Rape in the United States: Difference between revisions
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Nearly 90,000 reported being [[raped]] in 2008. |
Nearly 90,000 reported being [[raped]] in 2008. There is an arrest rate of 25%. <ref> |
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http://www.cbsnews.com/stories/2009/11/09/cbsnews_investigates/main5590118.shtml?tag=contentMain;contentBody</ref> |
http://www.cbsnews.com/stories/2009/11/09/cbsnews_investigates/main5590118.shtml?tag=contentMain;contentBody</ref> |
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The United States Justice Department defines rape is <ref>http://www.ojp.usdoj.gov/bjs/glance/rape.htm</ref> |
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{{cquote|Rape - Forced sexual intercourse including both psychological coercion as well as physical force. Forced sexual intercourse means penetration by the offender(s). Includes attempted rapes, male as well as female victims, and both heterosexual and homosexual rape. Attempted rape includes verbal threats of rape.}} |
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===Criminal punishment in the United States=== |
===Criminal punishment in the United States=== |
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==References== |
==References== |
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<references/> |
<references/> |
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==See also== |
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*[[List of anti-sexual assault organizations in the United States]] |
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==External links== |
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*[http://www.cdc.gov/ncipc/factsheets/svfacts.htm Center for Disease Control factsheets] |
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*[http://www.fbi.gov/ucr/cius2006/data/table_01.html FBI list of number of crimes happening year by year] |
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*[http://www.rainn.org/ Rape Abuse Incest Network] |
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Revision as of 10:42, 10 November 2009
Nearly 90,000 reported being raped in 2008. There is an arrest rate of 25%. [1]
The United States Justice Department defines rape is [2]
Rape - Forced sexual intercourse including both psychological coercion as well as physical force. Forced sexual intercourse means penetration by the offender(s). Includes attempted rapes, male as well as female victims, and both heterosexual and homosexual rape. Attempted rape includes verbal threats of rape.
Criminal punishment in the United States
In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, or a naval or U.S.-flagged merchant vessels in international waters. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.
Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. The term rape is not used in federal law. Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code (18 U.S.C. §§ 2241–2248).
Under federal law the punishment for rape can range from a fine to the death penalty. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used in the to override consent. If the perpetrator is a repeat offender the maximum sentence is automatically doubled.
Different categorizations and maximum punishments for rape under federal law[3][4]
| Description | Fine | Imprisonment(years) | Life imprisonment |
|---|---|---|---|
| Rape using violence or the threat of violence to override consent | unlimited | 0 - unlimited | yes |
| Rape by causing fear in the victim for themselves or for another person to override consent | unlimited | 0 - unlimited | yes |
| Rape by giving a drug or intoxicant to a person that renders them unable to give consent | unlimited | 0 - 15 | no |
| Statutory rape involving an adult perpetrator | unlimited | 0 - 15 | no |
| Statutory rape involving an adult perpetrator with a previous conviction | unlimited | 0 - unlimited | yes |
| Statutory rape involving a perpetrator who is a minor | unlimited | 0 - 15 | no |
| When a person causes the rape by a third person | unlimited | 0 - 10 | no |
| When a person causes the rape of a child under 12 by a third person | unlimited | 0 - unlimited | 0 - 20 |
Rape investigations
Evidence is collected through use of a rape kit. In some parts of the country, the rape kits are not always sent off for testing.
The reasons rape kits don't get tested is[5]
- The rape kits cost up to $1,500 a kit.
- A decision not to prosecute
- Victims who recant or are unwilling to move forward with a case
References
- ^ http://www.cbsnews.com/stories/2009/11/09/cbsnews_investigates/main5590118.shtml?tag=contentMain;contentBody
- ^ http://www.ojp.usdoj.gov/bjs/glance/rape.htm
- ^ United States Code
- ^ Harvard university US Rape Law
- ^ http://www.cbsnews.com/stories/2009/11/09/cbsnews_investigates/main5590118.shtml?tag=contentMain;contentBody