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Konstantin Makovsky. The Bulgarian martyresses. 1877 Atrocities of bashibazouks in Bulgaria

Rape is a form of assault where an individual forces another to have sexual intercourse against that person’s will. Most experts believe the primary cause of rape is an aggressive desire to dominate the victim rather than an attempt to achieve sexual fulfillment. They consider rape an act of violence rather than principally a sexual encounter.

Rape is generally considered one of the most serious sex crimes and can be very difficult to prosecute. Sexual violence can also be a war crime under international law. Consent may be absent due to duress arising from the use, or threat, of overwhelming force or violence, or because the subject is incapacitated in some way such as intoxication and/or underage innocence. In some cases coercion might also be used to negate consent.

There is no universally accepted distinction between rape and other forms of assault involving one or both participant's sexual organs. Some criminal codes explicitly consider all kinds of forced sexual activity to be rape, whereas in others only acts involving penile penetration of the vagina. Many restrict rape to instances where a woman is forced by a man. In recent years some women have been convicted of raping men; this is classed as either rape or sexual assault.^[1] In some jurisdictions rape may also be committed by assailants using objects, rather than their own body parts, against the sexual organs of their target.

The rape of women by men is the most frequent form of the assault. Male-male rape is common, primarily in correctional facilities. There are an increasing number of female assailants being convicted for the rape of men, ^[2] most commonly, statutory rape.^{[citation needed]} It is thought that female rapists who rape other women are almost never caught or convicted^[3] and research on female rapists is rare.^[4]

History of rape

The word rape originates from the Latin verb rapere: to seize or take by force. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. The Latin term for the act of rape itself is raptus. Historically, rape has been seen (incorrectly) as a 'female' issue. Rape is now considered to be a crime committed against members of either sex, by either sex.

Many developments in law with regard to rape took place during the twentieth century. These included landmark decisions by the International Criminal Tribunal for Rwanda that defined rape as an institutionalized weapon of war and a crime of genocide.^{[citation needed]}

Male-male rape has historically been shrouded in secrecy due to the stigma men associate with being raped by other men. Fewer than one in ten male-male rapes are reported, according to one expert. As a group, male rape victims reported a lack of services and support, and legal systems are often ill equipped to deal with this type of crime.^[5]

Most cultures worldwide have not considered the possibility that women can commit rape against men and women.^{[citation needed]} Most legal codes on rape do not legislate for this as a crime, as rape is generally defined to include the act of penetration on behalf of the rapist.^{[citation needed]} As of 2007, in South Africa a gang of women has reportedly been raping young men.^[6]

Definitions of rape

In most jurisdictions the crime of rape is defined to occur when sexual intercourse takes place (or is attempted) without valid consent of one of the parties involved. It is frequently defined as penetration of the anus or the vagina by a penis. In some jurisdictions the penetration need not be by penis but can be by other body parts (e.g. one or more fingers, i.e. digital penetration) or by objects (e.g. a bottle), or may involve the forcing of a vagina or anus onto a penis by a female assailant.^[7]^{[citation needed]}

Other jurisdictions expand the definition of rape to include other acts committed using the sexual organs of one or both of the parties, such as oral copulation and masturbation, for example, again enacted without valid consent.

The lack of valid consent does not necessarily mean that the victim explicitly refused to give consent. Generally, consent is considered invalid if it is obtained from someone who is:

Under any kind of duress (force, violence, blackmail, etc.)
Judgmentally impaired or incapacitated by alcohol or drugs (legal or otherwise)
Mentally impaired whether by illness or developmental disability
Below the age of consent defined in that jurisdiction

In Pakistan, under the Hudood Ordinance in force from 1979 to 2006, the definition of rape required a woman to have supporting evidence from four male eye-witnesses. The sexual act was otherwise considered adultery.

Statutory rape refers to a sexual act that is considered rape by the law regardless of whether it was coercive or consensual. Such laws are common and exist in order to prevent adults from having sex with minors who are deemed legally unable to give effective informed consent.

Sexual activity involving a person below the age of consent is often known as statutory rape although some jurisdictions prefer terms such as "unlawful sexual intercourse" to avoid the forcible connotation of the word.

The Brazilian Penal Code defines rape as unconsensual vaginal sex. Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape crimes. Instead, such an act is a "violent attempt against someone's modesty" ("Atentado violento ao pudor"). The penalty, however, is the same.

The definition used by the International Criminal Tribunal for Rwanda in its landmark 1998 judgment was "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."^[8]

In certain jurisdictions, it is not possible to be guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock).^[9] However, in many of those jurisdictions it is still possible to bring prosecutions for what is effectively rape by characterising it as an assault.^[10]

Types of rape

There are several types of rape, generally categorized by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape, prison rape, acquaintance rape, and wartime rape. For more information on specific types of rape, see.^[11] It is important to note that almost all rape research and reporting to date has been limited to male-female forms of rape. Research on male-male and female-male is beginning to be done. However, almost no research has been done on female-female rape. Such widespread research biases and social double standards can and do cause systemic biases in how rape is reported and acknowledged. Sometimes animals are accused of rape, yet sometimes it is unclear who was doing the raping in these situations.^[12] Women can be charged with rape, although it is usually in situations involving underage males.^[13] However, there have been cases where women have raped adult men.^[14]

Rape statistics

A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.^[15]

Many reports suggest that rape statistics are not reliable because some kinds of rape are excluded from official reports altogether, (The FBI's definition for example excludes all rapes except forcible rapes of adult females by males), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police cannot be verified and possibly did not occur.^[16]

In addition, rape by women is a barely understood phenomenon that is widely denied in most societies and one that usually causes surprise, shock, or utter revulsion.^[17]

In the United States, according to the National Crime Victimization Survey, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 to about 0.4 per 1000 people, a decline of about 85%. ^[18] But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a higher victimization rate. ^[19]

While researchers and prosecutors do not agree on the percentage of false allegations, one study has shown that approximately 40% to 50% of charges are recanted by the victim. This number does not include unresolved allegations held “in limbo” where evidence is too weak to try the case even under shield laws, relaxed rules, and comparatively weak evidential standards applied to rape cases. Many times this is cited as being "false" reports. However, one can only guess at what really happened. Recanting can have many causes. It could be that the rape never occurred. Or it could be that legitimate victim found going through the legal system harder than they imagined and felt blamed by those around for it. Some perpetrators threaten their vivtims not to tell.

Some statistics:

A survey of all the forcible rape complaints during a three-year period at two large Midwestern state universities found that 50 percent of the accusations the victim recanted.^[20]
In a nine-year study of all resolved rape cases in a Midwestern U.S. city of 70,000, the accusers recanted their charges 41 percent of the time. The 41 percent figure does not include the other accusations that the police department recorded as unfounded, for which there was insufficient evidence to establish the assault. ^[21]

The belief that rapes are often "false" is very common, another factor that makes victims feel like they are put on trial for reporting:

According to a report of the Defense Department Inspector General released in 2005, approximately 73% of women and 72% of men at the military service academies believe that false accusations of sexual assault are a problem.^[22]
Linda Fairstein, former head of the New York County District Attorney’s Sex Crimes Unit, noted, “There are about 4,000 reports of rape each year in Manhattan. Of these, about half simply did not happen. ... It’s my job to bring justice to the man who has been falsely accused by a woman who has a grudge against him, just as it’s my job to prosecute the real thing.” (Sexual Violence: Our War Against Rape. William Morrow & Company, 1993.)

However most rapes-63% are not even reported to police. One factor relating to this is the myth that rapists are strangers hiding in bushes. In reality 38% of victims were raped by a friend or acquaintance, 28% by "an intimate" and 7% by another relative. Only 26% were committed by a stranger to the victim. About four out of ten sexual assaults take place at the victim's own home. Two in ten take place in the home of a friend, neighbor or relative. And only one in ten take place outside, away from home. ^[23] The myths make it hard for many victims in the majority, who are raped by someone they know in a familiar place, to even understand what happened to them as "rape". According to a study by MS magazine almost three quarters of women who experienced acts that met the definition of rape did not identify the act as such. ^[24]

Even when rapes are reported to the police, the chance of a successful conviction is very small:

If the rape is reported to police, there is a 50.8% chance that an arrest will be made.
If an arrest is made, there is an 80% chance of prosecution.
If there is a prosecution, there is a 58% chance of a felony conviction.
If there is a felony conviction, there is a 69% chance the convict will spend time in jail.
So, even in the 39% of attacks that are reported to police, there is only a 16.3% chance the rapist will end up in prison.
Factoring in unreported rapes, about 6% of rapists — 1 out of 16 — will ever spend a day in jail. 15 out of 16 will walk free.

Effect of rape

After being raped it is common for the victim to experience intense, and sometimes unpredictable, emotions, and they may find it hard to deal with their memories of the event. Victims can be severely traumatized by the assault and may have difficulty functioning as well as they had been used to prior to the assault, with disruption of concentration, sleeping patterns and eating habits, for example. They may feel jumpy or be on edge. In the month(s) immediately following the assault these problems may be severe and very upsetting and may prevent the victim from revealing their ordeal to friends or family, or seeking police or medical assistance. This may result in Acute Stress Disorder. Symptoms of this are:

feeling numb and detached, like being in a daze or a dream, or feeling that the world is strange and unreal
difficulty remembering important parts of the assault
reliving the assault through repeated thoughts, memories, or nightmares
avoidance of things -places, thoughts, feelings- that remind the victim of the assault
anxiety or increased arousal (difficulty sleeping, concentrating, etc.)
avoidance of social life or place of rape

In 1972, Ann Wolbert Burgess and Lynda Lytle Holstrom embarked on a study of the psychological effects of rape. They interviewed and counseled rape victims at the emergency room of Boston City Hospital and observed a pattern of reactions which they named Rape Trauma Syndrome.^[25]. They defined this as having two components which they called the Acute and Reorganization phases.

During the Acute Phase the survivor may experience shock and disbelief, or feel frozen, and may attempt to disconnect themselves from "the person who was raped". They may feel humiliated, confused, dirty, ashamed, or at fault for the assault, particularly if the assailant was an acquaintance. Extreme nightmares, heightened anxiety, frequent flashbacks, and a strong attempt to disconnect from one's emotions are common, as is denial - trying to convince oneself that the assault did not actually occur. If raped by an acquaintance the victim may try to protect the perpetrator.

Victims may respond to the rape in either an expressive or a controlled way. The expressive way involves obvious outward effects and emotions such as crying, shaking, rage, tenseness, ironic and uncomfortable laughter (part of their denial), and restlessness. The controlled way occurs when the victim appears to be quite calm and rational about the situation, even if facing severe internal turmoil. There is no single response to rape; every individual deals with their intensely traumatic emotions differently.

After the acute phase, the Reorganization Phase begins and the survivor attempts to recreate the world that they once knew. This stage may last for months or even years following the assault and despite their best efforts this phase is often riddled with feelings of guilt, shame, fear, and anxiety. Emotions such as anger, anxiety, denial, and loss (of security) surface. Development of an inability to trust is a frequent consequence of sexual assault. This loss of the fundamental need for security can wreak havoc on the survivor’s life, causing them to feel powerless and not in control of their body. They may feel unsafe, which can cause a heightened state of anxiety as well as difficulty with intimate relationships. Victims may attempt to return to normal social interaction (i.e. go out to social engagements) and find themselves unable to do so and their attempts to re-establish themselves in relationships may be hindered by a lack of trust.

Survivors often isolate themselves from their support network either physically or emotionally. The survivor may feel disconnected from peers as a result of the perceived personal experience. The shattering of trust can adversely affect intimate relationships, as survivors may have a heightened suspicion of others' motives and feelings.

Another area of research referred to as "second victimization," has to do with the caustic and interrogatory way the police and medical staff sometimes treats people who allege rape or sexual assault.

Sexual assault can affect an individual forever, changing them into someone living in a constant state of turmoil. In extreme cases the outcome may be suicide.^[26]

Sociobiological analysis of rape

Some argue that rape, as a reproductive strategy, is encountered in many instances in the animal kingdom (ie: ducks, geese, and certain dolphin species).^[27].^[28] It is difficult to determine what constitutes rape among animals, as the lack of informed consent defines rape among humans. See also Non-human animal sexuality.

Some sociobiologists argue that our ability to understand rape, and thereby prevent it, is severely compromised because its basis in human evolution has been ignored.^[29] Some studies indicate that it is an evolutionary strategy for certain males who lack the ability to persuade the female by non-violent means to pass on their genes.^[30]

American social critic Camille Paglia, and some sociobiologists, have argued that the victim-blaming intuition may have a non-psychological component in some cases. Some sociobiological models suggest that it may be genetically-ingrained for certain men and women to allow themselves to be more vulnerable to rape, and that this may be a biological feature of members of the species.^[31]

Loss of control and privacy

Rape has been regarded as "a crime of violence and control" since the 1970s. Psychological analysis literature identifies control as a key component in most definitions of privacy:

"Privacy is not the absence of other people from one's presence, but the control over the contact one has with them." (Pedersen, D. 1997).
"Selective control of access to the self." (Margulis, 2003)

Control is important in providing:

what we need for normal psychological functioning;
stable interpersonal relationships; and
personal development. (Pedersen, D. 1997)

Violation of privacy or "control" comes in many forms, with sexual assault and the resulting psychological traumas being one of the most explicit forms. Many victims of sexual assault suffer from eating disorders such as anorexia nervosa and bulimia, which also center around control issues. Therefore, some argue that it makes more sense to look at the issue of sexual assault as an invasion of privacy (Mclean, D. 1995):

The more comfortable a person is with talking about invasion of privacy and in insisting that he or she has privacy that deserves respect, the clearer that person’s understanding of rape will be…

Approaching rape through the concept of privacy helps bypass certain social stigmas.

Notes

^ http://www.fathermag.com/news/rape/spokane.shtml
^ http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20050825071820256C880914
^ http://www.sfwar.org/node/view/33
^ http://www.csc-scc.gc.ca/text/pblct/sexoffender/female/toc_e.shtml
^ "Male rape victims left to suffer in silence". abc.net.au. February 9, 2001. Retrieved 2007-05-30. {{cite web}}: Check date values in: |date= (help)
^ "Women now 'raping' men". Sowetan. Retrieved 2007-05-30.
^ UK: Sexual Offences Act 2003 s1
^ Fourth Annual Report of ICTR to the General Assembly (1999) March 23, 2007
^ See for example in the British Virgin Islands under the Criminal Code, 1997
^ Under the English common law, marriage has not been a defense to rape since 1991, see R v. R [1992] 1 A.C. 599.[1]
^ [http://www.soc.ucsb.edu/sexinfo/?article=violence&refid=011menu#cyber UCSB's SexInfo
^ [2]
^ english.pravda.ru
^ english.pravda.ru
^ The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (2001 - 2002) - Table 02.08 Total recorded rapes
^ Dick Haws, "The Elusive Numbers on False Rape," Columbian Journalism Review (November/December 1997).[3]
^ Myriam S. Denov, Perspectives on Female Sex Offending: A Culture of Denial (Ashgate Publishing 2004) - ISBN 0-7546-3565-1.
^ Anthony D'Amato. Porn Up, Rape Down. Northwestern Public Law Research Paper No. 913013
^ Bonnie S. Fisher, Francis T. Cullen, Michael G. Turner. Sexual Victimization of College Women
^ http://www.anandaanswers.com/pages/naaFalse.html
^ http://www.anandaanswers.com/pages/naaFalse.html
^ http://www.cmrlink.org/social.asp?DocID=276
^ http://www.rainn.org/statistics/punishing-rapists.html
^ http://www.students.haverford.edu/masar/documents/MsMagazineStudy.pdf
^ Burgess A., & Holmstrom L. (1974). Rape Trauma Syndrome. American Journal of Psychiatry.
^ http://www.giftfromwithin.org/html/journey.html
^ Gowaty, P.A. & Buschhaus, N., "Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis," American Zoologist (1997).
^ Gowaty, P.A. & Buschhaus, N., supra.
^ Thornhill, R., & Palmer, C.T., A Natural History of Rape: Biological Bases of Sexual Coercion (MIT Press, 2001).
^ Thornhill, R., & Thornhill, N.W., "Human rape: an evolutionary analysis," Ethology and Sociobiology (1983).
^ Paglia, C., Sexual Personae: Art and Decadence From Nefertiti to Emily Dickinson (Yale University Press, 1990).

@@ Line 12: / Line 12: @@
 ==History of rape==
-{{pov}}
 {{main|History of rape}}
 [[Image:Rape of the Sabine Women.jpg|thumb|left|[[The Rape of the Sabine Women]], a 1582 sculpture by [[Giambologna]].]]
-The word ''[[rape (word)|rape]]'' originates from the [[Latin]] verb ''rapere'': to seize or take by force. The word [[rape (word)|originally]] had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. The Latin term for the act of rape itself is ''raptus''.  Historically, rape has been seen (incorrectly) as a 'female' issue. Rape is now considered to be a crime committed against members of either sex, by either sex.  That said, most historical accounts of rape refer to male-female forms of rape.
+The word ''[[rape (word)|rape]]'' originates from the [[Latin]] verb ''rapere'': to seize or take by force. The word [[rape (word)|originally]] had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. The Latin term for the act of rape itself is ''raptus''.  Historically, rape has been seen (incorrectly) as a 'female' issue. Rape is now considered to be a crime committed against members of either sex, by either sex.
+Many developments in law with regard to rape took place during the twentieth century. These included landmark decisions by the [[International Criminal Tribunal for Rwanda]] that defined rape as an institutionalized weapon of war and a crime of [[genocide]].{{fact}}
-Male-male rape has historically been shrouded in secrecy, probably due to the stigma men associate with being raped by other men.  Male-male rape is commonly thought to occur inside correctional institutions where reporting is difficult or impossible. Today, male-male rape is seen as common in the United States, but is rarely reported, acknowledged or prosecuted due to the settings in which it occurs.
+Male-male rape has historically been shrouded in secrecy due to the stigma men associate with being raped by other men.  Fewer than one in ten male-male rapes are reported, according to one expert.  As a group, male rape victims reported a lack of services and support, and legal systems are often ill equipped to deal with this type of crime.<ref>{{cite web|title=Male rape victims left to suffer in silence|url=http://www.abc.net.au/worldtoday/stories/s244535.htm|date=[[February 9]], [[2001]]|accessdate=2007-05-30|publisher=abc.net.au}}</ref>
-Female-male rape has historically been considered impossible due to the fact that male erectile response is required for woman to rape a man, thus making female-male sexual coercion ''appear'' impossible.  However, it is now known that males can experience sexual arousal during rape, that women can and do rape men, and that the consequences to the male survivor are serious.  Although research of female-male rape is rare, recent mass media reports have shown that it is more common than once thought.  Many authors have noted significant social and legal doublestandards that inhibit equitable reporting, prosecution and sentencing of women who rape men and boys.
+Most cultures worldwide have not considered the possibility that women can commit rape against men and women.{{fact}} Most legal codes on rape do not legislate for this as a crime, as rape is generally defined to include the act of penetration on behalf of the rapist.{{fact}} As of 2007, in South Africa a gang of women has reportedly been raping young men.<ref>{{cite web|publisher=Sowetan|url=http://www.sowetan.co.za/News/Article.aspx?id=413523|title=Women now ‘raping’ men|accessdate=2007-05-30}}</ref>
-Historically, the the rape of females by females has been considered a taboo topic.  Rape of women and girls by women is the final frontier of rape research and reporting.  However, a number of reports show that female-female rape is a reality.
-Many developments in law took place during the twentieth century. These included landmark decisions by the [[International Criminal Tribunal for Rwanda]] that defined (male-female) rape as an institutionalized weapon of war and a crime of [[genocide]].  Although rape as a war crime is primarily committed by men, in 2003, the first woman was prosecuted for using (male-female) rape as a crime against humanity<ref>Harman, Danna ''A woman on trial for Rwanda's massacre Pauline Nyiramasuhuko is the first woman charged with genocide and using rape as a crime against humanity.'' Christian Science Monitor, Mar 7, 2003</ref>.
 == Definitions of rape ==

Rape: Difference between revisions

Revision as of 17:54, 30 May 2007

History of rape

Definitions of rape

Types of rape

Rape statistics

Effect of rape

Sociobiological analysis of rape

Loss of control and privacy

Notes

Further reading

Academic and reference books

Others

External links

Further Research and Information

National Organizations

Support Resources

See also