Rape

Rape is a form of assault involving the non-consensual use of the sexual organs of another person's body. The assailant can be of either sex, as can their target.

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 a coupled penis and vagina are included. Some restrict rape only to instances where a woman is forced by a man. Other assaults involving sexual organs in some way may then be grouped under the term sexual assault. 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.

Men who rape women are often seen as the most common type of rapist but, in fact, men who rape other men are probably the most common type of male rapist in the US today due to the drastic decline in the rape of women by men (Kipnis, Laura (2006), The Female Thing: Dirt, Sex, Envy, Vulnerability). In recent years, there have been an increasing number of female assailants being convicted for the rape of men. However, due to social, and political, and legal double standards, female rapists who rape other women are almost never caught or convicted[5]. Due to incorrect social steoreotypes and reverse-sexist double standards, research on female rapists is rare to the detriment of their victims both female and male [6].

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 (see rape (word)). The history of rape, and the alterations of its meaning, is quite complex. The Latin term for the act of rape itself is raptus.

Many developments in law 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. The first female judge of the tribunal Navanethem Pillay played a key part in those decisions. Similarly, many other changes occurred through the development of the feminist movement and perceptions of women's rights.

Female sexual aggession is beginning to become a topic of concern in the popular media and in academia. However, most cultures have historically denied even the possibility that women can and do commit rape against men and women. The modern feminist movement in it's zeal to show female victimization by male rapists has often overlooked male and female victims of women who rape.

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.

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.)
Judgementally 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 judgement was ""a physical invasion of a sexual nature committed on a person under circumstances which are coercive". ^[1]

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 chacteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape, prison rape, and wartime rape. For more information on specific types of rape, see UCSB's SexInfo. 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. Therefore, this section is far from a complete summary of how rape is perpetrated in all its forms. Sometimes animals are accused of rape, yet sometimes it is unclear who was doing the raping in these situations.^[2] Women can be charged with rape, it is usually in underage male situations,[7], however it can be rape of an adult on some few occasions.[8]

Rape in Scots Law

Rape in Scots Law differs to the definition of rape in other legal systems. In Scotland, rape is defined as "a crime at common law and consists of the carnal knowledge of a female by a male person without her consent". Meaning that in Scots Law, rape can only be carried out by a male to a female who penetrates the females vagina to the slightest extent. There needs not be any excretion of semen or the female's hymen does not have to be ruptured for it to be deemed rape. In Scotland if a man's anus is penetrated by another man's penis, this is called sodomy and is tried under a different crime. If the male penetrates a female's anus by his penis without her consent, this would be prosecuted through some other form of a sexual offence. It is also rape for a male person to have sexual intercourse with a female under 12 years of age, even if she is willing, or with a female who is incapable through mental abnormality of giving her proper consent. In Scotland, rape is prosecuted in the High Court under Solemn Procedure and if convicted, the minimum penalty would be 3 years. Evidence of distress can also be used as corroborative evidence. Evidence of distress would be recognised by the first person or friend that the victim sees after the event. This should not be confused with Hearsay evidence, which is not normally allowed to be led.

One of the key elements to prosecute a male of rape is to prove that the male had sexual intercourse without the female's consent. For sexual intercourse not to be rape, the female must first consent that she wishes to have sex and must be proven this wasn't done through force. It could still be found to be rape even where the female DID NOT say no or showed resistance. Therefore a male could still be convicted of rape, even though the female did not say anything or show any resistance. The reason for this is that there have been cases where males have raped females due to the female being intoxicated to a level where they could not resist or say no.

There also exists statute laws with regards to unlawful sexual intercourse. Section 5(1) of the Criminal Law (Consolidation)(Scotland) Act 1995 states that it is an offence to have sex with a 12 year old, even with her consent. Section 5(3) of the Criminal Law (Consolidation)(Scotland) Act 1995 creates an offence for a male to have sexual intercourse with a 13, 14 and 15 year old girl, again even with the female's consent. However, regardless of the age of the female, if she says no, it reverts to Common Law rape.

However, as with most statutes, there is a defence to Section 5(3) of the Criminal Law (Consolidation)(Scotland) Act 1995. That is where the male believed the female was his wife (e.g. married in a different country which allows marriage to a female under 16) or where the male had no reason to believe the female was under 16 and that the male was under 24 with no other previous sexual convictions.

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.^[3]

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.^[4]

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.^[5]

In the United States, 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%. ^[6]

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.^[7]. They defined this as having two components which they called the Acute and Reorganisation 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 frequently 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 treat 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.[9]

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).^[8].^[9] It is difficult to determine what constitutes rape among animals, as the lack of informed consent defines rape amongst 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.^[10] 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.^[11]

American social critic, intellectual, author and teacher Camille Paglia and some sociobiologists have argued that the victim-blaming intuition may have a non-psychological component in some cases, because a few 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.^[12]

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.

Media Attention

In January 2007, there was outcry over a controversial explicit scene in the movie Hounddog where Dakota Fanning plays a 12 year old girl who is raped.
A young male rapist has been attacking other males in the Houston, Texas suburb of Baytown. The last reported attack was on November 30, 2006. This is unusual in that some serial male-on-male rapes are not reported in part due to the emasculating and humiliating nature of this crime as felt by its victims.^[13]
2006 Duke University lacrosse team scandal
An ongoing problem with sexual assault in the U.S. military has resulted in a series of scandals that have received extensive media coverage.
Take Back the News
The Accused, a 1988 movie about rape.
A controversial storyline involving a brutal and violent rape appeared in 2005 on General Hospital.
In the episode "Shout" on the television show Degrassi: The Next Generation, the character Paige Michelcuck was date raped at a party.
In the recent films The Hills Have Eyes and The Hills Have Eyes 2, brutal rape scenes have been included with no meaning to the plot. The Hills Have Eyes 2 also showed clips of the rape scene(s) in the previews.

Notes

^ Fourth Annual Report of ICTR to the General Assembly (1999), accessed at [1] March 23, 2007
^ [2]
^ 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
^ Burgess A., & Holmstrom L. (1974). Rape Trauma Syndrome. American Journal of Psychiatry.
^ 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).
^ Porretto, J., "Rapist targets young men in Texas," Prescott Herald (12/2006).[4]

External links

[1] Fourth Annual Report of ICTR to the General Assembly (1999), accessed at [1] March 23, 2007

[2] [2]

[3] The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (2001 - 2002) - Table 02.08 Total recorded rapes

[4] Dick Haws, "The Elusive Numbers on False Rape," Columbian Journalism Review (November/December 1997).[3]

[5] Myriam S. Denov, Perspectives on Female Sex Offending: A Culture of Denial (Ashgate Publishing 2004) - ISBN 0-7546-3565-1.

[6] Anthony D'Amato. Porn Up, Rape Down. Northwestern Public Law Research Paper No. 913013

[7] Burgess A., & Holmstrom L. (1974). Rape Trauma Syndrome. American Journal of Psychiatry.

[8] Gowaty, P.A. & Buschhaus, N., "Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis," American Zoologist (1997).

[9] Gowaty, P.A. & Buschhaus, N., supra.

[10] Thornhill, R., & Palmer, C.T., A Natural History of Rape: Biological Bases of Sexual Coercion (MIT Press, 2001).

[11] Thornhill, R., & Thornhill, N.W., "Human rape: an evolutionary analysis," Ethology and Sociobiology (1983).

[12] Paglia, C., Sexual Personae: Art and Decadence From Nefertiti to Emily Dickinson (Yale University Press, 1990).

[13] Porretto, J., "Rapist targets young men in Texas," Prescott Herald (12/2006).[4]

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