociological Review, 59(3), 17-31.
Treanor, N. (2002).The feminist movement. Farmington Hills, ML: Green haven Press
Williams, M. (2002). The Sexual Revolution. Farmington Hills, ML: Green haven Press
Rape is considered to be one of the most heinous and terrible crimes. Its revolting nature and grave consequences for the victim have earned hate and condemnation from all and any decent human beings. The perpetrators of rape receive the harshest sentences and rightly so. Even the inmates in prisons look down on those convicted of rape and show them no mercy or pity.
However, instead of taking an uncompromising stance against rape crimes in our local county, our prosecution chooses not to get involved with cases of date rape when drugs or alcohol are involved. The purpose of this paper is to educate the reader about the subject of date rape and make a formidable case for changing the policy regarding the prosecution of such crimes.
Definition of Date Rape
Date rape, also known as acquaintance rape, is a kind of violation that occurs between the perpetrator and the victim in a setting where they know one another, with a degree of romantic or sexual relationship involved. It frequently occurs at student campuses, clubs, and other places of social activity. One of the particular traits attributed to this kind of rape is the extensive use of drugs and alcohol to coerce or incapacitate the victim.
Date rape is different from stranger rape due to the fact the victim usually knows the perpetrator to some degree. Although sometimes the crime is committed by a person not affiliated with the victim, about 90% of date rapes are conducted by someone the victim knows (Shmiedt, 2015).
Statutory rape is considered different from date rape, as the former definition puts an emphasis on the age of the victim rather than on the motivations of the violator and the scene of the crime.
The difference between spousal rape and date rape lies in the kind of connection between the perpetrator and the victim. Typically, the romantic relationship between the two lacks any serious commitment, if any. The definition of spousal rape deals explicitly with rape scenarios occurring between people bound by marital commitments.
Types and Uses of Date Rape Drugs
Date rapes are known for the extensive usage of alcohol and drugs to force the victim into submission. These drugs are also known as club drugs, as they are often illegally distributed at clubs during parties.
The most common drugs are:
Flunitrazepam, also known as Rohypnol.
Gamma Hydroxybutyric Acid, also known as ecstasy.
Ketamine.
All three could take the form of pills, powders, or liquids, which make them easy to hide and administer. The victim consumes the drugs, either willingly or unknowingly, and is made defenseless and unable to resist the advances of the perpetrator. The alcohol tends to magnify the sedative effects on the body (Date Rape Drugs, 2016).
USN and NCVS Statistics
The USN statistics show that the police departments receive approximately 80000 reports of rape crimes yearly across the US (Rape, 2013). This data, while accurately representing the number of reported cases, does not show the complete picture. Many cases of rape remain unreported due to fear and social stigma placed upon the victims of such crimes.
The National Crime Victimization Survey, or NCVS, shows a different picture. According to the latest reports, the number of yearly sexual assaults is way over 5 million (Data Collection, 2014). It shows just how many of these crimes remain unreported. This kind of survey provides us with data not covered by the USN report. However, it could not be referred to as completely accurate due to the methodology of the survey.
The Victim-Offender Relationship
The offenders usually differ in their motivations for every particular date rape scenario. The offense generally occurs in one of two ways.
The first type of perpetrator seeks out a victim on purpose, after deliberate preparation. This kind of perpetrator tends to obtain special drugs for the sole purpose of incapacitating the victim before proceeding with the offense.
The second type of perpetrator commits the assault under the influence of drugs or alcohol, frequently not realizing the full extent of what he or she is doing. They tend to target young and attractive females whom they deem as approachable and who consume an abundance of alcoholic drinks (Simons, 2016).
While there is a massive public outcry demanding the prosecutors to pursue charges on numerous cases of date rapes, many are reluctant to do so due to how difficult it is to prove them. There are several reasons for that.
The first reason is the lack of witnesses – cases of date rape usually do not have any witnesses beyond the alleged perpetrator and the victim. If the defendant denies everything, it is very unlikely that the jurors would consider the victim’s words.
The second reason why date rape cases are so difficult to prove is the lack of forensic evidence. Many victims do not receive serious injuries during the assault, if at all. The jurors often view this as a requirement to identify whether the sex was consensual or not. The issue is complicated by the fact that many victims report the crime too late when all traces of evidence are long gone. Without any witnesses or forensic evidence, it is practically impossible to prove if the date rape even happened (Jones, 2014).
The jurors and the society has a somewhat warped perception regarding victims of date rapes. Blaming the victim is more common than anyone would like to admit.
The blame takes many forms, ranging from dressing provocatively to consuming too much alcohol.
The jurors tend to be skeptical towards the victims unless they fit into their personal patterns of how a rape victim should look and behave.
If there were no injuries or other signs of direct violence, the victims are often suspected of making false charges in order to receive material compensation from the defendant.
These are the prejudices born out of stereotyping and lack of knowledge, and they get in the way of winning date rape cases (Schmiedt, 2015).
My position on the Issue
The facts mentioned in the previous sections may seem disheartening, as the chances of effectively pursuing perpetrators of date rapes within the legal field are slim at best. However, denying the victims of such crimes a chance for justice is inherently wrong. We are the agents of justice sworn to protect the rights, life, and dignity of everyone in our country.
Not opposing such evil even if the chances of winning the case are small means that we are silently allowing it to continue. I wish to speak to you on behalf of Maureen, a college student who was a victim of a date rape. I sincerely hope that after reading this paper and examining the facts I presented you would reconsider your policy regarding the cases of date rape. A crime is a crime. We must do everything in our power to bring the perpetrators to justice, no matter how hard or how long it would take.
References
Data collection: National crime victimization survey. (2014). Web.
Throughout the history of humankind, people think and interpret events differently. Social psychologists ascribe a person’s thinking and event interpretation to his/her behaviour. Personality, character, and attitude influence one’s behaviour, actions, and all these values result from how a person perceives things. On the other hand, people may act in a manner that seems better from their beliefs or the situations they get themselves in. Such behaviours and actions originating from the way people think underscore the attribution theory. With marital rape, there are two schools of thoughts; critics do not agree with marital rape while proponents attribute marital rape to some factors like illiteracy and/or low education, cultural myths surrounding women, and early marriages among others.
Attribution theory and marital rape
Although different people, cultures, and communities view marital rape from different points of view, it is true that many spouses in a marriage experience sexual abuse in the form of marital rape. In some marriages today, there is no consensual sexual affection and several underlying factors attribute to this marriage thorn. Many women in the society have inherent fear over men and think men have the right to sex. These misconceptions twinned with fear lead to many women thinking that husbands are entitled to sex any time they demand and have the right to force it if not availed willingly (Finkelhor & Kersti, 1985, p.123). The misguided thought drags many women into unwanted sex. The implication here is that, the non-consensual sex is not out of any enforcement or threat, but out of a certain way of misguided thinking because the women will definitely give in.
Illiteracy and/or little education among many females in many communities especially in developing countries, causes total economic dependency to the husbands; therefore, women hold that if they refuse the demands of their husband, they risk abandonment. According to Markus, “…these women most of them illiterate or very poorly educated are married at very young ages” (2008, p.246). The attribute of illiteracy and poor education to marital rape is also misdirected. When women fail to communicate in a marriage on the pretext of illiteracy and assume that the husband has all the rights, then this misconstrued thinking and perception leaves the woman without liberty on sexual issues. If couples could speak out their attitudes and feelings openly to one another then illiteracy would not attribute to marital rape.
Cultural myths associated with human sexuality contribute greatly on thinking of many people in different communities. In this case, people’s thinking depends on these myths and therefore their behaviour is inclined to the cultural myths. Personal character and attitudes of these people depend on the myths as well. To the surprise of McCammon and Knox, “some myths ascribe to the belief that when women say ‘yes’ they mean ‘no’ and good wives enjoy sex and therefore their duty to have sex throughout” (1998, p.356). This belief coins the people’s thinking to accept this lie, which remains an outright misconception. Couples under the forces of such myths have little to do other than comply with their cultural believes.
Conclusion
Attribution theory helps to clearly explicit and shade light on the controversial marital rape problems. Although critics hold that marital rape is nonexistent, it is clear that couples in some marriages do experience marital rape attributed for factors like illiteracy, poor economic backgrounds, myths surrounding the communities, and early marriages. Through these factors, people’s thinking and interpretation of events tend to influence their behaviours in their sexual lives and therefore end up committing ‘vices’ as marital rape.
Reference list
Finkelhor, D., & Kersti, Y. (1985). Licence to rape. New York: The free press.
Markus, F. (2008). Social psychology. New York: Wiley.
McCammon, S., & Knox, D. (1998). Making choice in sexuality, Research and Application. USA: Macmillan publishing.
Sexual violence is a widespread phenomenon and crime throughout the world. Despite its frequency in the world, in most countries, the vice has not been well researched. However, available data shows that at least one in four females may encounter sexual aggression by a close colleague while up to one-third of teenage girls report that their initial sexual encounter involved the use of force. Sexual violence has a serious negative physical and mental health impact on the perpetrators. In addition to the substantial risk of physical injury, it is also highly linked to an increased risk of sexual and reproductive health problems (Brennan & Taylor-Butts, 2008). Further, it leads to both short-term and long-term consequences on the victim. The mental health impact may be as long-lasting as the physical impact (Marshall, Laws, & Barbaree, 2013). Deaths may also occur because of suicide, HIV infection, or murder during the sexual assault or as a “murder of honor” on the victim to remove shame from the family. Victims may also face social problems through stigmatization and being ostracized by their families and other members of society. In a marriage setting, coerced sex is the most common form of sexual violence. It may lead to gratification on the part of the perpetrator although its main purpose is often an expression of dominance over the victim (Meier & Nicholson‐Crotty, 2006). Often, men who coerce their wives into having sex believe that they have a right because they are married to the women. During periods of confrontation, rape against males and females is often deployed as a means of combat against the opponent through the characterizing of the invasion and the dilapidation of detained opponent troops. It is also used as a punishment against women for doing acts that violate social or moral codes such as dress codes, drunkenness in public, or adultery among others.
Definition of Sexual Violence and Rape
According to Ullman (2010), sexual violence is defined as any sexual act, unwanted sexual comments or advances, attempt to obtain a sexual act, or acts directed against a person’s sexuality using coercion. The sexual acts may occur to a person regardless of the relationship with the perpetrator in any setting including the home, work, field, or any other space. However, this definition is because of a long evolution process over the years since the rise of the anti-rape movement in the United States in the 1970s. Marshall et al. (2013) confirm the widespread misconception that rape occurs when a stranger using overwhelming force attacks a woman. Such a definition implies that boys or men and girls or adolescents cannot be raped. Further, it implies that a person cannot be raped by someone known to him or her and that forced anal or oral sex cannot be categorized as rape (Meier & Nicholson‐Crotty, 2006). It is for the above misconceptions and differing opinions on the definition of rape that attempts to discuss the topic are frustrating.
Before the 1960’s rape in the United States, a simple common law definition was used throughout the country that defined rape as a carnal understanding of a female who is not one’s spouse by force or contrary to her will (Marshall et al., 2013). In 1962, the United States Model Penal Code (MPC) was established and led to changes in the definition of rape. According to the MPC, rape is defined as an act of a male who has sexual contact with a female who is not his spouse. Such a male is culpable if he coerces the female to comply by force or intimidation (Meier & Nicholson‐Crotty, 2006). However, the definition is also limiting as it implies that rape can only occur against a woman (Armstrong, Hamilton, & Sweeney, 2006). Further, it is limiting, as it does not acknowledge rape in a marriage or within cohabiting couples. It is also limiting since it is focused on the victim’s consent rather than the perpetrator’s forcible conduct. The MPC was also limiting since it established a grading system, for the seriousness of the rape and related offenses (Marshall et al., 2013). For instance, the grading system viewed rape by a voluntary social companion as a less serious offense than rape by a stranger. It further viewed the rape of men as less serious than the rape of women. In the 1970s and 1980s, extensive rape reform legislation was undertaken throughout the country with a view of making it more inclusive by eliminating previous loopholes. Following the reform, the legal definition of rape changed dramatically.
Michigan’s 1975 Criminal Sexual Conduct Statute and Illinois’ Criminal Sexual Assault Statute are considered national models for the definition and legislation relating to rape. The two statutes define rape in broader terms where they incorporate various tenets. Firstly, the two statutes ensure gender neutrality where they broaden the definition of rape to include men (Brennan & Taylor-Butts, 2008). They also include acts of sex other than vaginal penetration by a penis. They also distinguish the degree of sexual abuse by the amount of force or threat of force used against a victim. This is similar to the “aggravated vs. simple” distinction, which is applied in other crimes such as physical assault (Marshall et al., 2013). The statutes also broaden the definition of forces that can be used to include threats as well as overt force as ways through which perpetrators overpower victims (Marshall et al., 2013). Further, the definitions also include taking advantage of weak or incapacitated persons such as the disabled, the mentally ill, those under the influence of drugs, and alcohol.
Despite the reforms and changes that have occurred over the years, the definition of rape still attracts considerable debate regarding what constitutes sexual assault or rape and/or how it should be defined. In the United States, the Federal Criminal Code is the nationwide standard of defining sexual assault and rape (Armstrong et al., 2006). The criminal statutes are applied state to state while the Federal Criminal Code is national. The Federal Criminal Code, in addition to including the reform provisions provided by the two statutes, that is gender neutrality, and a broad definition of sexual assaults further incorporates a distinction between types of sexual abuse as determined by the threat of force and the degree of force (Ullman, 2010). Secondly, it does not require the use of the term “rape” and hence does not demand the victim to label the act of rape as such (Armstrong et al., 2006).
The federal statute definition also includes two classifications of sexual assault. The classifications of rape are sexual abuse and aggravated sexual abuse. The Federal Criminal Code’s definitions of sexual abuse include causing another person to engage in sexual acts through intimidation or threats that cause fear in the victim. In addition, the definition includes the engagement in sexual acts if the victim is incapable of declining to participate in or unable to communicate unwillingness in the sexual act (Meier & Nicholson‐Crotty, 2006). The Federal Criminal Code further classifies sexual abuse into two other categories. For instance, Abusive Sexual Contact involves the process whereby there is an intentional touching of genitalia, breasts, anus, inner thigh, groin, or buttocks, with the intention to abuse, degrade, arouse, humiliate, or gratify the sexual urges of the perpetrator (Marshall et al., 2013). The second type of sexual abuse is the Sexual Abuse of a Minor or Ward, which is defined as knowingly engaging in sexual acts with a minor, that is, an individual between the ages of 12 and 15 years.
Aggravated Sexual Assault is classified into three categories of assault. Firstly, Aggravated Sexual Abuse by Force or Threat of Force is when an individual knowingly causes another individual to engage in acts of sex or attempts to force one to engage in sexual acts by using force against that individual. It also involves using threats or placing the individual in extreme fear of death, kidnapping, or serious bodily injury (Brennan & Taylor-Butts, 2008). This is also referred to as forcible rape. The second category is aggravated sexual abuse by other means. It is defined as knowingly rendering another person unconscious and consequently engaging in sexual acts with that other person. Further, it involves the process of administering a drug, intoxicant, or any other similar substance to another person by force or threat of force, or unknowingly, and thereby greatly impairing the person’s ability to appraise or control, and engaging in a sexual act with the impaired individual (Armstrong et al., 2006). Lastly, Aggravated Sexual Abuse with a Child occurs when an individual knowingly engages in acts of sex or attempts to do so with another person below the age of 12 years. This is commonly referred to as statutory rape and is a serious form of sexual abuse.
Types of Rape
Rape can be classified into different categories that are defined regarding the circumstances where and when the sexual assault occurs. Some of the types of rape and respective definitions include:
Date Rape- Rape committed on a person whom the victim is dating or is with for a date (Ullman, 2010). Date rape is categorized under the acquaintance rape category, which involves rapes committed by a person who knows the victim or involving drug-facilitated sexual assault where a person knowingly drugs the victim with a drug to incapacitate them to perform sexual acts without their consent. Indeed, the majority of rape cases fall into this category where individuals known to the victim commit two out of three rape cases (Meier & Nicholson‐Crotty, 2006). Date rape or acquaintance rape can occur between two people known to each other through social situations, between two people who are in an intimate relationship such as a couple who have had consensual sex in the past, between friends, between two people at the beginning of dating, or between acquaintances (Marshall et al., 2013). It is perpetrated by co-workers, family members, friends, schoolmates, teachers, and other acquaintances that the victim knows and interacts with within his/her social circles. Date rape is especially very common among college students where the majority of the victims are college girls as opposed to the college men, who are mainly the perpetrators.
Marital Rape/Spousal Rape- Spousal Rape, also known as Marital Rape is a form of rape committed by a victim’s spouse in a marriage setting. Although marital rape occurs to both men and women, the main victims are the women while the perpetrators are their husbands (Brennan & Taylor-Butts, 2008). Marital/Spousal rape is a complicated form of rape since in most cases; the perpetrators often believe that they have a right to sex because they are married to the victims (Marshall et al., 2013). Marital rape is often accompanied by verbal and physical abuse, which further makes it a dangerous combination for the victim.
Gang Rape-This rape is a form of rape that is perpetrated on a victim by a group of two or more individuals. Gang rapes are known to be more violent and although there is less resistance from the victim because he/she has no strength to overcome the assault, the likelihood of long-term injury in the victim increases drastically (Meier & Nicholson‐Crotty, 2006). It is also important to note that although both males and females may face gang rape, more women than men are victims.
Rape of Children- Rape of children is a form of rape on persons who have not attained the legal age of being an adult. Rape of children involves various forms of rape such as those committed by a child on another, which forms the child-on-child sexual abuse, incest, and aggravated assault on children and minors (Armstrong et al., 2006). Rape of children can result in long-term physical and psychological complications that may haunt the victim for the rest of his/her life.
Statutory Rape-Statutory rape is a form of rape involving a minor who is not legally viewed as having the ability to consent to sex. In other words, statutory laws seek to protect young people from sexual exploitation by treating any sexual contact with a person as an offense (Brennan & Taylor-Butts, 2008). In this case, whether the minor has initiated or consented to sex, it is still a crime because the victims under certain defined age are not presumed to be legally able to consent to sex. The age of consent is the age at which an individual is viewed as legally able to consent or initiate sex. For example, the age of consent varies from 16 years to 21 years depending on the state or country in focus (Marshall et al., 2013). Statutory rape may be violent or non-violent and is recognized by law as a serious criminal offense (Meier & Nicholson‐Crotty, 2006). However, in some states and countries, sex between persons younger than the age of consent is allowed if the age difference between the two partners is small.
Payback Rape-This form of rape occurs as a means of revenge for acts committed by the victim or his/her family (Armstrong et al., 2006). However, such payback rape is common in certain cultures such as the Pacific Islands. The payback rape is committed by a group of men to humiliate the victim’s family for the acts committed by the brothers or the father of the victim.
Prison Rape-As the name suggests, this kind of rape majorly occurs in the prison setting and is perpetrated on victims by another inmate (Ullman, 2010). Because prisons are sexually segregated, rape cases in the facilities are committed against people of the sex. In most cases, the perpetrators are not gay.
Stranger Rape-This is a form of rape perpetrated by an individual unknown to the victim (Marshall et al., 2013). Although this is the ideal kind of rape when people are discussing the topic of rape, it accounts for less than a third of rape cases in the world.
Drug Facilitated Sexual Assault or Rape-This type of rape occurs where the perpetrator knowingly administers a drug to another person to commit sexual acts on such a person and consequently engage in sexual acts with the intoxicated person. In some cases, both the victim and the perpetrator may be under the influence of alcohol (Armstrong et al., 2006).
War Rape-This type of rape is committed by soldiers or other combatants on civilians during war, conflict, or military occupation. It may also involve forced sexual slavery by the occupying power in a given society (Meier & Nicholson‐Crotty, 2006). Rape during a war is used as psychological warfare with the aim of humiliating and defeating the enemy through demoralization. In some cases, the military authority sanctions rape carried out during a war where soldiers are required to rape civilians as a war strategy (Marshall et al., 2013). War rapes have been classified as war crimes committed on innocent civilians during wartime.
Custodial Rape-This form of rape is committed by individuals in authority over others who they are in charge of such as in police stations, hospitals, or orphanages (Brennan & Taylor-Butts, 2008). The crime is committed by people in supervisory or custodial positions such as hospital employees, police officers, and public servants.
Corrective Rape-corrective rape is majorly committed on people who are not heterosexual such as gays, lesbians, or transgender. It is a form of punishment for violating gender roles in society (Marshall et al., 2013). However, it is commonly undertaken on lesbians, which is justified by the perpetrator as a necessary step to reversing or correcting the person’s sexuality.
Categorization of Rapists
The underlying motives behind the perpetration of rape are a major concept of understanding the crime. In most cases, rapists have an intention and driving factors that push them to commit the crime (Meier & Nicholson‐Crotty, 2006). However, it does not mean that the motives of a perpetrator are justifiable or allow rape to be viewed to of lesser degree than others. In other words, rape is a crime regardless of the motive of the perpetrator as dictated by the law.
The first category of rapists is the Power Rapist. According to Ullman (2010), power rapists can further be categorized into two, that is, Power Reassurance rapists and Power Assertive rapists. In both categories, the people who perpetrate rape are convinced of their sexual prowess and are ready to show it to the victim. Power rapists do not intend to harm the woman and as such are less aggressive as compared to other rapists (Armstrong et al., 2006). Further, they do not use unnecessarily large force to achieve their aim. In most cases, they only exhibit anger in response to the victim’s reactions of resistance to their advances (Marshall et al., 2013). However, they are ready to use any amount of force to accomplish their goal of having sex with the victim. However, unlike other rapists, they are more likely to run away if the victim shows aggression or screams, as they do not want to harm the victim. They aim to have the victim submit or own her sexually (Brennan & Taylor-Butts, 2008). In cases where the perpetrators are known as the victim, rapists use their power to achieve their evil desires without caring how the victim will be affected by the sexual acts.
The Power Reassurance Rapist under the power rapists is premeditated and is characterized by sexual or rape fantasies by the perpetrator. The object of such fantasies is the future victim, who the perpetrator wrongly believes wants him. Indeed, during the assault, the perpetrator may require the victim to tell him that she wants to have sex and that she is enjoying it. Since the perpetrators do not believe that they are committing a crime, they often give the victim their number or contact to call to arrange for another “consensual sex” encounter (Marshall et al., 2013). The offender uses instructional and inquisitive language characterized by giving orders, asking personal questions, and expecting responses from the victim. In addition, the perpetrators do not use a lot of force, and any physical injuries that may arise are accidental rather than intentional. The sexual offense is also characterized by the threat of a weapon but in most cases will not have such a weapon (Marshall et al., 2013). Any weapon brought to the scene is majorly for intimidating as opposed to being used to harm the victim. This kind of rapist is often referred to as a “gentleman rapist” since he spends a short time with the victim, unless she is compliant, where he tries to engage in “pillow talk” after the crime (Ullman, 2010). The perpetrator is also interested in sexually satisfying the victim. Most likely, he or she will try to contact the victim in the future to apologize or to plan a second assault. The rapes are planned and well-executed depending on the vulnerability of the victim. Besides, the offense is committed within the neighborhood or workplace (Marshall et al., 2013). The rapists are repetitive and may tend to increase aggression over time.
The second category under the power rapists is the Power Assertive Rapist. Power assertive rapists use their anger to prove their power and sexual virility over women. Unlike in the power reassurance rape cases, rape cases in power assertive situations are spontaneous, impulsive, and unplanned. In most cases, the perpetrators meet their victims at parties, bars, clubs, or other social gatherings (Meier & Nicholson‐Crotty, 2006). Indeed, according to Brennan and Taylor-Butts (2008), many acquaintance rapes are perpetrated by this category of rapists. The rapist also uses a lot of bad and offensive language intending to intimidate the victim into submission. Although the rapist does not intend to harm the victim, he is ready to use adequate force to subdue the victim. In most cases, the rapists use the fist as the weapon of choice since due to the lack of pre-planning, the rapist will rarely have a weapon unless he always carries one such as a penknife (Meier & Nicholson‐Crotty, 2006). Like the power reassurance, the rape assault duration is relatively short. In addition, the rapists often attack far away from their workplace while the victim tends to be the same age or older than the offender. The rapist may commit multiple assaults in a single evening or a span of a short duration to prove his masculinity (Marshall et al., 2013). The perpetrator may have prior criminal records such as assault and battery, reckless driving, or breach of peace.
The third category of rapists is the Anger Rapists. As the name suggests, these rapists’ assault is characterized by anger that is exclusively directed to women although, in some cases, the anger may be directed on men. The amount of force and aggression used in this type of rape is unpredictable and can range from verbal abuse to murder (Meier & Nicholson‐Crotty, 2006). Although just like the power rapists the time used is short, the amount of violence and force used on unresisting victims is excessive. If the victim resists, the force used increases drastically. In addition to the rape, anger rapists often cause serious bodily harm to the victims (Brennan & Taylor-Butts, 2008). The anger rapists often have underlying mental issues, and their main aim is to humiliate, degrade, and abuse the victim of their actions where they often use derogatory language to accompany the attack to achieve maximum harm on the women. To the anger rapists, women are dirty and deserve to be raped and misused the way the rapist deems fit. The anger rapist often places his anger for another woman such as his wife or a girlfriend, on another innocent woman, who may be known or unknown to the perpetrator. There exists no evidence to link anger rapists to erotizing their actions or having sadistic fantasies (Meier & Nicholson‐Crotty, 2006). Such attacks are unplanned and instead influenced by events in the offender’s life. The use of a weapon is entirely dependent on the access and opportunity to have such as weapon since the attack is unplanned. The duration spent in the ordeal is also very short (Marshall et al., 2013). The time of the attack is spontaneous and can be any time of the day or night.
The last category of rapists is the Sadistic Rapist. The sadistic rapist is an extreme category that involves extreme sexual aggression, where the rapists have destructive erotic fantasies. Sexuality and aggression are intertwined according to the sadistic rapists. They achieve sexual satisfaction by causing physical and mental harm to the victim. To achieve even greater arousal and sexual satisfaction, sadistic rapists increased the force and pain on the victim (Brennan & Taylor-Butts, 2008). The main areas of the body where the perpetrators focus are the sexual organs on which they target their abuse and injury. In this case, they often involve object rape and anal rape as well as extreme and bizarre acts such as giving victims enema. Other extreme acts that have been noted are dismembering of victims and subsequently having sex with the dead bodies.
Response to Rape by the Society
Different societies respond to rape in different ways. In some societies, rape is a serious crime that attracts condemnation by all members while in others it is a crime that should not be spoken about. Some of the key ways through which societies respond to crime are through victim-blaming and stigmatization. In victim-blaming, victims of rape are often blamed for the events that occurred to them. In this case, the members of the society may argue that the victim was dressed inappropriately or was acting in a manner to connote sexual desires. In addition, those who blame the victims argue that the crime could have been avoided if the women had fought back (Marshall et al., 2013). Women who fought back are more likely to be believed that the rape took place and was unavoidable, as opposed to those women who had less aggression towards the attacker. The second response to victims of rape is stigmatization or slut shaming. In this case, the victim is disgraced, tainted, and dishonored following the event. In addition, victimization is equally noted in both stranger or acquaintance rapes (Ullman, 2010). In extreme cases, women are shunned by society or even murdered in “honor killings” for bringing shame to the family or society.
Conclusion
While rape remains one of the key gender-based violence, it is highly underreported and misunderstood. Some of the key misconceptions relating to rape include rape in a marriage where people in the marriage cannot be viewed as having been raped by their spouses. However, as the paper has revealed, rape involves many acts of sex that are not consensual by both sexes. The types of rapes also show the different categorizations and definitions of rape in the legal environment. The motives of the rapists have also revealed the different types of rapists. Lastly, the ways the society responds to rape is also a major theme in understanding the crime. Stigma and shaming of victims are keyways that society uses to respond to the vice.
Reference List
Armstrong, A., Hamilton, L., & Sweeney, B. (2006). Sexual assault on campus: A multilevel, integrative approach to party rape. Social Problems-New York, 53(4), 483.
Brennan, S., & Taylor-Butts, A. (2008). Sexual assault in Canada, 2004 and 2007. Ontario, Canada: Statistics Canada.
Marshall, W., Laws, D., & Barbaree, H. E. (2013). Handbook of sexual assault: Issues, theories, and treatment of the offender. Berlin, Germany: Springer Science & Business Media.
Meier, K. J., & Nicholson‐Crotty, J. (2006). Gender, representative bureaucracy, and law enforcement: The case of sexual assault. Public Administration Review, 66(6), 850-860.
Ullman, S. E. (2010). Talking about sexual assault: Society’s response to survivors. Washington, D.C: American Psychological Association.
Rape, a heinous crime committed against women involves forced intercourse which causes physical and psychological pain to the victim. The aftermath of the crime can continue to be a cause of distress for the victim as a result of police investigations. Rape has a stigma surrounding it and the attention which rape victims receive makes it hard for them to get back to their daily lives. The shame associated with rape attracts unwanted public and media attention, making victims susceptible to more psychological distress.
There is an ongoing debate between the protection of rape victims’ individual’s right to privacy and the right to freedom of press guaranteed by the first and fourteenth amendments (Denno 1993, p. 1115-1116). The issue of revealing a rape victim’s identity is a matter of controversy. Proponents argue that information about the rape victim should be disseminated in an honest and truthful manner while opponents assert that the identity of rape victims should not be revealed given the serious nature of the crime.
However, research and studies indicate that rape victims could receive “negative reactions from formal support providers” which could be “particularly harmful for them” (Ahrens 2006, p. 264). The media does practice voluntary restraint when reporting rape crimes; however, there is no law governing the disclosure of rape victims.
Some states such as South Carolina, Florida and Georgia have statutes which prohibit media companies from publicly announcing the names of alleged rape victims (Denno 1993, p. 1115). However, the lack of concrete laws preventing disclosure of rape victims’ identities has sparked a conflict. Some journalists debate that disclosure of victims is an important obligation for maintaining the accuracy and credibility of news.
Overholser (1989) asserts that since “rape is an American shame” it is not appropriate to “hide” or “hush it up” (para 15). She further adds that it should be revealed in all honesty to the public since hiding information related to rape will only result in muting “public outrage”(Overholser 1989, para 15).
Overholser’s strong position in favour of revealing the names of rape victims stems from her belief that an act of non disclosure will only undermine the serious nature of the crime and promote shame for the victim. Moreover, underreporting is tantamount to silence and an indication of shame to the innocent victim. She asserts that in order to remove the stigma associated with rape it is important to treat is as any other crime and report the news in all honesty (Overholser 1989, para 5).
She states that rape should be treated equally like other crimes such as abortion and murder so that public awareness will increase and the rate of rape crimes will reduce. She urges women who have suffered from this “awful crime” to speak up, and “identify themselves” so that the stigma associated with rape can be eradicated (Overholser 1989, para 12).
On the other hand, some scholars argue that rape victims have already been through an ordeal due to the heinous crime and do not bear the responsibility of removing the stigma attached to rape by disclosing their identities and compromising their right to privacy. Analysts who vouch for the non disclosure of rape victims’ identities base their stance on the stigma and trauma associated with rape. There is an ongoing debate about the consequences of revealing a rape victim’s personal details.
Research indicates that victims could receive negative reactions such as blaming the victims for the crime (Ahrens, 2006). When victims of rape are subjected to blame, they feel doubly victimized (Campbell, 1998). Research also confirms that rape victims’ apprehend public disclosure due to the fear of rejection by friends and family since “the great majority of rapes are committed by an acquaintance or relative and, therefore, the consent of the victim is often presumed” (Denno 1993, p. 1125).
Studies indicate that 71% victims had concerns about their identity being disclosed to their family, 69% worried that society would blame them for the crime while 68% expressed fears of invasion of privacy from outsiders upon disclosure of their names in public (Denno 1993, p. 1125).
A National Women’s Study affirms that majority of the women in the United States favour a legislation to ban the media from publicly disclosing personal information about rape victims (Denno 1993, p. 1130). Many rape cases are not reported to the police due to the stigma associated with the crime and the embarrassment it brings to the victim. Non disclosure of names could serve to be an added incentive to victims to report rape cases without the fear public exposure.
Both proponents and opponents of the debate surrounding the disclosure of the victims in rape cases hold justifiable views. Naming a rape victim could cause problems like trauma and shame to the accused. Hence, in the best interest of the victim and the accused, I support the view that names of rape victims should not be revealed to the general public.
Privacy of victims remains to be a primary cause for concern in rape crimes while journalists press for disclosure of victims based on the right to freedom of press. So far the media has not been held accountable for disclosure of rape victims’ identities. However, considering the serious nature of the crime and the trauma associated with it, serious thought should be given to state legislation for protection of victims’ privacy.
Works Cited
Ahrens, Courtney. “Being silenced: The impact of negative social reactions on the disclosure of rape.” American Journal of Community Psychology 38 (2006): 263-274. Web.
Campbell, Rebecca. “The community response to rape: Victims’ experiences with the legal, medical, and mental health systems”. American Journal of Community Psychology 26 (1998): 355-379. Web.
Denno, Deborah W. “Perspectives on Disclosing Rape Victims’ Names”. Fordham Law Review. 61.5 (1993) Web.
Overholser, Geneva. “Why Hide Rapes?” New York Times. 1989. Web.
Injustice in criminal justice systems is a rather common situation that cannot be eradicated just yet. There are numerous reasons that impact judges’ outlooks and negatively affect the possibility of positive outcomes. Therefore, there may be a situation where the victim will suffer even more when going to the court and trying to protect their views and freedoms. The current paper will concentrate on this issue as the author is going to elaborate on the case where a man allegedly raped his wife and got away with it while getting joint custody of their child.
The whole situation revolves around the county judge of Sanilac who granted parental rights to the man who raped the mother of an 8-year-old. Interestingly, the mother of the child was a victim of sexual assault at the age of 12 but her offenders were never properly charged. The woman tried to seek child support but the judge took another route and gave parental rights to the offender. It is a shocking decision, especially knowing that the man never asked for these rights. Currently, these two individuals share a joint custody of the child even though the child’s mother never gave her agreement to sharing custody.
From one of the perspectives, the article is a direct representation of the people that were affected by crimes in a negative way (directly). On the other hand, there is much broader impact on society that can be triggered by decisions like the one that will be analyzed within the framework of the current paper. From another perspective, one can perceive this case as a direct aftermath of sexual assault where every party involved in the dealings can be affected by the outcomes. As it can be seen from the situation at hand, the offender was never willing to have custody of the child but the court’s decision obliged him to take it. This, accordingly, led to a more unpleasant situation that was encountered by the victim. She never showed any sign of wanting to cooperate with the criminal and raise the child together but the court’s decision seemed not to take her viewpoint into consideration. It is also interesting that it was the victim who had to accommodate and move to the offender’s place so as to comply with the court’s decision.
This kind of situation definitely impacts society. If we take a closer look at it, we will see that the possibility of a rapist having custody of a child may open new perspectives for other criminals as well. Accordingly, the society will have to ask itself if it is ready to comply with a situation where, for example, in line with the court’s decision, bank robbers will receive the money they intended to steal. In some sense, the court’s decision to give joint custody to a rapist can be perceived as an “ok” signal for other criminals and the researcher is keen on investigating the possibilities of proving that crime does (but should not) repay and that some criminals may remain unpunished (while actually, they should be).
Criminology Theories
In order to be able to come to a reasonable conclusion at the end of the paper and evaluate the situation from a number of different perspective, the researcher will investigate the root of the court’s decision in terms of three criminological theories – general strain, rational choice, and feminist-based. The rationale for this is the complex structure of the issue that revolves around rape, custody, and county judge’s ethical positioning. To start with, the researcher will share the weakest arguments and then add more strength gradually.
The first theory that can be aligned with the current case is general strain theory. Accordingly, this means that the criminal could have suffered from stressors and sexually abused the victim so as to try to cope with his stress (Tasca et al. 1170). The situation at hand shows that he was able to escape his alleged strains successfully. It is not perceivable whether he had a desperate need for sexual intercourse at the time when he committed rape, but it is evident that his main objective was not to acquire joint child custody with the victim. Even if the crime made him feel better, the outcomes of the situation turned out to be relatively negative for both of the parties involved in the case. Accordingly, the researcher can conclude that general strain theory can be applied to the current case because the criminal’s alleged strains led him to raping the victim.
However, we should always make sure that the characteristics of strains that can lead to crimes are also included in the general strain theory. In terms of the current case, there are several conditions that could have provoked the alleged criminal to rape the victim – (a) he saw injustice being displayed by the victim, (b) the latter highly impacted him personally, and (c) he was exposed to a low level of social control that created less pressure on him than on his peers, for example (Hayes et al. 213). Even though the majority of rapes are weakly related to the general strain theory, the failure to recognize the impact of strains on the crime occurrence rate may have dreadful consequences. Despite the victim’s exposure to stressful life events, criminal justice system should pay more attention to criminological theories that can be seen as the grounds for the future crimes. Knowing that rape receives almost no attention in criminological literature in terms of finding ways to protect the victim, it is important to continue fighting injustice and discrimination.
Another theory that can fit the current court case decision is the rational choice theory. The only difference consists in the fact that the judge that granted joint child custody to the rapist may have used it wrongfully. According to the theory, a crime will be committed if the person sees that they will be able to get the reward they want while being punished (Powell 273). Yet, it in the case of the journal article at hand, the rapist was not interested in any benefits (such as joint child custody). This raises the question of whether it is reasonable to base certain court decisions regarding rape on rational choice theory. It is evident that for the criminal, the pain of court punishment (there was none) did not outweigh the potential gain (knowing that the criminal did not want to acquire joint child custody, this can be perceived as more of a loss than a gain).
This leads the researcher to the conclusion that when it comes to arguable court decisions regarding rape cases, there is little chance that rational choice theory will be applied correctly and protect the victim from being exposed to negative consequences. While rational choice theory is recurrently linked to the concepts of general and specific deterrence, there is no way to mitigate the number of rapes by means of trying to see what kind of potential gain the rapist was looking for while committing the crime (Smart 101). Also, similar limitations can be found in routine activities theory and lifestyle theory. This motivated the researcher to find a criminological theory that would best reflect the views that can be utilized to protect females from being victimized and underrepresented in court.
This theory relates to feminist-based criminology and bears resemblances to numerous topics that are not generally addressed by other criminological theories. The key strength of this theory, when applied to the case at hand, consists in the fact that it provides the criminal justice system representatives with a possibility to examine official data with an insight into female experiences and draw parallels between the crime that was committed and probable female’s role in it (Siegel 63). This leads to the idea that quite a few court decisions can be “colored” by gender and feminist criminological theory is intended to equalize the situation and provide females with more rights. There have been numerous interviews that helped the researchers in the area to study the relationship between crimes and female victimization. When combined, both qualitative and quantitative data regarding a female’s involvement in the crime may critically affect court’s decision.
The exploration of these factors may be necessary to limit the occurrence of wrongful decisions that bring injustice and suffering. One of the most important aspects of feminist criminological theory is that is does not go in line with the mainstream criminology fully. Accordingly, from the point of this theory, the offender merely took his male-dominant role for granted and applied his physical force toward the victim. This led the researcher to the idea that when it comes to females being raped by men, there is no place for a value-free stance that is mostly preferred by the authors of other criminological theories. In order to understand the basics of the female view of the world, judges should not detach themselves from the subject matter when it comes to rape-related crimes (McKimmie et al. 2282). There is one suggestion that can be made by the author of this research paper – feminist criminological theory should motivate the criminal justice system to pay more attention to social change and work toward transforming policies, criminal laws, and detention practices.
Proposed Policy
Even though it is shocking and unbelievable, the ultimate court decision gave parental rights to the offender. This obliged the victim to cooperate with the person that sexually assaulted them. Arguably, there is nothing less pleasant than raising a child with the person that offended you. Of course, it is also interesting that both parties are not pleased with the outcomes of the court case but they have to cope with it. The victim’s lawyer is currently trying to seek protection under the Rape Survivor Child Custody Act but there is a little chance to correct the alleged court’s mistake in terms of virtually supporting the criminal. One of the decisions that can be seen to help the victim here is to apply for more funding and build up a position that will permit the victim to terminate the offender’s parental rights. Evidently, there will be another hearing on the matter but there is a need to revise the existing policy and oblige the victims of rape crimes to be able to address the issue in court immediately. For instance, the victims should be free to come to any given law enforcement agency and to take a record of bodily injuries incurred as a result of battery. Accordingly, a court hearing should never be delayed when it comes to rape cases and the latter should be addressed with all seriousness.
While no one cannot predict the next victim of rape, the existing criminal justice system can become more flexible in terms of providing support to the victims that cannot stand up for themselves just yet (for example, if they are 12-year-old like the victim was in the case at hand). The government should focus on incorrect court decisions that may lead to the decline in societal satisfaction and interpersonal issues that cannot be resolved locally. This idea can be framed by a criminal justice policy that will include all the aspects discussed above and an obligation to conduct all the necessary stages of medical expertise that can help law enforcement agencies to prosecute criminals and provide maximum protection to the victims. At the same time, the dual nature of this issue does not allow any given court to take the victim’s side by default. This is why more criminological theories should be reviewed when amending the existing policy and making decisions in court that can impact one’s future in a major way.
Conclusion
The author of this article believes that the issue at hand can be interesting not only to the potential victims of rape but to every member of our society because it is associated with a number of criminological implications that can negatively affect the quality of human life. The impact of such issues on society is inconceivable due to the fact we encounter more and more arguable court decisions every day. The court’s decision to give child custody to a rapist is absolutely shocking and outrageous but there should be ways to fight this kind of irrationality. Knowing that the existing society is male-dominated, we have to make sure that females have rights and freedoms identical to the male ones. In the nearest future, every country around the world should ensure that their females have proper protection and will not suffer from wrongful court decisions.
When considering such situations, there is nothing left but to project such court decisions on yourself – in that case, it becomes scary, and it is extremely important for mankind to find a solution that will equalize men and women in terms of rights so that the latter would not suffer from judicial decisions capable of negatively affecting the life of each party involved in the problem. An in-depth analysis of the criminological theories proposed by the author of this paper led them to the conclusion that there are several perspectives that should be addressed at all times when dealing with rape cases. Despite numerous auxiliary factors, full medical and mental check-ups can be used in association with the core concepts of the feminist-based criminological theory so as to provide females with the maximum level of protection – only in cases where the guilt of the attacker was absolutely proven and confirmed by factual evidence. Criminal justice systems are widely known to delay hearings while waiting for hard evidence and that can be seen as one of the key limitations that yet have to be addressed by the researchers in the area of criminal justice and rape victimology. Other than that, courts should never side with criminals and make decisions that are illogical, immoral, and unethical.
Works Cited
Hayes, Rebecca et al. “Victim Blaming Others: Rape Myth Acceptance and the Just World Belief.” Feminist Criminology, vol. 8, no. 3, 2013, pp. 202-220.
McKimmie, Blake et al. “What Counts as Rape? The Effect of Offense Prototypes, Victim Stereotypes, and Participant Gender on How the Complainant and Defendant are Perceived.” Journal of Interpersonal Violence, vol. 29, no. 12, 2014, pp. 2273-2303.
Powell, Anastasia. “Seeking Rape Justice: Formal and Informal Responses to Sexual Violence through Technosocial Counter-publics.” Theoretical Criminology, vol. 19, no. 4, 2015, pp. 571-588.
Siegel, Larry J. Criminology: The Core. Cengage Learning, 2018.
Smart, Carol. Women, Crime and Criminology: A Feminist Critique. Routledge, 2013.
Tasca, Melinda, et al. “Police Decision Making in Sexual Assault Cases: Predictors of Suspect Identification and Arrest.” Journal of Interpersonal Violence, vol. 28, no. 6, 2013, pp. 1157-1177.
Essentially, sexual violence has become one of the most important concerns in the contemporary world. Importantly, this has become a critical concern when it comes to the social welfare of women because they are the most affected. The traditional disregard for women and gender have contributed to the increasing cases of sexual assaults around the world. It cannot be disputed that sexual violence is a result of social, personal, and psychological factors that affect people’s behaviors in society. According to a report that was released by the Department of Justice in 2013, 176,630 people in the USA are victims of rape and sexual violence (Brown, 2012). Although this population is approximately 0.1 percent of the USA’s population, the number is substantial, especially when dealing with a first-world country. In this light, therefore, this paper seeks to discuss the issue of rape extensively. It will provide a definition of rape, identify its dynamics, and discuss some of the social, cultural, as well as psychological factors that affect rape. In addition, the paper will present some of the possible preventative measures which can be used to inhibit various kinds of rape that including data and acquaintance rapes.
Definition of Rape
Understandably, there are many definitions of rape that essentially differ according to the scope and orientation. However, basically, rape is committing sexual intercourse unlawfully or penetrating the mouth, anus, or vagina of another individual forcefully or otherwise without the permission of the victim. Evidently, the lack or existence of permission is the crucial determinant of whether the intercourse is a rape case or not. In other words, when the sexual intercourse or penetration is done with the consent of the partner, the act is not a rape case. On the contrary, if the intercourse or the penetration is done without the consent of the victim, the act becomes a rape case.
The Dynamic of Rape
The dynamics of rape have been researched and documented in a vast and effective manner. In essence, one of the most crucial concerns relates to the motivational factors of the act. Whereas it has been conceived that craving for sexual satisfaction is the main reason for the prevalence of rape, the truth is essentially very different and surprising. Most cases of rape are caused by the desire to control, humiliate and exercise gender-based power (Baaz, & Stern, 2013). Critically, raping is not a crime that is driven by passion or emotional craving. Instead, it is largely steered by violence, hostility, and sadistic attributes to harm the victim. The offenders simply seek to terrorize and kill self-esteem as well as the victim’s sense of self. As a result, there is an important lesson the world should learn from this realization. This lesson is based on the fact that rape is not a matter of sexual desire, but a medium that people use to express other emotions such as anger and hostility (Holcomb, 2010). Importantly, also, offenders use rape as a way of reducing sexual anxiety, fighting sexual helplessness, and reassuring their sexual adequacy. As such, it is evident that the critical dynamic of rape revolves around the essence of gender powers and control.
Social and Cultural Factors
Rape is a vast vice that has social and cultural aspects that increases its prevalence in society. One of the most important societal and cultural factors that cause rape is gender superiority. In the contemporary world, male dominance and women’s subservience can be attributed to increasing cases of rape. In addition, lack of gender equity steers the appetite to engage in rape and general sexual violence (Harrington, 2010). Other social factors include substantial tolerance of sexual violence, a high degree of other crimes, and poor clothing behaviors. Importantly, women in the contemporary world are exposing their nakedness to a degree that may prompt the willingness to rape.
Personal Psychological Factors
There are personal and psychological factors that increase the probability of committing this crime and increase its overall prevalence. According to Holcomb (2010), one of the personal factors that steer the vice is found in the abuse of drugs and alcohol. The abuse of drugs and the use of alcohol interferes with sexual and psychological stability. In addition, it increases physical aggressiveness and hostility. The combination of these two aspects leads to the desire for sex and the commitment to rape. Second, experiences related to sexual violence contribute to the likelihood of raping. Some of these experiences include coercive fantasies of sexual visualizations, undertaking impersonal sexual intercourse, and sexual abuse during childhood. Further, violence against the opposite gender, antisocial behaviors, and witnessing family violence leads to rape tendencies.
Prevention of Date, Acquaintance and Other Kinds of Rape
Whereas there are many ways in which a person can prevent rape, there are general and most acceptable methods. First, it is important to avoid meeting in private places during a date (Osuji, 2012). Publicity reduces the appetite for sexual assault and increases the likelihood of getting help in case it happens. Second, one should avoid overdrinking alcohol when interacting with friends of the opposite sex. Over-drinking increases vulnerability by reducing defensiveness and reasoning. Other preventative actions include wearing more clothes, avoiding risky areas, and reducing night-outs. These methods can be coupled with the mechanism of physical self defense and wearing special panties which prevent easy rape.
References
Baaz, M., & Stern, M. (2013). Sexual Violence as a Weapon of War. London: Zed Books.
Brown, J. (2012). Handbook on Sexual Violence. London: Routledge.
Harrington, C. (2010). Politicization of Sexual Violence from Abolitionism to Peacekeeping. Farnham: Ashgate Publishers.
Holcomb, W. (2010). Sexual Violence. Toronto: Hogrefe Publishers.
Osuji, C. (2012). International Law and Sexual Violence in Armed Conflicts. Leiden: Nijhoff Publishers.