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Mallicoat, Women, Gender, and Crime Core Concepts, Second Edition Chapter 3: Women, Gender, and Victimization: Rape And Sexual Assault

Historical Perspectives on Rape and Sexual Assault (1 of 4)

Rape.

Laws prohibiting rape.

Rape was a property crime.

Sexual assault.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Historical Perspectives on Rape and Sexual Assault

Rape:

Sexual intercourse under force, threat of force, or without the legal consent of the individual.

In many jurisdictions, the term rape specifically applies in cases of penile-vaginal forced intercourse.

Laws prohibiting rape:

One of the first laws prohibiting the crime of rape can be found in the Code of Hammurabi from Babylon.

Ancient Greek, Roman, and Judaic societies also criminalized the act of rape under various circumstances.

Some laws distinguished between the rape of a married versus an unmarried woman, and the punishments for these crimes varied based on the status of the victim.

Rape was a property crime:

Instead of violent sexual offense, rape was viewed a property crime in the earlier times.

If the victim was an unmarried woman, the rape tainted her status and value for potential marriage.

As a result, many fathers negotiated to have their daughters marry their rapists.

Sexual assault:

All forms of unwanted sexual activity other than rape, sexual assault includes acts such as penetration other than vaginal-penile penetration, penetration by objects, sodomy, forced oral copulation, sexual touching, and other lewd acts.

It brought shame to the victim, because the acknowledgment of a rape was an admission of sexual activity.

Historical Perspectives on Rape and Sexual Assault (2 of 4)

Blaming of victims.

Model Penal Code in 1955.

Limitations of Model Penal Code.

Same-sex sexual assault.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Historical Perspectives on Rape and Sexual Assault

Blaming of victims:

Women were blamed for tempting offenders into immoral behaviors.

During criminal rape trials, in an attempt to discredit in front of a jury, a woman’s sexual history was often put on display.

The responsibility of an offender’s actions was mitigated by portraying women victims of sexual assault as complicit.

Such a practice represented a double standard because the courts did not request similar information about a man’s sexual history.

Model Penal Code in 1955:

The definition of rape included in Model Penal Code in 1955 says that rape is an activity where a man who has sexual intercourse with a woman not his wife is guilty if:

He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone.

He has impaired her power to appraise or control her conduct by administering or employing drugs, intoxicants without her knowledge.

The woman is unconscious.

The woman is less than 10 years old.

Limitations of Model Penal Code:

The definition of rape is reduced to the act of intercourse, excluding other acts of sexual assault, such as oral sex, sodomy, or penetration by a foreign object.

It limits the victim-offender relationship to a man perpetrator and a woman victim.

Same-sex sexual assault: often refers to man-on-man assault, because of the limited research on woman-on-woman sexual violence.

For an act to qualify as rape, this definition requires that force, or the threat of force and focuses on violence and brutality as proof of the crime.

Marital status exemption such that men could not be prosecuted for raping their wives.

Failure to acknowledge attempted rapes as a crime and its traumatic effects.

Historical Perspectives on Rape and Sexual Assault (3 of 4)

Positive influences from Model Penal Code.

Perception of false accusations.

Contemporary definitions of rape.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Historical Perspectives on Rape and Sexual Assault

Positive influences from Model Penal Code:

It acknowledges that the absence of consent for sexual intercourse (including intoxication or unconsciousness) constitutes rape.

It acknowledges that sexual acts involving children are a crime.

Perception of false accusations:

Judges and juries were very skeptical towards allegations of rape and sexual assault.

There was a strong bias against the perception of false accusations.

In California, jury were instructed to examine the testimony of the woman named in the information with caution.

Due to this law, many victims of sexual assault never saw justice in their cases.

White victims were often believed with very little evidence, particularly if they were upper class.

If the attacker was a woman of color, or was deemed to be poor, her claims were highly questioned and often dismissed.

Contemporary definitions of rape:

Most laws broadly define sexual victimization as sexual behaviors that are unwanted and harmful to the victim.

Most emphasize the use of force or coercion displayed by the offender rather than focusing on the response or conduct of the victim.

The law itself does not require victims to demonstrate physical levels of resistance.

Historical Perspectives on Rape and Sexual Assault (4 of 4)

Development in contemporary rape laws.

Punishment for sexual assault, rape.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Historical Perspectives on Rape and Sexual Assault

Development in contemporary rape laws:

The development involves the abolishment of the marital-rape exemption clause.

Historical acceptance of the marital-rape exception is rooted in biblical passages.

Every state has laws that identify rape within the context of marriage as a criminal act.

The term sexual assault is often used to identify forms of sexual victimization that are not included under the traditionally narrow definition of rape.

The definitions of sexual assault expanded beyond penile-vaginal penetration and include sodomy, forced oral copulation, and unwanted fondling and touching of a sexual nature.

Age of consent laws have led to the development of statutory rape laws.

Sex offender registration laws, such as Megan’s Law and Jessica’s Law, require the community receive notification of sexual offenders and the placing of residential, community, and supervision restrictions on offenders.

Punishment for sexual assault, rape:

Historically, the crime of rape was punished by death.

In 1925, 18 of the 48 states and the Federal Government authorized the use of the death penalty in cases of rape of an adult.

Only three states retained the use of the death penalty when Furman v. Georgia abolished the current laws around capital punishment.

In 1977, the U.S. Supreme Court in Coker v. Georgia held that the use of the death penalty was a disproportionate punishment for the rape of an adult.

In 2017, the U.S. Supreme Court extended its decision in Coker v. Georgia to abolish the use of the death penalty in cases of child rape.

Defining Sexual Victimization (1 of 2)

Definitions by Uniform Crime Reports (UCR).

Definition by National Crime Victimization Survey (NCVS).

Definitions of crimes in states.

Limited clarity on legal definitions.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Defining Sexual Victimization

Definitions by Uniform Crime Reports (UCR):

UCR considered only cases of forcible rape.

It did not account for cases of attempted rape/sexual assault.

Definition by National Crime Victimization Survey (NCVS):

The NCVS defines rape as the forced sexual intercourse including vaginal, oral, or anal penetration by offender(s).

The NCVS collects data from cases of penetration with a foreign object as well.

Definitions of crimes in states:

States vary significantly on their own definitions of these crimes.

Some states limit rape to penile-vaginal penetration and use sexual assault as a catch-all category of other crimes, while other states use multiple statutes to distinguish between different forms of sexual assault.

Some states combine multiple forms of assault under a single penal code definition.

Limited clarity on legal definitions:

The lack of clarity on rape and sexual assault definitions and personification of crimes in popular culture and media have significant effect on victims.

Victims may not label their encounter as rape or sexual assault and as a result, they do not report to the police, nor seek out therapeutic resources.

Since their experience differs from their personal definitions of rape and sexual assault, women do not define themselves as victims.

Defining Sexual Victimization (2 of 2)

Low chances of stranger rape.

Lack of understanding for offenders.

3.1. Summarize the historical perspectives on the sexual victimization of women.

Defining Sexual Victimization

Low chances of stranger rape:

Stranger rape: The perpetrator is unknown to the victim and is usually associated with a lack of safety, such as walking home at night or not locking the doors.

The NCVS data demonstrate that cases of stranger rape with women victims account for only 22% of all sexual assaults.

Therefore, the majority of rapes and sexual assault are perpetuated by people who are known to the victim.

Lack of understanding for offenders:

Many people who admit to engaging in behaviors that meet the legal criteria for rape or sexual assault generally do not define their own actions as criminal.

A survey on rape and sexual assault was taken among 2,971 college men regarding self-reported conduct that met the legal definitions of rape, attempted rape, sexual coercion, and unwanted sexual contact.

The results indicated that 1,525 acts of sexual assault had occurred, including 187 acts of rape.

84% of the “perpetrators” believed that their acts did not constitute rape.

Prevalence of Rape and Sexual Assault

Data from Rape, Abuse and Incest National Network (RAINN).

Data from NCVS.

Underreporting and challenges in research.

Prevalence studies in the U.S.

3.2. Identify the prevalence of rape and sexual assault.

Prevalence of Rape and Sexual Assault

Data from Rape, Abuse and Incest National Network (RAINN):

Though rape and sexual assault are underreported, these crimes pervade our society.

A rape, attempted rape, or sexual assault occurs approximately once every 2 minutes.

Data from NCVS:

There were 459,310 victims of rape and sexual assault in 2019.

There are 1.6 victims per 1,000 individuals aged 12 or older.

In 2018, 24.9% of victims reported these crimes to the police while in 2019, this increased to 33.9% of cases.

Underreporting and challenges in research:

The stigmatizing nature makes rape, attempted rape, and sexual assault some of the most underreported crimes.

While attempting to estimate the prevalence of sexual assault, researchers face challenges, including differences in defining sexual assault, the emphasis on different sample populations, or different forms of data.

Sexual assault affects most individuals in some way at some point in their lifetime.

Prevalence studies in the U.S.:

The National Intimate Partner and Sexual Violence Survey notes that 43.6% of women experience some form of sexual violence in their lifetime.

1 in 5 women experience a completed or attempted rape (21.3%) and over a third of women (37%) are subjected to unwanted touching.

These results demonstrate an increase in the number of rape cases compared to the Violence Against Women survey in 1996, which noted that 15% of all women experience crimes of rape.

Recent data suggests that more than one in four American women will be victimized by rape or sexual assault within their lifetime.

Rape Myths (1 of 3)

Justification of sexual aggression.

Common myths about rape.

Contributing factor in victim blaming.

Excuse and justification for rape.

3.3. Evaluate the impact of rape myths and rape myth acceptance.

Rape Myths

Justification of sexual aggression:

Rape myths are attitudes and beliefs that are generally false but are widely and persistently held, and that serve to deny and justify sexual aggression of men against women.

Common myths about rape:

A woman who gets raped usually deserves it, especially if she has agreed to go to a man’s house or park with him.

If a woman agrees to allow a man to pay for dinner, then it means she owes him sex.

Acquaintance rape is committed by men who are easy to identify as rapists.

Only women can be raped or sexually assaulted by men.

Women who do not fight back have not been raped.

Once a man reaches a certain point of arousal, sex is inevitable, and he cannot help forcing himself on a woman.

Most women lie about acquaintance rape because they have regrets after consensual sex.

Women who say “No” really mean “Yes.”

Certain behaviors such as drinking or dressing in a sexually appealing way make rape a woman’s responsibility.

If she had sex with me before, she has consented to have sex with me again.

A man cannot rape his wife.

Only bad women get raped.

Women secretly enjoy being raped.

Contributing factor in victim blaming:

The acceptance of rape myths by society is a contributing factor in the practice of victim blaming.

The presence of rape myths allows society to shift the blame of rape from the offender to the victim.

We can avoid confronting the realities of rape and sexual assault in society.

This denial serves as a vicious cycle.

As we fail to acknowledge the severity of rape and sexual assault, which leads to victims not reporting their crime to authorities, this results in greater acceptance that the crime is not taken seriously by society as a whole.

It supports the notion of a just world hypothesis, suggesting only good things happen to good people and bad things happen to those who deserve it.

Excuse and justification for rape:

Offenders use rape myths to justify their actions.

Excuses occur when offenders admit that their wrong behavior but blame their actions on external circumstances outside of their control.

Justifications occur when offenders admit responsibility for their actions but argue that their behavior was acceptable under the circumstances.

Miscommunication appears to play a significant role for men.

The responsibility of rape is transferred from the offender back to the victim by suggesting men “misunderstand” their victim’s refusal for sexual activity.

Rape Myths (2 of 3)

Impact how victims are viewed.

Victims accept excuses or justifications.

Prevalence, acceptance of rape myths.

3.3. Evaluate the impact of rape myths and rape myth acceptance.

Rape Myths

Impact how victims are viewed:

While victim blaming occurs across all racial and ethnic groups, the degree of blame can vary between groups.

Victims who were identified as either African American or Latina received harsher judgements.

Victims who were identified as white were less likely to be seen as responsible for their own trauma and victimization.

Victims accept excuses or justifications:

It minimizes or denies the responsibility of their offender.

In cases where the man offender “got carried away,” women victims often accept the actions of the offender as a natural consequence of sexuality of men.

Victims feel that they deserve their victimization as a result of their own actions.

Many victims argue that “they should have known better” or that “they didn’t try hard enough to stop it.”

Prevalence, acceptance of rape myths:

These myths permit us to believe that stranger rape is “real” rape, whereas acquaintance rape is interpreted as less serious, less significant, and less harmful because the offender is known to the victim.

They perpetuate the belief that women should be more fearful of the symbolic assailant.

They suggest that in order for a woman to be raped, she needs to fight back against her attacker and leave the scene with bruises and injuries related to her efforts to thwart the assault.

They also suggest that real rape victims always report their attackers and have evidence collected and that an offender is identified who is then arrested, prosecuted, and sentenced to the fullest extent under the law.

The majority of cases involve victims who know their offender, and victims who do not report these cases to the police.

The consequence of these myths serves to limit the public’s understanding about the realities of rape, which can limit the victim’s opportunity for justice.

Rape Myths (3 of 3)

Acquaintance rape.

Symbolic assailant.

3.3. Evaluate the impact of rape myths and rape myth acceptance.

Rape Myths

Acquaintance rape: The victim knows the perpetrator; it usually accounts for the majority of rape and sexual assault cases.

Symbolic assailant:

A perpetrator, often of minority ethnicity, who hides in dark shadows awaiting the abduction, rape, or murder of unknown innocents.

He or she attacks at random, is unprovoked, and is difficult to apprehend.

Acquaintance Versus Stranger Assault

More prevalence of acquaintance rape.

Low reporting rates of acquaintance rape.

Trauma due to acquaintance rape.

Rape culture in society.

3.4. Discuss the different types of sexual assault victims.

Acquaintance Versus Stranger Assault

More prevalence of acquaintance rape:

Stranger rape is the least common type of sexual assault.

Many prevention efforts that advise women on what they can do to keep themselves safe from sexual assault often focus on situations of stranger danger.

These tools fail to acknowledge the reality of sexual assault.

Acquaintance rape accounts for 90% of all rapes of college women.

60% of all rape and sexual assault incidents occur either at the victim’s home or at the home of a friend, neighbor, or relative.

Cases of acquaintance rape and sexual assault tend to entail lower levels of physical force by the offender and involve less resistance by the victim.

Low reporting rates of acquaintance rape:

According to research by Millar, Stermac, and Addison, 61% of acquaintance rapes are not reported to the police.

According to Rickert, Wiemann, and Vaughan, only one of 86 study participants made a report to law enforcement authorities, and four victims sought services from a mental health professional.

Society tends to discount the validity of acquaintance rape, suggesting that it is a lesser criminal act than stranger rape.

Trauma due to acquaintance rape:

Victims suffer significant mental health trauma as a result of their victimization.

This trauma is exacerbated by victims by blaming themselves for their own victimization.

These victims are less likely to seek assistance from rape crisis or counseling services.

Rape culture in society:

Cases such as Steubenville, Dietrich, and Brock Turner highlight the role that rape culture continues to play in our society.

These forms of violence contribute to a culture of rape whereby offender actions are minimized and blame for these events is often diverted.

Drug-Facilitated/Incapacitated Sexual Assault (1 of 2)

Drug-facilitated rape.

Incapacitated rape.

Involuntary drugging of victims.

Substances used in drugging.

3.4. Discuss the different types of sexual assault victims.

Drug-Facilitated/Incapacitated Sexual Assault

Drug-facilitated rape: An unwanted sexual act following the deliberate intoxication of a victim.

Incapacitated rape: An unwanted sexual act that occurs after a victim voluntarily consumes drugs or alcohol.

Involuntary drugging of victims:

A rise has been seen in incapacitated rapes through the involuntary drugging of victims.

The terms date rape drug and drug-facilitated sexual assault are used to identify how the involuntary consumption of substances have been used in sexual assault cases.

Substances used in drugging: GHB, ketamine, rohypnol, and alcohol.

Drug-Facilitated/Incapacitated Sexual Assault (2 of 2)

Underreporting due to little recollection.

Laws to control drug-facilitated rape.

Voluntary intoxication of alcohol.

3.4. Discuss the different types of sexual assault victims.

Drug-Facilitated/Incapacitated Sexual Assault

Underreporting due to little recollection:

These drugs are generally colorless, odorless, and/or tasteless when dissolved in a drink and result in a rapid intoxication that renders a potential rape victim unconscious and unable to recall events while intoxicated.

Many cases of drug-facilitated sexual assault go unreported, because victims may be reluctant to report a crime due to little recollection.

Laws to control drug-facilitated rape:

Under the Controlled Substances Act of 1970, the possession of controlled substances (GHB, or gamma-hydroxybutyrate, ketamine, and Rohypnol) is a federal offense.

Drug-Induced Rape Prevention and Punishment Act of 1996 provides penalties for up to 20 years for the involuntary drugging of an individual in cases of violence.

Many states have enacted laws that provide specific sanctions in cases of drug-facilitated sexual assault.

The Colorado state law provides an assessment of a victim’s ability to consent to sexual relations and holds that the level of intoxication, combined with the resulting mental impairment of the individual, must affect the victim’s ability to exercise reasonable judgment.

Drug-facilitated sexual assault is considered a class 3 felony and calls for a punishment range of 4–12 years.

Voluntary intoxication of alcohol:

Sexually assault following voluntary intoxication of alcohol make up majority of drug-facilitated sexual assaults.

Alcohol was involved in 79% of cases of nonforcible rape.

The use of drugs and alcohol places women at a greater risk for sexual assault.

Due to their incapacitated state, women have a reduction of their inhibitions and inability to resist their attackers.

Since they chose to use intoxicating substances recreationally, these victims are often held as the most responsible of all sexual assault victims.

As a result, the actions of perpetrators in these cases are most likely to be excused or diminished.

Spousal Rape (1 of 2)

Nonconsensual sexual intercourse.

Marital rape exception and legality.

Emotional coercion over physical force.

Battering rape.

3.4. Discuss the different types of sexual assault victims.

Spousal Rape

Spousal rape: It involves emotional coercion or physical force against a spouse to achieve nonconsensual sexual intercourse that can often lead to domestic violence.

Marital rape exception and legality:

In 1978, only five states defined marital rape as a crime.

Several states still have exceptions in the law that limit how marital rape is defined.

Marital rape is still legal in many countries around the world.

Nigerian criminal law has criminalized rape in general but does not acknowledge rape by a spouse as a crime.

India also provides legal immunity in cases of rape when the victim is their wife.

Emotional coercion over physical force:

Majority of marital rape involve cases of emotional coercion rather than physical force in the assault.

Examples of emotional coercion:

Social coercion: Wife’s duty to engage in sex with her husband.

Interpersonal coercion: Use of power by a husband to exert sexual favors from his wife.

Wife engaging in sex for fear of unknown threats or damages that may occur if she refuses.

Battering rape:

Cases of marital rape by the use of physical force are referred to as battering rape.

In cases of battering rape, the sexual assault is an extension of the physical and emotional violence that occurs within the context of the relationship.

The physical effects of marital rape are generally greater compared to cases of stranger and acquaintance rape.

Spousal Rape (2 of 2)

Marital rape: hidden from view.

Challenges in reporting and punishment.

Viewed as least serious rape.

Cultural acceptance of marital rape.

3.4. Discuss the different types of sexual assault victims.

Spousal Rape

Marital rape: hidden from view:

Marital rape is as prevalent as other forms of rape, but this victimization is generally hidden from public view.

7% to 14% of women experienced completed or attempted rape within the context of marriage, cohabitating, or intimate relationship.

Challenges in reporting and punishment:

There is a perception that marital rape is not real rape.

Acts of sexual assault such as oral sex without consent are less likely to be viewed as a form of marital rape.

Women are more likely to view nonconsensual acts such as vaginal and anal penetration, penetration with an object, as marital rape.

Viewed as least serious rape:

Marital rape is viewed as the least serious form of rape, compared to rape by a stranger or acquaintance.

It is only viewed as a serious act when there is a history of violence in the relationship, and victims receive greater levels of blame.

Such perceptions impact other’s view and can also lead to self-blaming behaviors by the victim.

Cultural acceptance of marital rape:

The cultural acceptance of marital rape fails to identify the women as victims.

This leaves the victims with the belief that their experiences are not considered real rape.

Also, these women are less likely to seek assistance for their victimization.

Campus Sexual Assault (1 of 2)

Occurs during collegiate experience.

Variables increasing risk of assault.

High risk during first year.

Title IX from Education Amendments.

3.4. Discuss the different types of sexual assault victims.

Campus Sexual Assault

Campus sexual assault:

Refers to acts of rape and sexual assault that occur during the collegiate experience.

Can involve, but is not limited to, crimes that occur on a college campus.

Estimation says that 20% and 25% of women will experience a completed or attempted rape at some point during their collegiate career.

Variables increasing risk of assault:

A “party” atmosphere, easy access to alcohol and drugs, increases in freedom, and limited supervision by older adults.

Majority of sexual assaults against university women occurred between the evening and early morning hours during or after a party.

Alcohol plays a major role in these cases where the victims knew their attackers.

Victims are also more likely to be younger and less knowledgeable about the dangers of sexual assault.

The more students engage in substance use, the greater the risk for victimization.

High risk during first year:

During the first year of the university experience, the risk of sexual assault among college-age individuals is highest.

One in six women students experience either an attempted or completed incapacitated or forcible sexual assault during this year.

Women who have previously experienced sexual violence during adolescence are more likely to be revictimized in college.

Title IX from Education Amendments:

It ensures that women have equal access to programs such as law school and medical school or to provide support and access for women’s programs within college athletics.

The scope of Title IX covers 17,600 local school districts and over 5,000 higher educational institutions.

Title IX covers all areas of educational programming, including admissions, programming, athletics, financial assistance, and sexual harassment and violence.

It is Title IX’s purvue to provide inclusive curricula and creating a safe school environment for K-12 schools.

Campus Sexual Assault (2 of 2)

Addressing LGBTQ+ youth bullying.

New rules of campuses.

Prevention efforts and accountability factor.

Changes due to new programs.

3.4. Discuss the different types of sexual assault victims.

Campus Sexual Assault

Addressing LGBTQ+ youth bullying:

LGBTQ+ youth bullying in schools in 1989 was addressed by Massachusetts to improve school safety and reduce suicide rates.

Schools implemented anti-bullying programming, safe spaces for LGBTQ+ students and gay-straight alliance student groups.

There are still regions around the country where students feel unsafe at school, impacting their physical, emotional and academic development.

One in four adolescent LGBTQ-youth attempt suicide.

New rules of campuses:

Directives such as the 2011 Dear Colleague letter initiated many changes on college campuses.

This call to action, coupled by the creation of the White House Task Force to Protect Students from Sexual Assault, resulted in increased requirements for schools to both respond to current acts of harassment and sexual violence, and take steps to prevent similar acts in the future.

These new rules required campuses to establish offices to investigate any claims and to provide a dedicated staff to handle these cases.

It also involved changing the burden of proof in these cases to the “preponderance of the evidence” standard.

In 2017, the Secretary of Education under the Trump administration reversed this requirement and implemented additional changes that increased protections for those accused of sexual assault and harassment, required live hearings provided by a neutral party outside of the campus’s Title IX unit, and allowed for cross-examination of all students in 2020.

Prevention efforts and accountability factor:

One of the challenges facing colleges has been that campuses must find a way to support these new or enhanced infrastructures.

To support enhanced infrastructures, the focus is expanded from a responsive framework to one that includes prevention efforts and addition of an accountability factor.

These include requirements created by campuses for training employees, procedures for reporting cases, and processes for responding to complaints.

Campuses are required to adopt prevention curriculum for students as well as provide support systems and resources for victims.

Most campuses have options for both confidential and anonymous reporting.

Victims have the option to pursue through campus disciplinary structures and to report the case to local authorities for criminal processing.

Changes due to new programs:

Students remain unfamiliar with the available resources despite a renewed focus on education about campus resources.

Bystander education programs show positive effects in changing attitudes about sexual assault and increasing bystander effectiveness.

There is significant variation between institutions of higher education on how allegations of sexual assault are managed.

Adversarial trial-like models are used where there is a cross-examination between evidence presented and testimony provided by witnesses.

Statutory Rape (1 of 2)

Sexual activity prohibited by statute.

Victimless crimes.

Types of statutory rape laws.

Tennessee state law conditions.

3.4. Discuss the different types of sexual assault victims.

Statutory Rape

Statutory rape: Sexual activity that is unlawful because it is prohibited by statute or code; it generally involves someone who is not of legal age to give consent.

Victimless crimes:

While statutory rape laws were initially introduced to protect adolescents from adults, in cases where there was a age difference, these laws have also been used against adolescents and their peers.

Individuals in these cases often do not define themselves as a victim but see themselves as willing participants in sexual activity.

It is the legal distinction of who can, and who cannot, consent that makes these acts a crime.

Types of statutory rape laws:

States where the age of consent is considered a minimum age and sex with anyone under that age is considered a crime.

States that define an age range between the individuals.

Tennessee state law conditions:

It considers statutory rape a criminal act if:

It involves sexual penetration;

The victim is at least 13, but younger than 18; and

The offender is at least 4 years older than the victim.

Tennessee requires that offenders under the age of 18 be tried as juveniles.

Statutory Rape (2 of 2)

Prosecution to reduce teen pregnancy.

Collateral consequences for offenders.

Exception: Romeo and Juliet laws.

3.4. Discuss the different types of sexual assault victims.

Statutory Rape

Prosecution to reduce teen pregnancy:

Several states have increased their prosecution of statutory rape cases in an effort to reduce teen pregnancy and the demand on welfare.

In passing The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), legislators noted a significant increase in the number of unwed teen mothers were more likely to apply for welfare benefits.

Vertical prosecution units generally yield a higher conviction rate because of likely participation of victims.

Mississippi passed a law that requires the collection of DNA from babies born to mothers under the age of 16 in case the evidence is needed in statutory rape criminal cases.

Collateral consequences for offenders:

The increased prosecution of statutory rape cases leads to collateral consequences for offenders.

The conviction of statutory rape requires that offenders to be registered as a sex offender, which can significantly limit academic standing and employment.

The minimum age of consent laws and state registry requirements doesn’t distinguish between two immature high school kids hooking up at a party and a pedophile molesting the toddler next door.

One suggestion is for states to adopt age-gap provisions to their statutory rape laws.

Exception: Romeo and Juliet laws:

Romeo and Juliet laws maintain the age-gap provision but do not include the sexual registry requirement.

In Florida, the offender can petition to have the registration requirement removed if a victim is 14 years old and consented to sexual activity with someone 4 years older.

Yet, many states do not provide exceptions for cases of same-sex statutory rape.

LGBT youth be protected in the same ways under the law, and states should work to close these gaps.

LGBTQ Sexual Violence (1 of 3)

Theories rooted in heterosexist ideology.

Prevalence in LGBTQ population.

National Intimate Partner and Sexual Violence Survey.

Psychological, social challenges of lesbians.

3.4. Discuss the different types of sexual assault victims.

LGBTQ Sexual Violence

Theories rooted in heterosexist ideology:

Much of the existing research on rape and sexual violence involves a man offender and a woman victim.

Many of the theories to explain rape involve the use of violence by men to exert power and control over women.

Our laws, which in many states identify the crime of rape as the unlawful penetration of a penis into a vagina, do not allow for us to legally identify these same-sex cases as rape.

Prevalence in LGBTQ population:

Among bisexual women, 63% report a completed rape or sexual assault, and 21% report an attempted rape of sexual assault.

Two-thirds of lesbian women report sexual violence (49% completed rape/sexual assault and 20% attempted rape/sexual assault).

Racial differences in victimization are also prevalent with Latina and Asian American LGBT women experiencing higher rates of adult sexual violence compared to white women.

Lesbian women are more likely to be abused by a family member.

A significant portion of the LGBTQ population experience some form of sexual victimization.

National Intimate Partner and Sexual Violence Survey:

The survey estimates that 46% of lesbian women and 75% of bisexual women are sexually assaulted in their lifetime.

Similar results are noted for gay men (40%) and men who identify as bisexual (47%).

Transgender women are more than two and a half times more likely to experience sexual violence compared to cis-gender women.

Trans- and cis-gender LGBTQ women are also more likely to be victimized than cis-gender LGBTQ men.

LGBTQ individuals experience sexual violence at significantly higher rates compared to heterosexual individuals.

Psychological, social challenges of lesbians:

Bisexual or lesbian women report higher levels of psychological and social challenges as a result of their victimization.

Dealing with symptoms of post-traumatic stress disorder was the most common psychosocial outcome for all victims, yet women who identified as bisexual or lesbian reported significantly higher levels of PTSD compared to heterosexual women.

Bisexual and lesbian women also report higher levels of problem drinking, drug abuse, and depression, compared to heterosexual women.

Black bisexual women reported higher levels of problem drinking compared to white bisexual women.

LGBTQ Sexual Violence (2 of 3)

Violence in transgendered community.

Underreporting among LGBTQ population.

Inclusive language in criminal statutes.

3.4. Discuss the different types of sexual assault victims.

LGBTQ Sexual Violence

Violence in transgendered community:

The National Center for Transgendered Equality notes that nearly half (47%) of all transgendered individuals are sexually assaulted at some point in their lifetime.

For many transgendered individuals, violence begins at a young age with 13% of individuals reporting sexual violence in K–12 as a result of being transgendered.

Such rates are particularly high for trans women (21%) and crossdressers (18%).

Rates of violence significantly increase for individuals who engage in prostitution and other acts of sex work (72%).

Nearly one quarter (22%) of transgender women arrested for sex work and other criminal violations believed that their identity as transgender influenced the officer’s decision to make an arrest.

Transgendered men and women are significantly more likely to attempt suicide, compared to transgendered individuals who do not have a history of sexual violence.

Underreporting among LGBTQ population:

Only 23.2% of cisgender individuals and 15% of transgendered victims report their victimization to the police.

LGBTQ individuals who report same-sex sexual violence are confronted by homophobic views.

The National Transgender Discrimination Survey found that only 35% of people felt that they would seek out the police for help.

Unfair treatment and sexual assaults by the police in the past can prevent victims from seeking legal remedies and social services.

Many victims state that their cases are mishandled by authorities when reporting crimes to law enforcement.

Inclusive language in criminal statutes:

Federal law states that crimes against someone on the basis of their “actual or perceived gender-related characteristics.

Laws should reflect gender-neutral and inclusive language in their criminal statutes to combat homophobia and transphobia within the criminal justice system.

This could support marginalized victims feel and therefore increase reporting rates.

Police and other agents of the criminal justice system should expand training opportunities to include materials on LGBTQ+ victimization rates and trauma processing.

LGBTQ Sexual Violence (3 of 3)

Dispelling myths about LGBTQ experiences.

Programs need to be adapted.

3.4. Discuss the different types of sexual assault victims.

LGBTQ Sexual Violence

Dispelling myths about LGBTQ experiences:

The simple act of consciousness-raising and dispelling myths about LGBTQ+ experiences with sexual assault can help improve the process for victims.

When university campus climates are more inclusive for LGBTQ+ populations, it can reduce the prevalence of sexual violence for gender-minority populations.

Programs need to be adapted:

Given the unique intersectionality between sexual identity and sexual violence, programs need to consider how programs need to be adapted to deal with these multiple marginalities.

While the recent reauthoritization of the Violence Against Women Act includes provisions for the LGBTQ community, some community service providers express a fear that offering services to the LGBT population could potentially restrict their donations from government or socially conservative individuals and organizations.

These conflicts limit the opportunities to identify same-sex sexual assault as a social problem.

Racial Differences in Sexual Assault (1 of 3)

Different experiences of colored women.

Two issues related to statistics.

Blaming of women of color.

Discrimination on race of perpetrator.

3.5. Discuss how rates and responses to sexual violence differ by race, ethnicity, genderm and identity.

Racial Differences in Sexual Assault

Different experiences of colored women:

Compared to white women, women of color have different experiences of sexual assault.

These differences can be seen in prevalence rates, reporting behaviors, disclosure practices, help-seeking behaviors, and responses by the justice system.

Research indicates that 18% of white women, compared to 19% of Black women, 34% of American Indian/Alaska Native women, and 24% of women who identify as mixed race report a rape or sexual assault during the course of their lifetime.

Two issues related to statistics:

We already know that rape generally is underreported, so it is possible to assume that the true numbers of rape and sexual assault within different races and ethnicities may be significantly higher than these data indicate,

Given the unequal distribution of these statistics by race and ethnicity, it is reasonable to conclude that women of color are victimized at a disproportionate rate compared to their white sisters.

The experience of rape and sexual assault within communities of color is significantly understudied in the scholarly research.

Blaming of women of color:

Black women have been historically misrepresented in the understanding of sexual assault.

From early Western colonization, the sexualization of Black women was used to justify their enslavement, lack of reproductive rights, and their victimization by white men.

Women of color were dismissed by the legal system and were often blamed for tempting white men into such immoral behavior.

Black women were not viewed as legitimate victims and rarely saw their cases brought to justice.

Discrimination on race of perpetrator:

White men were rarely punished under the law, particularly in cases where the victim was a Black woman.

Black men were subjected to a discriminatory system which charged, convicted, and in many cases, sentenced them to death.

Racial Differences in Sexual Assault (2 of 3)

Different experiences of sexual assault.

Rape within American Indian and Alaska Native population (AIAN).

Data on Asian Americans.

Limitations on reporting the incident.

3.5. Discuss how rates and responses to sexual violence differ by race, ethnicity, genderm and identity.

Racial Differences in Sexual Assault

Different experiences of sexual assault:

Black women were significantly more likely to have a weapon used against them during the attack than to white women (42% vs. 16.7%).

The intoxication of the victim and offender varied by race.

White women were more likely to be under the influence of alcohol as were their perpetrators.

The use of illicit drugs prior to the assault was more common among Black victims compared to white victims (28.7% vs. 12.5%).

There were no racial or ethnic differences in the reporting of the assault to police or of the offering or acceptance of counseling resources.

Rape within American Indian and Alaska Native population (AIAN):

Statistics by Tjaden and Thoennes highlight the extreme rates of rape within this population.

The American Indian and Alaska Native population (AIAN) is a small minority in the population.

National Crime Victimization data indicates that compared to other racial and ethnic groups, AIAN women are most likely to experience rape within an intimate partner relationship, versus stranger or acquaintance relationships.

They were more likely to have a weapon used against them and to be physically assaulted as part of the attack.

Alcohol and drugs also play a stronger role in the attacks of AIAN women.

Majority of reports come from people (family, officials, others) on behalf of the AIAN victim rather than the victim herself.

Data on Asian Americans:

Data is limited on the Asian American/Pacific Islander experience with sexual violence.

Women from these communities report lower rates of rape and sexual assault.

Women from these communities are unlikely to believe that rape can occur within a relationship.

Asian American men and women are more likely to engage in victim blaming in cases of rape and sexual assault.

Since Asian American victims are less likely to disclose their victimization, the reporting rates are low.

Many victims also fail to seek support due to feelings of shame.

It can have long-term consequences, such as increases in alcohol use as a way to cope with their victimization.

Limitations on reporting the incident:

Less than half of the women interviewed had disclosed their victimization; they did so to friends or family members within 24 hours.

Most of these women experienced incidents of victim blaming as a result of their disclosure.

As a result of historical personal and cultural experiences with law enforcement, most of these women did not seek out the police to make an official report.

Many of the Black women talked about not reporting as a cultural expectation of keeping their business to themselves.

They also mentioned not wanting to perpetuate additional racist views against members of the African American community, particularly if their assailant was also Black.

Racial Differences in Sexual Assault (3 of 3)

Assumption of being strong Blacks.

Limitations due to cultural expectations.

Stereotypes on hispanic/latino community.

Services from rape-crisis centers.

3.5. Discuss how rates and responses to sexual violence differ by race, ethnicity, genderm and identity.

Racial Differences in Sexual Assault

Assumption of being strong Blacks:

Cultural expectations limited the help seeking for some African American victims.

These women assumed the identity of the “strong Black woman,” which restricted women from seeking out therapeutic resources.

Rather than share their victimization, which could make them appear weak, victims would not disclose their assaults.

The lack of support often led to psychological challenges for many survivors.

Finding someone that they could trust and talk to about their victimization proved to be a healing experience

Limitations due to cultural expectations:

Cultural expectations also can inhibit the official reporting practices of women within the Asian American and Pacific Islander population (AAPI).

There is a high level of distrust of public officials as well as a cultural expectation to keep personal issues in the private sphere.

Many AAPI women fail to understand the definitions of rape and sexual assault.

Concerns over immigration status and language barriers also limit victim reporting.

These same factors also affect the use of therapeutic resources because AAPIs have the lowest utilization of mental health services of any racial or ethnic people of color.

Stereotypes on hispanic/latino community:

Within the hispanic/latino community, Latina women have the highest rates of attempted sexual assault of all ethnic groups.

Stereotypes of Latina women as passionate and sexual women can lead to victim blaming by the victim herself and therefore limits the likelihood that they will report.

It is important for agencies in hispanic/latino communities to dismantle the stereotypes and attitudes that can inhibit reporting and help-seeking behaviors.

hispanic/latina women are more likely to seek out informal resources (68.9%) versus make a report to the police (32.5%).

Informal resources included seeking medical attention (34.7%) and disclosing their victimization to a parent (26.6%).

The rates of disclosure were significantly reduced if the victim had a history of childhood victimization.

Services from rape-crisis centers:

Women of color are less likely to engage in help-seeking behaviors from traditional models of assistance.

They may be hesitant to call rape-crisis centers for fear that these organizations would be unable to understand their experiences.

Many victims may be unaware that such services are available, given the potential language barriers and may turn to sympathetic leaders and women within their own communities.

To increase the accessibility of these services to women of color, services need to be culturally sensitive and address the unique considerations that women of various racial and ethnic identities face as victims of sexual assault.

The Role of Victims in Sexual Assault Cases (1 of 3)

Lack of clarity on rape.

Factors increasing likelihood of reporting.

Reasons for not reporting victimization.

Incarceration rates of rapists.

3.6. Assess the treatment of sexual assault victims by the criminal justice system.

The Role of Victims in Sexual Assault Cases

Lack of clarity on rape:

According to a national survey of college women, 48.8% of women who were victimized did not consider the incident to be rape.

Victims may not understand the legal definition of rape.

Others may be embarrassed and not want others to know.

Some women may not want to identify their attacker as a rapist.

Factors increasing likelihood of reporting:

According to the National Crime Victimization Survey, 33.9% of victims of rape and sexual assault reported their victimization to the police.

Factors that increase the likelihood that a victim will report the crime to the police are injury, concern over contracting HIV, and their identification of the crime as rape.

Reasons for not reporting victimization:

Victims are less likely to report the crime if the offender is a friend or if they were intoxicated.

For college-age women, less than 5% of completed and attempted rapes were reported to the police.

Belief that the incident was not harmful or important enough to report.

Not wanting family members or others to know about the attack.

Concerned that the criminal justice system would not see the it as a serious incident or that there would be insufficient proof for crime.

Incarceration rates of rapists:

Victims who do report their crimes often do so to prevent the crime from happening to others.

Findings from the National Violence Against Women Survey show that only 43% of reported rapes resulted in an arrest.

Only 37% of these cases were prosecuted.

Fewer than half (46.2%) of those prosecuted were convicted, and 76% of those convicted were sentenced to jail or prison.

Only 2.2% of all rapists are incarcerated taking unreported rapes into consideration.

Of those who reported their rape, less than half indicated that they were satisfied with the way their case was handled by the authorities.

The Role of Victims in Sexual Assault Cases (2 of 3)

Withdrawal of cases by victims.

Report to increase community awareness.

Hardships after disclosure.

Long-term physical and emotional needs.

3.6. Assess the treatment of sexual assault victims by the criminal justice system.

The Role of Victims in Sexual Assault Cases

Withdrawal of cases by victims:

It is evident where assault experience does not reflect stereotypical notions of what rape and sexual assault look like to the average individual.

Cases where there are witnesses to the attack are also more likely to encourage victim participation in the criminal justice process, particularly in cases where the witness can corroborate a victim’s story of the assault.

Due to discouragement by the criminal justice process some withdraw their participation, particularly when victims are aware of the low conviction rates.

Report to increase community awareness:

Victims decide to report their assaults in an effort to increase community awareness and attention by the criminal justice system to crimes of sexual violence.

They also acknowledge that the small number of successes in these types of cases may mean that traditional avenues of justice may not be available to them.

Victims talk of wanting to protect future victims from their assailant, even if nothing came of their report personally.

Hardships after disclosure:

Many victims make these reports knowing that people and officials may not respond favorably or that family members may reject them, particularly where the offender is a close relative or family friend.

These are significant hardships that influence many victims to not disclose their victimization.

Some victims believed that reporting the crime helped in their survival because it validated their victimization experience.

Long-term physical and emotional needs:

Victims of rape and sexual assault have both immediate and long-term physical and emotional health needs.

Over half of the victims of sexual assault experience symptoms of posttraumatic stress disorder (PTSD) at some point during their lifetime.

Emotional trauma can lead to significant mental health effects, such as depression, low self-esteem, anxiety, and fear for personal safety.

Women with a history of sexual assault are more likely to attempt suicide and engage in behaviors including risky sexual behaviors with multiple partners, extreme weight loss measures, and substance abuse involving alcohol and illegal drugs.

Women who are victimized by strangers may experience anxiety and fear about their surroundings.

Women assaulted by a family member, acquaintance, or date, may experience issues with trusting people.

Limitations of community services:

They lack adequate resources to effectively combat all needs for victims of sexual assault.

Efforts in help seeking through friends, family members, community agencies, and criminal justice personnel may actually enhance the trauma.

Victims also experience lack of support, judgment, and blame by support networks.

As part of the official processing of the assault as a crime, victims experience further trauma by being forced to relive their trauma.

The Role of Victims in Sexual Assault Cases (3 of 3)

Limitations of community services.

Difficult to prove in court.

3.6. Assess the treatment of sexual assault victims by the criminal justice system.

The Role of Victims in Sexual Assault Cases

Limitations of community services:

Rape crisis movement was developed in response to the perceived need for prevention, community awareness, and amelioration of victims’ pain.

The best community services are limited and lack adequate resources to effectively combat all needs for victims of sexual assault.

Efforts in help seeking through friends, family members, community agencies, and criminal justice personnel may actually enhance the trauma.

Victims also experience lack of support, judgment, and blame by support networks.

As part of the official processing of the assault as a crime, victims experience further trauma by being forced to relive their trauma.

Difficult to prove in court:

Cases of rape and sexual assault can be very difficult to prove in a court of law.

Convictions are rare, and many cases are plea-bargained to a lesser charge.

The acceptance of rape myths by police, prosecutors, judges, and juries limits the punishment of offenders in cases of sexual assault.

The Role for Restorative Justice in Sexual Violence Cases

Opportunities in criminal justice.

Core principles of restorative justice.

Efficacy of restorative justice programming.

3.6. Assess the treatment of sexual assault victims by the criminal justice system.

The Role for Restorative Justice in Sexual Violence Cases

Opportunities in criminal justice:

Restorative justice is an alternative model or justice that provides increased opportunities for victims to have a voice in the criminal justice process.

These victim-centered programs also provide offender-sensitive responses to crime and its resulting trauma.

The modern-day practice for restorative justice began in the 1980’s in New Zealand.

This approach provides an opportunity for victims to describe how the crime impacted them and allows the offender to hear it.

It also can provide offenders with an opportunity to explain their behavior, take responsibility for their actions, and offer an apology to the victim.

Restorative justice is more flexible to the individual needs of the parties involved.

Core principles of restorative justice:

The process must be voluntary, and all sides should come with a commitment to healing and repair.

Statements during the process are to be kept confidential and not used against an individual in a future civil or criminal case.

RJ facilitators should have specialized training in facilitating conferences and addressing specific issues surrounding cases of sexual violence.

Restorative justice conferences require significant preparation for all parties involved.

Efficacy of restorative justice programming:

It shows promising results, particularly in cases of sexual violence.

The restorative justice process may be less likely to result in secondary victimization.

Restorative justice can reduce recidivism.

Participating in vicarious restorative justice programming can have a significant impact on both the victim as well as the offenders.

Being able to hear from a survivor provides an opportunity for perpetrators to hear about how such crimes can impact victims.