Rape

For the domesticated crop plant called "rape", see rapeseed.

For responding to rape as a medical emergency, see sexual assault.

A rape was also a minor administrative division of Sussex equivalent to a hundred elsewhere in England.

Rape is a serious sexual assault that is regarded by many as one of the most grievous crimes, surpassed only by murder. The technical definition of rape includes any serious and destructive assault against a person or people, but in contemporary English the term is overwhelmingly associated with sexual assault.

Definition

In criminal law, the term refers to a sexual assault in which an offender forces an unconsenting victim to engage in sexual acts, primarily sexual intercourse. Some jurisdictions use terms such as "sexual assault" or "sexual battery". Some define rape as sexual assault with penetration. Rape can also refer to sexual acts with a consenting person that the law defines as too young to legally consent; this is statutory rape. Colloquially, the term "date rape" or "acquaintance rape" refers to rape that occurs between individuals who are dating or are acquaintances. Hypnotic (sleep-inducing) so-called "date rape drugs" such as flunitrazepam or GHB have also been used by rapists to render their victims unconscious prior to raping them. In the United States, the Uniform Crime Reports use "forcible rape" to refer only to rapes against females, by males; however other jurisdictions can define rape to include sexual assaults on, and by, members of either sex. Laws defining rape and associated issues, such as the "age of consent", vary greatly between different jurisdictions. For example, some jurisdictions make the distinction that even if intercourse was begun with the consent of both partners, the act becomes rape if one partner changes their mind during the act.

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

By its very nature, rape displays a 'total contempt for the personal integrity and autonomy' of the victim; '[s]hort of homicide, [it is] the "ultimate violation of self."'

Coker v. Georgia 433 U.S. 584, 597, 603 (1977) [53 L.Ed.2d 982, 996, 97 S.Ct. 2861] (plur. opn. of White, J.; conc. and dis. opn. of Powell, J.).)

Along with other forms of sexual assault, it belongs to that class of indignities against the person that cannot ever be fully righted, and that diminishes all humanity.

Mary M. v. City of Los Angeles 54 Cal.3d 202,222 (1991) [285 Cal.Rptr. 99; 814 P.2d 1341]

Under the British Sexual Offences Act 2003, which came into force in April 2004, rape was redefined. Instead of being non-consensual vaginal or anal intercourse it is defined as non-consensual penile penetration of the vagina, anus or mouth of another person. Rape is punishable by a maximum sentence of life imprisonment (as opposed to a maximum 10-year sentence for sexual assault under this statute, which was previously known as indecent assault).

Although a women who forces a man to have sex cannot be prosecuted for rape under British law, she can be prosecuted for "causing a person to engage in sexual activity without consent", a crime which also carries a maximum life sentence if it involves pentration of a mouth, anus or vagina. The statute also includes a new sexual crime called "assault by penetration" which also has the same punishment as rape and is committed when someone sexually pentrates the anus or vagina with a part of his or her body, or anything else, without that person's consent.

Rapist Profiles

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

• The power-assertive rapist: This is arguably the most common type of rapist and responsible for most date rapes. This individual tends to be athletic and macho and usually meets his victims in places like bars, though he can also con his way into a victim's home by posing as a police officer or repairman. He is physically aggressive enough to control his victim but does not intend to kill. He likes to degrade and traumatize his victims. His motive is opportunity based, meaning he doesn't specifically single out victims. This person usually has average or above average intelligence and usually has the presence of mind to avoid leaving evidence and does not take trophies. This type statistically accounts for approximately 40 percent of all rapes.

• The power-reassurance rapist: This individual lacks the social skills to develop relationships with women. He is not athletic or aggressive. Unlike the type mentioned above, this type actually does select and stalk his victim. Usually his victim lives or works within the same area he lives or works. He may try to engage in a fantasy by forcing his victim to emulate foreplay. He usually does not leave evidence but he may take trophies of his "conquests" and may even record them in a diary. This person usually has normal intelligence. It is often found that this individual has conscious doubts of his masculinity. This is the least violent type of rapist and does not intend to injure or kill his victim. Law officers sometimes call him the "gentleman rapist." He has a complex fantasy of a consensual relationship with a woman. This type statistically accounts for approximately 27.5 percent of all rapes.

• Anger-retaliatory rapist: This individual is often a substance abuser and is characterized by impulsive behavior and an explosive temper. Like the power-assertive type his motive is based on opportunity and he does not typically single out specific victims. This individual feels animosity toward women in general and his attack is typically spontaneous and brutal. Though, this attacker does not aim to kill his victim, he may beat the victim to death should she resist or fail to escape. This rapist is one of the most likely to leave evidence at the scene of the crime, and typically has below average intelligence. This type statistically accounts for approximately 28 percent of all rapes.

• The anger-excitation rapist: This is the most dangerous and elusive type of rapist. He is usually charming and intelligent, capable of planning the abduction and concealment of his victims. His motive may be selective or opportunity based. Once he has control of a victim, it is very unlikely that she will escape with her life. He is sadistic and after days of torture he may kill his victim to prevent the woman from identifying him, or for his sexual gratification. This type accounts for approximately 4.5 percent of all rapes.

Punishment

Rape is considered a loathsome crime in most cultures, and is sometimes severely punished by the law. Castration and so-called chemical castration have been used as a punishment for habitual offenders in some countries. In some countries, rape is punished by death– sometimes by stoning. There is a small number of countries where rape has and still is considered to be tolerable or even honorable and encouraged. Also in some cultures, a female victim of rape can be punished as a criminal sex offender, even when it is acknowledged that sexual intercourse was forced on her. Social attitudes toward rape and appropriate punishment are a subject of serious ongoing debate in some Western cultures. In the West the crime is usually punished by longterm imprisonment, with life imprisonment often being the maximum punishment. Rape was punishable by death in many US states at the beginning of the 20th century.

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

Effects

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

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

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

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

Warning signs

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

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

Underreporting

In 2001, only 39% of rapes and sexual assaults in the United States were reported to law enforcement officials—about one in every three, according to the 1999 National Crime Victimization Survey. The most common reasons given by victims for not reporting rapes are the belief that it is a private or personal matter and that they fear reprisal from the assailant.

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

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

Custodial (Prison) Rape

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

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

Prisoner Rape: Law, Policy and Science

Gang rape

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

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

Rape and sexual torture

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

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

See also humiliation.

Statutory rape

Statutory rape is the crime of sexual intercourse with someone under the age of consent. This term is primarily used in the United States. It is so named because it is considered to be rape under a specific statute rather than under the principles of criminal common law. Because the state has an interest in protecting minor children, it declares that children under a certain age are not able to give informed consent. Thus even if a child does nominally agree to sexual activity, it is still rape. State laws vary widely in their definitions of statutory rape; some states make exceptions when the perpetrator is also young, others if he marries the minor before being convicted of the crime.

Acquaintance rape

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

Socially, the issue of acquaintance rape (also known as "date rape") is contentious. Evidence suggests that a rape victim is far more likely to know their assailant than not. [1]

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

"Rape" among animal species

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

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

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

References

• Gowaty, P.A. and N. Buschhaus. 1997. Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis. American Zoologist (in press).

External links

• Probability statistics compiled by NCPA from US Department of Justice statistics.
• British Sexual Offences Act 2003