Rape

For other uses of the word rape (for example, the plant called rapeseed), see Rape (disambiguation).

Rape is a crime wherein the victim is forced into sexual activity against his or her will, in particular sexual penetration. Some dictionary definitions of the word rape include any serious and destructive assault against a person or community, but this article focuses primarily on sexual assault.

Definition and history

Etymology

The origin of the word is the Latin rapere, to seize or take by force. The Latin term for the act of rape itself is raptus. Originally, the word rape was akin to rapine, rapture, raptor, rapacious, and referred to the more general violations— looting, destruction, and capture of citizens— inflicted upon a town or country during war.

History

The concept of rape, both as abduction and in the sexual sense, makes its first appearance in early religious texts. In Greek mythology for example, we find the rape of women, exemplified by the rape of Europa, as well as male rape, found in the myth of Laius and Chrysippus. Different values were ascribed to the two actions. The rape of Europa by Zeus is represented as an abduction followed by consensual lovemaking, similar perhaps to the rape of Ganymede by Zeus, and it was not punished. The rape of Chrysippus by Laius however is represented in darker terms. The act was known in antiquity as "the crime of Laius," a term which came to be applied to all male rape. It was seen as an example of hubris in the original sense of the word, i.e.: violent outrage, and its punishment was so severe that it destroyed not only Laius himself, but also his son, Oedipus.

In antiquity, and until the late Middle Ages in most cultures rape was seen as a crime against the male figure dominating the particular girl or woman. Thus the penalty for rape was often a fine payable to the father or the husband whose "goods" were "damaged." That position was later replaced in many cultures by the view that the woman as well as her lord should share the fine equally.

Rape in the course of warfare also dates back to antiquity, ancient enough to have been mentioned in the Bible, which mentions the abduction of women as war trophies. Another form of sexual assault mentioned in the Bible is the taking of an opponent's foreskin, though no mention is made of whether the enemies are living or dead. See story of David and Jonathan

Conquering Greek, Persian and Roman troops would routinely rape women and boys in the conquered towns. The same behaviour was observed as late as the 1990's, as the Serbian troops targeting Bosnia and Kosovo conducted a calculated campaign of raping women and boys in the areas they controlled.

Rape as an adjunct to warfare was prohibited by the military codices of Richard II and Henry V (1385 and 1419 respectively). These laws formed the basis for convicting and executing rapists during the Hundred Years War (1337-1453).

Usage

In its original sense - dating back to antiquity - to rape a person meant to capture the person for the purpose of enslavement, and was common in ancient warfare. In this context, the willingness of the victim is irrelevant to categorization of the act as "rape". The "Rape of the Sabine Women" was a "rape" in this context.

In Alexander Pope's The Rape of the Lock, the word "rape" is used in hyperbolically in a similar context, exaggerating a trivial violation against a person.

Though the sexual connotation is today dominant, the word "rape" is sometimes used in a non-sexual context. For example, environmental destruction is sometimes described as "raping the earth", and the Rape of Nanking describes a violation both against a town as well as the people. In "the rape of the Silmarils" in J. R. R. Tolkien's The Silmarillion, the word "rape" is directly used with its old meaning of "seizing and taking away".

Sometimes the word rape is used in metaphorical and extended uses to dysphemistically describe forms of non-sexual unwelcome conduct. It is argued by some that this usage is demeaning or disempowering of victims and survivors of real sexual rape, because it ends up by weakening the force and horror of the word. Such metaphorical and hyperbolic usages are common with other words, for example "It was absolute torture" to mean ordinary embarrassment; or "I'm starving" to mean "I'm feeling hungry". Victims and survivors of rape, and their allies, may find this type of usage pejorative and deeply offensive, since it normalizes the term "rape" to cover mundane events.

Examples include:-

In internet culture, using the word "raped" to refer to having one's online writings voted/moderated downwards by a large number of people.

In Internet culture, using the word "raped" to refer defeating someone in an online game without being seen until the action against them.

"they raped his name in the media".

"I got anally raped by that class".

"The wood had been raped of its peace". (From a book, of disturbance caused by a foxhunt in a forest)

"The rape of England". (A newspaper article headline with a pun referring to the rapeseed plant self-seeding on waste ground and motorway verges)

However these usages are not always in fact examples of hyperbole. The last two examples are continuations of the original meaning of "violating" in a general sense.

Common law

In the United Kingdom and the United States common law, "rape" traditionally described a man who forces a woman to have sexual intercourse with him. Until the late 20th Century, forced sex by a husband against his wife was not considered rape, since a woman (for certain purposes) was not considered a seperate legal person with the right of refusal, or sometimes were deemed to have given implicit informed consent in advance to a lifelong sexual relationship. However, modern criminal law in most Western countries have now legislated against this exception and now include spousal rape and acts of sexual violence other than vaginal intercourse, such as forced anal intercourse, which were traditionally barred under sodomy laws, in their definitions of "rape".

The term "rape" is sometimes considered "loaded" and many jurisdictions recognize, in its stead, broader categories of sexual assault or sexual battery.

United States Uniform Crime Reports

In the United States, the Uniform Crime Reports use the term "forcible rape" only to describe rapes perpetrated by men against women. States, however, often expand the definition. Male-on-male rapes are usually recognized as such, as are (rare) female-perpetrated rapes.

English law

Under the Sexual Offences Act 2003, which came into force in April 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable by a maximum sentence of life imprisonment.

Although a woman who forces a man to have sex cannot be prosecuted for rape under English 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 penetration 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 penetrates the anus or vagina with a part of his or her body, or anything else, without that person's consent.

Aspects of rape

Violent rape

Violent rape is when violence beyond the rape itself is a part of the assault. This may include physical force or threat of harm, including death threats or threats against a family member. People who commit violent rapes include strangers and people the victim already knows. Proportionally, more violent rapes are more likely to be reported. (Bachman and Saltzman, 1995).

Statutory rape

Main article at: Statutory rape

National and/or regional governments, citing an interest in protecting minors, consider people under a certain age to be unable to give informed consent. The age at which individuals are considered competent to give consent is the age of consent. Sexual contact with an individual below the age of consent is considered to be rape even if that person agrees to the sexual activity. The limits set by each state vary in accordance with local standards, and range from 12 to 21. Sex which violates age-of-consent law but is neither violent nor physically coerced is sometimes described as statutory rape, the name of a legally-recognized category in the USA.

Acquaintance ("date") rape

The term acquaintance (or date) rape refers to rape or non-consensual sexual activity between people who are already acquainted, or who know each other socially - friends, acquaintances, people on a date, or even people in an existing romantic relationship, where it is alleged that consent for sexual activity was not given, or was given under duress. In most jurisdictions, there is no legal distinction between rape committed by a stranger, or by an acquaintance, friend or lover.

There is often more difficulty in securing conviction against an assailant who was known at the time. This is due to the "grey" nature of the situation (see "Grey" rape); the standard of proof required for non-consensual sexual activity is often harder to meet (or easier to deny), than when two strangers meet or there has been violence.

In general, some evidence suggests that rapists are far more likely to know their victims than not [1]. Other reports suggest that it can work both ways, not only acquaintance rape is more common than previously thought, but also situations of this kind can give rise to false allegations more often than had been expected (see False reporting).

"Grey rape"

Some cases of date rape are colloquially described as "grey rape" cases because, while the alleged victim expresses displeasure at the encounter, he or she cannot demonstrate nonconsent. The expression "grey rape" refers to the absence of information - there is nothing actually "grey" in the act itself: if the act was nonconsensual at the time it occurred then it is considered rape, even if not actionably so. Contributing factors to "grey" rape include poor communication by either party, misleading or (deliberately) misread body language, or the feeling by one party of being unsure or unable to express what one wishes (which may be for many reasons).

Drugging

Hypnotic agents such as flunitrazepam (Rohypnol) and GHB, coloquially referred to as "date rape drugs," have been used by rapists to render their victims unconscious before raping them. According the to DEA, "Victims may not be aware that they ingested a drug at all. GHB and its analogues are invisible when dissolved in water, and are odorless. They are somewhat salty tasting, but are indiscernible when dissolved in beverages such as sodas, liquor, or beer." According to the National Institute on Drug Abuse [2] "Rohypnol can incapacitate victims and prevent them from resisting sexual assault. It can produce "anterograde amnesia," which means individuals may not remember events they experienced while under the effects of the drug." The sedative effects of Rohypnol begin to appear approximately 15–20 minutes after the drug is ingested. The effects typically last from 4–6 hours after administration of the drug, but some cases have been reported in which the effects were experienced 12 or more hours after administration. These drugs are extremely dangerous and may kill or render the victim comatose. It is imperative that any investigation into the suspected use of date rape drugs involve the taking of blood from the victim and an immediate test of the blood, as the length of time between the taking of the blood and the testing for these drugs results in a degradation of the drug in the blood, even after it has been drawn. Waiting too long to test for the presence of date rape drugs may cause false negatives.

However, trying to deduce whether date rape drugs have been used from symptoms is an approach that can cause false positives. In Perth, Western Australia in 2003, during a time when the media were reporting a drink-spiking epidemic, 44 women had their blood tested because they believed they had been the victims of drink spiking. The West Australian Chemistry Centre tested the blood samples and in these 44 cases, the only substance found in the victim's system was excessive alcohol (which in large amounts has the same effects as "date rape" drugs, causing unconsciousness and memory loss). Police said that the blood-alcohol level of most of the subjects was significantly higher than the women themselves expected, based on their assessment of the amount of drinks consumed, and commented:

"While we can't dismiss all cases, the results suggest that a fair proportion of drink spiking is just an urban myth ... It seems that a proportion of young women are getting incredibly intoxicated and using drink spiking as an excuse to explain behaviour they are not happy with." [3]

Testing kits that claim to detect GHB, Ketamine and benzodiazepines such as Rohypnol in seconds are commercially available under names such as "The Drink Detective".

Male rape

Males can also be raped (more commonly by other males, but also by females). Males are commonly victims of anal rape. There are also cases of men being forced to penetrate others, in spite of common belief that this is not possible. Men are just as traumatized by rape as female victims. In many countries rape of males is legally classified under a different law or name, however the nature of the incident, and its consequences, are similar. It is said that rape of males is taken less seriously due to the stereotypical views held about males in modern Western society.

Common myths - Male victims, like female victims, do not all "want sex", nor does the physiological effect of erection or orgasm mean that sex was "really wanted" or "liked". (A capable assailant can force these physical responses in the majority of males, given appropriate planning for their assault). Also male on male rape doesn't imply homosexuality of either party. Mens' Rights lobbyists are pushing for tougher "male rape" laws, and have gained some success--for example, fellating a man without his permission is grounds for a charge of second degree rape in the United States.

Resource: SE Center against Sexual Assault - male rape myths, reality, and support

Custodial and prison rape

Main article at: Custodial 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.

Rape and sexual torture

In circumstances where torture is being employed as a means of military or governmental policy, rape of both female and male detainees is a common element of that torture. 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 in which sexual assaults usually happen.

Sex trafficking

Trafficking is a term to define the recruiting, harboring, obtaining, transportation of a person by use of force, fraud, or coercion for the purpose of subjecting them to involuntary acts, the most common being forced commercial sexual exploitation (forced prostitution).

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. It is far more 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."

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 in many jurisdictions, and the erroneous belief of consent is a common defense.

Effects

A proportion of violent sexual assaults end with the death or serious injury of the victim. Other consequences can include pregnancy or sexually transmitted diseases.

The most common effect of rape on victims is psychological. In the past, survivors of rape and sexual assault were often diagnosed with Rape Trauma Syndrome (RTS), then considered a psychological disorder. RTS is no longer considered a diagnosis, but rather a set of normal psychological and physiological reactions that a victim 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.

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 the victim is male or 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 accord equal civil rights to women and men, this process is even more difficult for female victims.

Medical emergency information

Main articles: Medical emergency and Sexual assault

According to the American College of Emergency Physicians (ACEP) in the USA, rape is a medical emergency. [4]. Medical and law enforcement professionals often strongly recommend that a victim call for help and report it. A victim seeking medical attention as soon as possible will allow prompt treatment for possibly life threatening injuries and disease, and preserve evidence. Many recommend that 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 prophylactic treatments to prevent HIV infection. In many locations, emergency medical technicians, emergency room nurses and doctors are trained in how to help rape victims. Some emergency rooms have rape kits which are used to collect evidence.

AIDS prophylaxis is possible within 48 hours but not always deemed appropriate given the extremely small chance of transmission in many cases (0.1 - 0.3%, or between 1 in 333 and 1 in 1000), the lack of certainty of any effective results (it reduces rather than removes the risk), and the often severe side effects of drugs required. This would usually be a clinical decision based upon circumstances. [5]

RAINN

Some groups also operate hotlines to offer advice and psychological first aid. In the United States, one of the most prominent hotlines for rape victims is operated by the organization RAINN (The Rape, Abuse and Incest National Network). RAINN is the only toll-free, completely confidential 24-hour hotline that provides this service in America. Their telephone number is 1-800-656-HOPE.

Rapists

Rapist profiles

Dr. A. Nicholas Groth, author of Men Who Rape: The Psychology of the Offender, described four types of deliberate rapists, based on their motivations and behavior patterns. Forensic scientists, criminologists, and law enforcement agencies often use these profiles to analyze rapists and prevent future rapes.

Since rapes are predominantly perpetrated by men, a male perpetrator is assumed in these profiles.

The power-assertive rapist: This is argued to be the most common type of rapist, accounting for about 40 percent of all reported rapes. An alpha male, he tends to value machismo and physical aggression. Often, he will commit date rape against victims he meets in places like bars, but he may pose as or be an authority figure. Power-assertive rapists do not intend to kill their victims, but to traumatize and humiliate them. They rarely target specific people for rape.

The power-reassurance rapist: This type of individual is usually socially deficient and unable to develop interpersonal or romantic relationships. Usually not physically aggressive, he will select and stalk a victim before committing the crime, and this victim is usually a neighbor or work acquaintance. Power-reassurance rapists often force the victim to emulate foreplay and take "trophies" of the rape, and may record the event in a personal journal. Power-reassurance rapists usually have average intelligence, insecurities about their masculinity, and tend to be the least violent type of rapist. They also often fantasize about consensual sexual relationships with women, rather than violent conquest. Law enforcers describe this type of rapist, responsible for about 27.5% of reported rapes, as the "gentleman rapist".

Anger-retaliatory rapist: Responsible for about 28% of rapes, this type of individual is often a substance abuser with impulsive behavior and anger-related pathologies. This type of rapist does not target specific victims, and often feels animosity toward women in general. The anger-retaliatory rapist's attacks are usually spontaneous and brutal, and, while he does not intend to kill the victim, may beat her to death if she resists. This rapist usually has below-average intelligence and is likely to leave more evidence than other types of rapists.

The anger-excitation rapist: This type of rapist, considered the most dangerous and elusive, accounts for about 4.5 percent of rapes. The anger-excitation rapist exhibits behavior characteristic of antisocial personality disorder, and is therefore often perceived as charming and intelligent. This makes such rapists difficult to catch. The anger-excitation rapist may or may not choose victims selectively. Often sadistic, he will often torture or murder his victim to prevent her from identifying him, or for his own sexual gratification. Ted Bundy was an example of this type of rapist.

Warning signs

It is very difficult to predict who may or may not be a potential rapist. Considering rapists have many personality types and use many different methods, it might seem impossible. However, certain behavioral characteristics have been observed in some rapists. These should be used cautiously as "warning signs", since non-rapists and other innocent people may also show similar behaviours.

Extreme emotional insensitivity and egotism.
Habitual degradation and verbal devaluation of others.
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".
Consistently uses intimidation in language or threatening behavior to get his way. Uses words like "bitch" and "whore" to describe women.
Excessive, chronic, or brooding anger.
Becomes obsessed with the object of his romantic affections long after his advances have been rejected.
Extreme mood swings.
Violent outbursts; lack of impulse control.
Aggressive and violent.
Under the influence of alcohol or drugs, cruel behavior is seen.

Rape and punishment

Punishment of assailant

Most societies consider rape a grave offense, and punish it accordingly. In the United States punishment for rape is imprisonment, but until the late 20th century some states could apply the death penalty in cases of aggravated rape.

Castration is sometimes a punishment for rape and, controversially, some U.S. jurisdictions allow shorter sentences for sex criminals who agree to voluntary "chemical castration."

In the Southern states of the U.S. the charge of rape was often used to justify vigilante groups (known as "lynch mobs") that would seize and kill men accused of rape without due process or trial. Victims of lynching were typically though not always African American, (See also Leo Frank). Members of the lynch mobs were rarely prosecuted or punished for these mob killings.

In some communities, any sexual interaction between an African-American man and a Caucasian woman was characterized as rape, which resulted in a large number of (presumably) innocent men being unjustly murdered. It was commonly beleived that no white woman would ever consent to sexual relations with a black man, and thus any sexual relations must have been nonconsentual.

Prison sentences for rape are not uniformly long or severe. A study by a statistician from the U.S. Department of Justice, involving about 80 percent of the prison population, found that based on prison releases in 1992, the average sentence for convicted rapists was 9.8 years, while the actual time served was 5.4 years. This follows the typical pattern for violent crimes in the US, where those convicted typically serve no more than half of their sentence. [6] In Australia in 2002-2003, more than 1 in 10 convicted rapists served a wholly suspended sentence and the average total effective sentence for rape was seven years. [7]

Punishment of victims

While this practice is condemned as barbaric by many present-day societies, some societies punish the victims of rape as well as the perpetrators. According to such cultures, being raped dishonors the victim and, in some cases, the victim's family. In Middle Eastern societies, rape victims may be killed in honor killings to restore a family's name.

In the Shakespeare drama Titus Andronicus, Titus Andronicus kills his raped maimed daughter in what he believes to be a mercy killing.

Rape as punishment

Though modern societies claim to recognize the practice as barbaric, some cultures use rape itself as a form of punishment. Usually, the victim of the rape is a female relative of the person targeted for retaliation.

In June of 2002, a Pakistani woman named Mukhtaran Bibi was sentenced to be gang-raped by a vigilante mob after her brother was (falsely) accused of rape himself. The Pakistani government, along with local religious officials, condemned this action and sentenced the rapists to death. Many such events are reported in Pakistan and other Muslim Countries .

In some dictatorships rape is or was used as a method of retaliation against and intimidation of political enemies. This may have taken place under the former regime of Iraqi dictator Saddam Hussein.

There is suspicion that some rape in prisons is permitted through timely guard absences (at showers for instance). Motivations for this range from punishing troublesome prisoners to providing a deterrent to those considering a criminal act, particularly among those who have little to lose from incarceration (e.g. homeless persons in winter).

Reporting

Underreporting

According to the 1999 United States National Crime Victimization Survey only 39% of rapes and sexual assaults were reported to law enforcement officials. For male rape, less than 10% are believed to be reported.

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. Fisher "... found that many women do not characterize their sexual victimizations as a crime for a number of reasons (such as embarrassment, not clearly understanding the legal definition of rape, or not wanting to define someone they know who victimized them as a rapist) or because they blame themselves for their sexual assault."

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.

Overreporting and false reporting

A 1997 article in the Columbia Journalism Review deals with the debate surrounding false reporting, and notes that wildly different figures, from 2% to 85% of all rape reports, are widely presented. "...One explanation for such a wide range in the statistics might simply be that they come from different studies of different populations...But there's also a strong political tilt to the debate. A low number would undercut a belief about rape as old as the story of Joseph and Potiphar's wife: that some women, out of shame or vengeance ... claim that their consensual encounters or rebuffed advances were rapes. If the number is high, on the other hand, advocates for women who have been raped worry it may also taint the credibility of the genuine victims of sexual assault." [8]

In 1994, Dr. Eugene J. Kanin of Purdue University investigated the incidences in one small metropolitan community of false rape allegations made to the police between 1978 and 1987. The falseness of the allegations was not decided by the police, or by Dr. Kanin; they were "... declared false only because the complainant admitted they are false." The number of false rape allegations in the studied period was 45; this was 41% of the 109 total complaints filed in this period. In Dr. Kanin's research, the complainants who made false allegations did so (by their own statements during recantation) for three major reasons: providing an alibi, a means of gaining revenge, and/or a platform for seeking attention/sympathy. Dr. Kanin's small study is widely reported and quoted.

Michelle J. Anderson of Villanova University School of Law, in her work "The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault", states: "As a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown." [9]

In the 1996 FBI UCR, it is stated that 8% of reports of forcible rape were determined to be unfounded upon investigation. [10]

Victim blaming

"Victim blaming" is holding the victim of a crime to be in whole or in part responsible for what has happened to them. In the context of rape, this concept refers to popular attitudes that certain victim behaviours (such as flirting or wearing sexually provocative clothing) may encourage rape. In extreme cases victims are said to have "asked for it" simply by not behaving demurely. In most Western countries the defense of provocation is not accepted in mitigation of rape.

It has been proposed that one cause of victim blaming is the "Just World" Hypothesis. People who believe the world has to be fair, may find it hard or impossible to accept a situation in which a person is hurt unfairly and badly for no cause or reason. So this leads to a sense that somehow, the victim must have surely done 'something' to deserve their fate.

A global survey of attitudes toward sexual violence by the Global Forum for Health Research [11] shows that victim-blaming concepts are at least partially accepted in many countries.

In some countries victim blaming is more common, and women who have been raped are sometimes deemed to have behaved improperly. Often these are countries where there is a significant social divide between the freedoms and status afforded to men and women.

In terms of responsibility, a more mainstream view is that everybody has the theoretical right to feel safe at all times, but that prevention and minimising the risk of being in a dangerous situation are largely up to the individual. The question of a victim on this basis would never be whether or not they 'deserved' to be raped, because nobody "deserves" to be the victim of crime.

Under cases of alleged date rape the situation is different. Because the question at hand is frequently whether or not the incident was consensual, whether the alleged victim encouraged the accused or gave implied consent becomes the critical consideration. As such, arguments about the accuser's conduct are an accepted element of an affirmative defense.

In the United States, the crime of rape is unique in that it is the only crime in which there are statutory protections designed in favor of the victim (known as rape shield laws). These were enacted in response to the common defense tactic of "putting the victim on trial". Typical rape shield laws prohibit cross-examination of the victim with respect to issues such as her prior sexual history or the manner in which she was dressed at the time of the rape.

Sexual fantasy

Many people assume that people aroused by rape fantasies must be more likely than others to commit the actual act, or that victims with rape fantasies actually want to become victims of sexual assault. This does not correspond with observed scientific evidence, however; while rapists usually fantasize about rape, so do normal psychologically healthy people.

In fact, an inability to use sexual fantasies for gratification is often regarded by law enforcement and other professionals as a more alarming warning sign than the presence of sexual fantasies of rape or sadism. Millions of normal people fantasize about rape, or being raped without wanting it to happen in reality.

Sociobiological analysis of rape

Main article: Sociobiological theories of rape

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

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.

Some sociobiologists argue that our ability to understand rape and thereby prevent and treat it is severely compromised because its basis in human evolution has been ignored. They argue that rape as a reproductive strategy is encountered in many instances in the animal kingdom, including among the great apes and presumably among early humans. Some studies indicate it is an attempt by the male of the species to increase his reproductive fitness when he is lacking in ability to persuade the female by non-violent means (Thornhill & Thornhill, 1983). Such sociobiological theories regarding rape as adaptive are highly controversial, and not accepted by all mainstream scientists.

Camile Paglia and some sociobiologists have argued that victim blaming should not be totally dismissed in all cases, since some sociological models suggest it may be genetically inbuilt for a certain proportion of men and women to act in ways which would tend to raise the chances of rape occurring, and that this may be a biological feature of the species. This is a very controversial view.

A contrasting view is given by Lewis Thomas in his "Lives of a Cell: notes of a biology watcher", that rape is not only not an evolutionary benefit to the rapist but that it is strongly maladaptive and therefore selected against.

The role of control and loss of privacy in rape

Rape has been regarded since the 1970’s to be a crime of violence and control. One of the key aspects of the definition of privacy according to psychological analysis literature is the following:

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)

Some theories suggest that loss of privacy results in loss of control and resulting disorders. (Margulis, 2003) Control is a key feature in most definitions of privacy in current literature. It is also a key aspect of sexual assault and the resulting psychological traumas. Many sexual assault survivors suffer from eating disorders such as anorexia nervosa and bulimia which also center around control issues. Some of the key reasons control is important are that it provides what we need for normal psychological functioning, stable interpersonal relationships and personal development.(Pedersen, D. 1997) Violations of privacy come in many forms. Sexual assault is one of the most explicit forms of invasion of privacy.

In some ways it makes more sense to look at the issue of sexual assault as an invasion of privacy.

“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…” (Mclean, D. 1995) It is important to be aware of the approach of this subject through the concept of privacy because of the historical background and the need to bypass certain stigmas.

Quotes

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

"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]

One Supreme Court of the United States opinion included:

We do not discount the seriousness of rape as a crime. It is highly reprehensible, both in a moral sense and in its almost total contempt for the personal integrity and autonomy of the female victim and for the latter's privilege of choosing those with whom intimate relationships are to be established. Short of homicide, it is the "ultimate violation of self." It is also a violent crime because it normally involves force, or the threat of force or intimidation, to overcome the will and the capacity of the victim to resist. Rape is very often accompanied by physical injury to the female and can also inflict mental and psychological damage. Because it undermines the community's sense of security, there is public injury as well.

Coker v. Georgia 433 U.S. 584 at 597-598 (1977) [53 L.Ed.2d 982, 97 S.Ct. 2861] (plur. opn. of White, J.; conc. and dis. opn. of Powell, J.).)

Researcher Metzger wrote:

"Rape is loss. Like death, it is best treated with a period of mourning and grief. We should develop social ceremonies for rape, rituals, that, like funerals and wakes, would allow the mourners to recover the spirits that the rapist, like death, steals. The social community is the appropriate center for the restoration of spirit, but the rape victim is usually shamed into silence or self-imposed isolation," (Metzger, D. (1976). It is always the woman who is raped. American Journal of Psychiatry, 133 (4), 405-408.)

Books and publications

Academic and reference books

Brownmiller, Susan: Against Our Will : Men, Women, and Rape, Ballantine Books, 1993.
Smith, M. D. (2004). Encyclopedia of Rape. USA: Greenwood Press.
Macdonals, John (1993). World Book Encyclopedia. United States of America: World Book Inc.
Kahn, Ada. (1992). The A- Z of women's sexuality : a concise encyclopedia. Alameda, Calif.: Hunter House.
Kanin, Eugene J. (1994). False Rape Allegations. Archives of Sexual Behavior.
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).
Sarah Projansky, Watching Rape: Film and Television in Postfeminist Culture, New York University Press 2001
Thornhill, Randy and Palmer, Craig T. A Natural History of Rape: Biological Bases of Sexual Coercion. MIT Press, 2001.
Roussel, D.E. and R. Bolen. (2000). The Epidemic of Rape and Child Sexual Abuse in the United States. Thousand Oaks, CA: Sage Publications.
Mclean, D. (1995). Privacy and its invasion. , CT: Praeger.
Margulis, Stephen T., (2003). Privacy as a social issue and behavioral concept. Journal of social issues 59(2):243-261
Pedersen, DM (1997) Psychological functions of privacy. Journal Of Environmental Psychology, 17:147-156

Other

Gavin de Becker - The Gift of Fear ISBN 0440226198, (recognising and handling dangerous people and situations)
Doe, Jane - The Real Story of Jane Doe. Toronto: Random House, 2003.
Ghiglieri, Michael P. (1999). The Dark Side of Man: Tracing the Origins of Violence. USA: Perseus Books.

External links