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Rape
Dealing with Rape
Justice sign The word "rape" is derived from the Latin "rapere" meaning to "steal, seize or carry away." Rape was originally the method men used to acquire wives - a man simply took whichever woman he wanted, raped her, and then brought her to his tribe as his possession. Today, rape is considered by most people to be a serious crime. It inflicts a terrible emotional and physical toll on its victims, and is one of the leading causes of depression in females around the world.

Rape is the forced sexual penetration of the oral, vaginal or anal cavities, with a penis, fingers, or any other object, in the absence of valid consent. Force does not necessarily imply physical force, but may include coercion, the threat of force, or implied force.

Sexual assault is the term used to describe overt sexual harassment or sexual touching that does not include or involve penetration under the laws of most states. This may include groping or fondling, masturbating, ejaculation upon someone, or any other unwanted sexual affront. In some cases, this term is used to characterize an attempted rape.

Though these definitions are relatively common, different states (and different countries for that matter) may have legal definitions that distort the boundaries defined above. What constitutes a "sexual assault" in one jurisdiction may be termed a "rape in another, and vice versa. For example, the use of an object to penetrate a woman's vagina may be a sexual assault as opposed to a rape.

Statistics

Each year, over 200,000 rapes are reported to police. Of these, between 5% and 10% of the victims are males. As many as 25% of all females will be victims or rape in their lives, as will about 10% of males (and the majority of these rapes are perpetrated by males as well). It is widely believed that far less than half of all rapes are never reported, for a variety of reasons (that are discussed later). Almost two thirds of all rapes are "acquaintance rapes," which means the rapist was someone known to or intimate with their victim. About half of all rape victims are women under the age of 18, and more than 80% are under the age of 30. Over 60% of all sexual assaults are drug-facilitated (voluntarily or involuntarily).

The Nature of Rape

Though many people believe rape is a sexual crime, most criminal psychologists characterize it as a crime of power, domination and degradation of another person. After all, a rapist could easily attain sexual gratification with a willing partner or via masturbation.

Younger or older women, as well as children, represent the vast majority of rape victims. This is because they appear to be (and usually are) weaker and more easily controlled than others. Psychologists believe that many rapists are unable to form healthy interpersonal relationships, and use brute force to exact some sort of "revenge" (and, therefore, "control") against the gender they have problems with. Many rapists also see violence as a justifiable means of dealing with problems, and do not mind coercing people into doing what they want them to do.

Although it is hard to believe in today's society, there are still those people who believe that rape victims are somehow responsible for their own victimization; that something they did led to their being raped, and therefore it was at least partially the victim's fault. Of course, nothing could be further from the truth. A victim of a crime is never responsible for what happened to them. You have the right to dress how you want, go where you want, act how you want, and do what you want without being victimized for it. You do not give up your right to be free from attack simply because you dress or act a certain way, nor do you give up your right to choose whether or not to have sex with someone else because you led them on. This is not to say that you shouldn't take these things into consideration because, sadly, you must in order to help ensure that you do not become a victim yourself. There are still people out there who make ridiculous judgments about rape victims based on outdated precepts and it is not uncommon for juries to acquit rape defendants because of the "way [the victim] dressed," or the fact that "she was drinking" when she was raped.

Stranger rapes are perpetrated by someone unknown to the victim – a "random" crime. Though stranger rapes are traumatic, the more common acquaintance or "date" rapes are often more troubling because they are an attack perpetrated by someone you (probably) trusted or should be able to trust. Not only is the victim physically violated, but the trust relationship is violated as well.

Finally, rape is also largely a crime of opportunity. This is not to say that most rapes are spur of the moment decisions – they're not. Most rapes are planned in advance, sometimes in excruciating detail. This is even true for many date rapes. The fact is, however, that the rapist looks for a specific type of victim and, when the opportunity arises, takes advantage of it. That's why the protective measures you take may very well save you from becoming a victim at some point.

Common Questions Concerning Rape

Is it "rape?"

The basic determinant for what constitutes rape is the idea of "informed consent." As long as both partners in a sex act understand what is going on, are not intoxicated or otherwise unable to fully grasp what is taking place, and freely consent to sex without any coercion, a (legitimate) claim of rape cannot be made. The single greatest obstacle to prosecuting a rape case, according to law enforcement, is the determination of whether or not informed consent was given.

A perfect example of this is when two people have been drinking and have sex. When they wake up, one of them may realize what has happened and not remembered "consenting" to sex, and wish to pursue a rape claim against the other person. The likelihood of prosecution (and, more importantly, a conviction) is extremely low in those situations. It is therefore a good idea to make sure that you establish boundaries *before* you start drinking

What is "statutory rape?"

Statutory rape is sexual intercourse between two people, at least one of whom is under the age of consent (AOC), and exists independently of any consent given between the two partners. The AOC varies from state to state, as does the age spread to which it applies. The basic idea is that someone below the AOC is deemed to not have sufficient understanding of sex to be able to freely give informed consent to a sex act, and therefore, a "rape" has taken place in the eyes of the law.

Obviously, age is not a reliable determinant for when someone is mature enough to consent to having sex, but in the absence of any other objective basis for making such a determination, age is the factor used by the legal system to make that judgment. Statutory rape is used to prosecute those who have sex with minors and do not use violence or the threat of violence.

Spousal Rape

At one time, it was not against the law to rape a spouse. As of 1993, however, all states in this country have laws defining spousal rape as a crime. Generally speaking, spousal rapists share the same personality traits as any other – anger, sadistic behavior, misogyny, etc., and are much more likely to be physically, verbally or psychologically abusive to their partners. This is another reason why it is important to ensure that you are in a healthy relationship before you commit to a marriage.

Can males be raped?

Yes, they can. They can be anally penetrated by another male or a female with a variety of objects. And, despite popular belief, the male erection is not always controllable, so it is possible for a female to have sex with an unwilling male. In an ironic twist of the sexual double standard, rape cases involving male victims and female perpetrators are frequently dismissed because so many believe that any guy would enjoy sex with any female under any circumstances.

Why is rape underreported?

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 describe someone they know as a 'rapist') or because they blame themselves for their sexual assault. Stranger rapes are by far more frequently reported than acquaintance rapes.

Many victims also wish to avoid the "revictimization" that takes place after a rape charge is filed. Typically, as a component of a criminal defense against rape, the defendant will try to bring up previous sexual history or behavior of the victim, as if this in any way justifies the rape. Another common defense is that the victim consented at the time, but now claims that s/he did not. This is hard to counter, and the single biggest reason why many rape prosecutions do not result in conviction. Even videotaped rapes of clearly intoxicated victims have been used to demonstrate "consent" and led to the finding of innocence of one or more rapists. You'll have to keep all of this in mind when you decide whether or not to press charges against someone who rapes you.

Using "rape" claims to punish someone or as an excuse.

Though less than 2% of all rape charges in the U.S. are bogus (Source: FBI), it is not an uncommon occurrence. You should *never* use a claim of rape to punish someone, or to cover up the fact that you had sex when you shouldn't have, because you got pregnant and need an "excuse," or for any other reason. Doing this is not only illegal and unethical, but it also causes people to doubt the legitimate claims of actual rape victims, thereby making it that much harder to prosecute real rapists. Learn to accept responsibility for your actions – if you get pregnant unintentionally, address the pregnancy and do not place blame for it on someone else.

I have fantasies of being raped. Does this mean I want really want to be raped?

No. Psychologists associate rape fantasies with the psychological desire to want to be at a loss of control in a sexual setting, and it is a perfectly harmless fantasy. Of course, in the fantasy, you ultimately remain in control, so the "rape" is never really occurring. A person who is aroused by rape fantasies is neither more nor less likely to rape or be raped than any other person.



Last Updated ( Wednesday, 31 January 2007 )
 
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