Introduction
Sexual violence is a widespread phenomenon and crime throughout the world. Despite its frequency in the world, in most countries, the vice has not been well researched. However, available data shows that at least one in four females may encounter sexual aggression by a close colleague while up to one-third of teenage girls report that their initial sexual encounter involved the use of force. Sexual violence has a serious negative physical and mental health impact on the perpetrators. In addition to the substantial risk of physical injury, it is also highly linked to an increased risk of sexual and reproductive health problems (Brennan & Taylor-Butts, 2008). Further, it leads to both short-term and long-term consequences on the victim. The mental health impact may be as long-lasting as the physical impact (Marshall, Laws, & Barbaree, 2013). Deaths may also occur because of suicide, HIV infection, or murder during the sexual assault or as a “murder of honor” on the victim to remove shame from the family. Victims may also face social problems through stigmatization and being ostracized by their families and other members of society. In a marriage setting, coerced sex is the most common form of sexual violence. It may lead to gratification on the part of the perpetrator although its main purpose is often an expression of dominance over the victim (Meier & Nicholson‐Crotty, 2006). Often, men who coerce their wives into having sex believe that they have a right because they are married to the women. During periods of confrontation, rape against males and females is often deployed as a means of combat against the opponent through the characterizing of the invasion and the dilapidation of detained opponent troops. It is also used as a punishment against women for doing acts that violate social or moral codes such as dress codes, drunkenness in public, or adultery among others.
Definition of Sexual Violence and Rape
According to Ullman (2010), sexual violence is defined as any sexual act, unwanted sexual comments or advances, attempt to obtain a sexual act, or acts directed against a person’s sexuality using coercion. The sexual acts may occur to a person regardless of the relationship with the perpetrator in any setting including the home, work, field, or any other space. However, this definition is because of a long evolution process over the years since the rise of the anti-rape movement in the United States in the 1970s. Marshall et al. (2013) confirm the widespread misconception that rape occurs when a stranger using overwhelming force attacks a woman. Such a definition implies that boys or men and girls or adolescents cannot be raped. Further, it implies that a person cannot be raped by someone known to him or her and that forced anal or oral sex cannot be categorized as rape (Meier & Nicholson‐Crotty, 2006). It is for the above misconceptions and differing opinions on the definition of rape that attempts to discuss the topic are frustrating.
Before the 1960’s rape in the United States, a simple common law definition was used throughout the country that defined rape as a carnal understanding of a female who is not one’s spouse by force or contrary to her will (Marshall et al., 2013). In 1962, the United States Model Penal Code (MPC) was established and led to changes in the definition of rape. According to the MPC, rape is defined as an act of a male who has sexual contact with a female who is not his spouse. Such a male is culpable if he coerces the female to comply by force or intimidation (Meier & Nicholson‐Crotty, 2006). However, the definition is also limiting as it implies that rape can only occur against a woman (Armstrong, Hamilton, & Sweeney, 2006). Further, it is limiting, as it does not acknowledge rape in a marriage or within cohabiting couples. It is also limiting since it is focused on the victim’s consent rather than the perpetrator’s forcible conduct. The MPC was also limiting since it established a grading system, for the seriousness of the rape and related offenses (Marshall et al., 2013). For instance, the grading system viewed rape by a voluntary social companion as a less serious offense than rape by a stranger. It further viewed the rape of men as less serious than the rape of women. In the 1970s and 1980s, extensive rape reform legislation was undertaken throughout the country with a view of making it more inclusive by eliminating previous loopholes. Following the reform, the legal definition of rape changed dramatically.
Michigan’s 1975 Criminal Sexual Conduct Statute and Illinois’ Criminal Sexual Assault Statute are considered national models for the definition and legislation relating to rape. The two statutes define rape in broader terms where they incorporate various tenets. Firstly, the two statutes ensure gender neutrality where they broaden the definition of rape to include men (Brennan & Taylor-Butts, 2008). They also include acts of sex other than vaginal penetration by a penis. They also distinguish the degree of sexual abuse by the amount of force or threat of force used against a victim. This is similar to the “aggravated vs. simple” distinction, which is applied in other crimes such as physical assault (Marshall et al., 2013). The statutes also broaden the definition of forces that can be used to include threats as well as overt force as ways through which perpetrators overpower victims (Marshall et al., 2013). Further, the definitions also include taking advantage of weak or incapacitated persons such as the disabled, the mentally ill, those under the influence of drugs, and alcohol.
Despite the reforms and changes that have occurred over the years, the definition of rape still attracts considerable debate regarding what constitutes sexual assault or rape and/or how it should be defined. In the United States, the Federal Criminal Code is the nationwide standard of defining sexual assault and rape (Armstrong et al., 2006). The criminal statutes are applied state to state while the Federal Criminal Code is national. The Federal Criminal Code, in addition to including the reform provisions provided by the two statutes, that is gender neutrality, and a broad definition of sexual assaults further incorporates a distinction between types of sexual abuse as determined by the threat of force and the degree of force (Ullman, 2010). Secondly, it does not require the use of the term “rape” and hence does not demand the victim to label the act of rape as such (Armstrong et al., 2006).
The federal statute definition also includes two classifications of sexual assault. The classifications of rape are sexual abuse and aggravated sexual abuse. The Federal Criminal Code’s definitions of sexual abuse include causing another person to engage in sexual acts through intimidation or threats that cause fear in the victim. In addition, the definition includes the engagement in sexual acts if the victim is incapable of declining to participate in or unable to communicate unwillingness in the sexual act (Meier & Nicholson‐Crotty, 2006). The Federal Criminal Code further classifies sexual abuse into two other categories. For instance, Abusive Sexual Contact involves the process whereby there is an intentional touching of genitalia, breasts, anus, inner thigh, groin, or buttocks, with the intention to abuse, degrade, arouse, humiliate, or gratify the sexual urges of the perpetrator (Marshall et al., 2013). The second type of sexual abuse is the Sexual Abuse of a Minor or Ward, which is defined as knowingly engaging in sexual acts with a minor, that is, an individual between the ages of 12 and 15 years.
Aggravated Sexual Assault is classified into three categories of assault. Firstly, Aggravated Sexual Abuse by Force or Threat of Force is when an individual knowingly causes another individual to engage in acts of sex or attempts to force one to engage in sexual acts by using force against that individual. It also involves using threats or placing the individual in extreme fear of death, kidnapping, or serious bodily injury (Brennan & Taylor-Butts, 2008). This is also referred to as forcible rape. The second category is aggravated sexual abuse by other means. It is defined as knowingly rendering another person unconscious and consequently engaging in sexual acts with that other person. Further, it involves the process of administering a drug, intoxicant, or any other similar substance to another person by force or threat of force, or unknowingly, and thereby greatly impairing the person’s ability to appraise or control, and engaging in a sexual act with the impaired individual (Armstrong et al., 2006). Lastly, Aggravated Sexual Abuse with a Child occurs when an individual knowingly engages in acts of sex or attempts to do so with another person below the age of 12 years. This is commonly referred to as statutory rape and is a serious form of sexual abuse.
Types of Rape
Rape can be classified into different categories that are defined regarding the circumstances where and when the sexual assault occurs. Some of the types of rape and respective definitions include:
- Date Rape- Rape committed on a person whom the victim is dating or is with for a date (Ullman, 2010). Date rape is categorized under the acquaintance rape category, which involves rapes committed by a person who knows the victim or involving drug-facilitated sexual assault where a person knowingly drugs the victim with a drug to incapacitate them to perform sexual acts without their consent. Indeed, the majority of rape cases fall into this category where individuals known to the victim commit two out of three rape cases (Meier & Nicholson‐Crotty, 2006). Date rape or acquaintance rape can occur between two people known to each other through social situations, between two people who are in an intimate relationship such as a couple who have had consensual sex in the past, between friends, between two people at the beginning of dating, or between acquaintances (Marshall et al., 2013). It is perpetrated by co-workers, family members, friends, schoolmates, teachers, and other acquaintances that the victim knows and interacts with within his/her social circles. Date rape is especially very common among college students where the majority of the victims are college girls as opposed to the college men, who are mainly the perpetrators.
- Marital Rape/Spousal Rape- Spousal Rape, also known as Marital Rape is a form of rape committed by a victim’s spouse in a marriage setting. Although marital rape occurs to both men and women, the main victims are the women while the perpetrators are their husbands (Brennan & Taylor-Butts, 2008). Marital/Spousal rape is a complicated form of rape since in most cases; the perpetrators often believe that they have a right to sex because they are married to the victims (Marshall et al., 2013). Marital rape is often accompanied by verbal and physical abuse, which further makes it a dangerous combination for the victim.
- Gang Rape-This rape is a form of rape that is perpetrated on a victim by a group of two or more individuals. Gang rapes are known to be more violent and although there is less resistance from the victim because he/she has no strength to overcome the assault, the likelihood of long-term injury in the victim increases drastically (Meier & Nicholson‐Crotty, 2006). It is also important to note that although both males and females may face gang rape, more women than men are victims.
- Rape of Children- Rape of children is a form of rape on persons who have not attained the legal age of being an adult. Rape of children involves various forms of rape such as those committed by a child on another, which forms the child-on-child sexual abuse, incest, and aggravated assault on children and minors (Armstrong et al., 2006). Rape of children can result in long-term physical and psychological complications that may haunt the victim for the rest of his/her life.
- Statutory Rape-Statutory rape is a form of rape involving a minor who is not legally viewed as having the ability to consent to sex. In other words, statutory laws seek to protect young people from sexual exploitation by treating any sexual contact with a person as an offense (Brennan & Taylor-Butts, 2008). In this case, whether the minor has initiated or consented to sex, it is still a crime because the victims under certain defined age are not presumed to be legally able to consent to sex. The age of consent is the age at which an individual is viewed as legally able to consent or initiate sex. For example, the age of consent varies from 16 years to 21 years depending on the state or country in focus (Marshall et al., 2013). Statutory rape may be violent or non-violent and is recognized by law as a serious criminal offense (Meier & Nicholson‐Crotty, 2006). However, in some states and countries, sex between persons younger than the age of consent is allowed if the age difference between the two partners is small.
- Payback Rape-This form of rape occurs as a means of revenge for acts committed by the victim or his/her family (Armstrong et al., 2006). However, such payback rape is common in certain cultures such as the Pacific Islands. The payback rape is committed by a group of men to humiliate the victim’s family for the acts committed by the brothers or the father of the victim.
- Prison Rape-As the name suggests, this kind of rape majorly occurs in the prison setting and is perpetrated on victims by another inmate (Ullman, 2010). Because prisons are sexually segregated, rape cases in the facilities are committed against people of the sex. In most cases, the perpetrators are not gay.
- Stranger Rape-This is a form of rape perpetrated by an individual unknown to the victim (Marshall et al., 2013). Although this is the ideal kind of rape when people are discussing the topic of rape, it accounts for less than a third of rape cases in the world.
- Drug Facilitated Sexual Assault or Rape-This type of rape occurs where the perpetrator knowingly administers a drug to another person to commit sexual acts on such a person and consequently engage in sexual acts with the intoxicated person. In some cases, both the victim and the perpetrator may be under the influence of alcohol (Armstrong et al., 2006).
- War Rape-This type of rape is committed by soldiers or other combatants on civilians during war, conflict, or military occupation. It may also involve forced sexual slavery by the occupying power in a given society (Meier & Nicholson‐Crotty, 2006). Rape during a war is used as psychological warfare with the aim of humiliating and defeating the enemy through demoralization. In some cases, the military authority sanctions rape carried out during a war where soldiers are required to rape civilians as a war strategy (Marshall et al., 2013). War rapes have been classified as war crimes committed on innocent civilians during wartime.
- Custodial Rape-This form of rape is committed by individuals in authority over others who they are in charge of such as in police stations, hospitals, or orphanages (Brennan & Taylor-Butts, 2008). The crime is committed by people in supervisory or custodial positions such as hospital employees, police officers, and public servants.
- Corrective Rape-corrective rape is majorly committed on people who are not heterosexual such as gays, lesbians, or transgender. It is a form of punishment for violating gender roles in society (Marshall et al., 2013). However, it is commonly undertaken on lesbians, which is justified by the perpetrator as a necessary step to reversing or correcting the person’s sexuality.
Categorization of Rapists
The underlying motives behind the perpetration of rape are a major concept of understanding the crime. In most cases, rapists have an intention and driving factors that push them to commit the crime (Meier & Nicholson‐Crotty, 2006). However, it does not mean that the motives of a perpetrator are justifiable or allow rape to be viewed to of lesser degree than others. In other words, rape is a crime regardless of the motive of the perpetrator as dictated by the law.
The first category of rapists is the Power Rapist. According to Ullman (2010), power rapists can further be categorized into two, that is, Power Reassurance rapists and Power Assertive rapists. In both categories, the people who perpetrate rape are convinced of their sexual prowess and are ready to show it to the victim. Power rapists do not intend to harm the woman and as such are less aggressive as compared to other rapists (Armstrong et al., 2006). Further, they do not use unnecessarily large force to achieve their aim. In most cases, they only exhibit anger in response to the victim’s reactions of resistance to their advances (Marshall et al., 2013). However, they are ready to use any amount of force to accomplish their goal of having sex with the victim. However, unlike other rapists, they are more likely to run away if the victim shows aggression or screams, as they do not want to harm the victim. They aim to have the victim submit or own her sexually (Brennan & Taylor-Butts, 2008). In cases where the perpetrators are known as the victim, rapists use their power to achieve their evil desires without caring how the victim will be affected by the sexual acts.
The Power Reassurance Rapist under the power rapists is premeditated and is characterized by sexual or rape fantasies by the perpetrator. The object of such fantasies is the future victim, who the perpetrator wrongly believes wants him. Indeed, during the assault, the perpetrator may require the victim to tell him that she wants to have sex and that she is enjoying it. Since the perpetrators do not believe that they are committing a crime, they often give the victim their number or contact to call to arrange for another “consensual sex” encounter (Marshall et al., 2013). The offender uses instructional and inquisitive language characterized by giving orders, asking personal questions, and expecting responses from the victim. In addition, the perpetrators do not use a lot of force, and any physical injuries that may arise are accidental rather than intentional. The sexual offense is also characterized by the threat of a weapon but in most cases will not have such a weapon (Marshall et al., 2013). Any weapon brought to the scene is majorly for intimidating as opposed to being used to harm the victim. This kind of rapist is often referred to as a “gentleman rapist” since he spends a short time with the victim, unless she is compliant, where he tries to engage in “pillow talk” after the crime (Ullman, 2010). The perpetrator is also interested in sexually satisfying the victim. Most likely, he or she will try to contact the victim in the future to apologize or to plan a second assault. The rapes are planned and well-executed depending on the vulnerability of the victim. Besides, the offense is committed within the neighborhood or workplace (Marshall et al., 2013). The rapists are repetitive and may tend to increase aggression over time.
The second category under the power rapists is the Power Assertive Rapist. Power assertive rapists use their anger to prove their power and sexual virility over women. Unlike in the power reassurance rape cases, rape cases in power assertive situations are spontaneous, impulsive, and unplanned. In most cases, the perpetrators meet their victims at parties, bars, clubs, or other social gatherings (Meier & Nicholson‐Crotty, 2006). Indeed, according to Brennan and Taylor-Butts (2008), many acquaintance rapes are perpetrated by this category of rapists. The rapist also uses a lot of bad and offensive language intending to intimidate the victim into submission. Although the rapist does not intend to harm the victim, he is ready to use adequate force to subdue the victim. In most cases, the rapists use the fist as the weapon of choice since due to the lack of pre-planning, the rapist will rarely have a weapon unless he always carries one such as a penknife (Meier & Nicholson‐Crotty, 2006). Like the power reassurance, the rape assault duration is relatively short. In addition, the rapists often attack far away from their workplace while the victim tends to be the same age or older than the offender. The rapist may commit multiple assaults in a single evening or a span of a short duration to prove his masculinity (Marshall et al., 2013). The perpetrator may have prior criminal records such as assault and battery, reckless driving, or breach of peace.
The third category of rapists is the Anger Rapists. As the name suggests, these rapists’ assault is characterized by anger that is exclusively directed to women although, in some cases, the anger may be directed on men. The amount of force and aggression used in this type of rape is unpredictable and can range from verbal abuse to murder (Meier & Nicholson‐Crotty, 2006). Although just like the power rapists the time used is short, the amount of violence and force used on unresisting victims is excessive. If the victim resists, the force used increases drastically. In addition to the rape, anger rapists often cause serious bodily harm to the victims (Brennan & Taylor-Butts, 2008). The anger rapists often have underlying mental issues, and their main aim is to humiliate, degrade, and abuse the victim of their actions where they often use derogatory language to accompany the attack to achieve maximum harm on the women. To the anger rapists, women are dirty and deserve to be raped and misused the way the rapist deems fit. The anger rapist often places his anger for another woman such as his wife or a girlfriend, on another innocent woman, who may be known or unknown to the perpetrator. There exists no evidence to link anger rapists to erotizing their actions or having sadistic fantasies (Meier & Nicholson‐Crotty, 2006). Such attacks are unplanned and instead influenced by events in the offender’s life. The use of a weapon is entirely dependent on the access and opportunity to have such as weapon since the attack is unplanned. The duration spent in the ordeal is also very short (Marshall et al., 2013). The time of the attack is spontaneous and can be any time of the day or night.
The last category of rapists is the Sadistic Rapist. The sadistic rapist is an extreme category that involves extreme sexual aggression, where the rapists have destructive erotic fantasies. Sexuality and aggression are intertwined according to the sadistic rapists. They achieve sexual satisfaction by causing physical and mental harm to the victim. To achieve even greater arousal and sexual satisfaction, sadistic rapists increased the force and pain on the victim (Brennan & Taylor-Butts, 2008). The main areas of the body where the perpetrators focus are the sexual organs on which they target their abuse and injury. In this case, they often involve object rape and anal rape as well as extreme and bizarre acts such as giving victims enema. Other extreme acts that have been noted are dismembering of victims and subsequently having sex with the dead bodies.
Response to Rape by the Society
Different societies respond to rape in different ways. In some societies, rape is a serious crime that attracts condemnation by all members while in others it is a crime that should not be spoken about. Some of the key ways through which societies respond to crime are through victim-blaming and stigmatization. In victim-blaming, victims of rape are often blamed for the events that occurred to them. In this case, the members of the society may argue that the victim was dressed inappropriately or was acting in a manner to connote sexual desires. In addition, those who blame the victims argue that the crime could have been avoided if the women had fought back (Marshall et al., 2013). Women who fought back are more likely to be believed that the rape took place and was unavoidable, as opposed to those women who had less aggression towards the attacker. The second response to victims of rape is stigmatization or slut shaming. In this case, the victim is disgraced, tainted, and dishonored following the event. In addition, victimization is equally noted in both stranger or acquaintance rapes (Ullman, 2010). In extreme cases, women are shunned by society or even murdered in “honor killings” for bringing shame to the family or society.
Conclusion
While rape remains one of the key gender-based violence, it is highly underreported and misunderstood. Some of the key misconceptions relating to rape include rape in a marriage where people in the marriage cannot be viewed as having been raped by their spouses. However, as the paper has revealed, rape involves many acts of sex that are not consensual by both sexes. The types of rapes also show the different categorizations and definitions of rape in the legal environment. The motives of the rapists have also revealed the different types of rapists. Lastly, the ways the society responds to rape is also a major theme in understanding the crime. Stigma and shaming of victims are keyways that society uses to respond to the vice.
Reference List
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Brennan, S., & Taylor-Butts, A. (2008). Sexual assault in Canada, 2004 and 2007. Ontario, Canada: Statistics Canada.
Marshall, W., Laws, D., & Barbaree, H. E. (2013). Handbook of sexual assault: Issues, theories, and treatment of the offender. Berlin, Germany: Springer Science & Business Media.
Meier, K. J., & Nicholson‐Crotty, J. (2006). Gender, representative bureaucracy, and law enforcement: The case of sexual assault. Public Administration Review, 66(6), 850-860.
Ullman, S. E. (2010). Talking about sexual assault: Society’s response to survivors. Washington, D.C: American Psychological Association.