This section has demonstrated that from a judicial and legal perspective, consent is intrinsic to the crime of rape. As such, rape is deemed a statutorily and socially situated action. On the contrary, this chapter will now briefly direct attention to the evolutionary biological perspective, which alternatively posits rape as a natural phenomenon associated with evolution.
“Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.”
In “Riding the Bull at Gilleys,” Scully and Marolla depict the psychopathological and the socio-cultural models of rape. The psychopathological model is a representation of what psychotherapist have used for years to explain the reasoning behind rape. With this model, rape is the result of an eccentric mental dysfunction, which symptoms include involuntary and uncontrollable sexual impulses. These sexual impulses may be temporary, repetitive, long lasting or brief. This model also implies that male sexual aggression is abnormal, therefore; psychologists do not seek any other rational explanation. Mainly, the psychopathological model ignores any correlational factors linking male sexual aggression to learned social behavior.
Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.
“Feminism has not prepared them for this,” states Camille Paglia in her essay “Rape: A Bigger Danger than Feminists Know.” The “them” in Paglia’s statement is referring to women, and she is discussing the topic of date rape. Susan Jacoby, on the other hand, writes in her article “Common Decency,” that feminism is not responsible for the rising cases of date rape, but that it is the men who are at fault. Paglia’s argument is insightful and accurate, but Jacoby’s writing is flawed and not well-researched. Paglia includes all rhetorical appeals and persuasive techniques, while Jacoby lacks in some departments of persuasiveness and fills the gap with logical fallacies. Comparing both of these papers will help the reader see why
In the article The Sad Truth About Marital Rape, by Jennifer Gerson Uffalussy written in July of 2015, the main issue relates to the hardships that Lindo Jong in “The Joy Luck Club” suffers through when she was living in China. Lindo Jong finds herself trapped in a loveless marriage dominated by her mother-in-law, in which she must endure to avoid bringing disgrace to her family. So instead of bringing shame to herself, she uses her cunning wits to escape the marriage. One of the particular hardships that Lindo Jong finds herself in, is the everyday fear of being raped by the man she has no love for. In the Non- Fiction article, it explains how Ivana Trump, the ex-wife of Donald Trump had this fear of Lindo’s come to life. Ivana Trump’s claim
“Before the rape I felt good. My life was in order. I was getting ready to get married. Afterward everything changed. I kind of lost who I was as a person…
This essay will be explaining some of the Biological and Cognitive (Social learning Perspective) Psychological Theories and will be critically evaluating Rape as an act of criminal behaviour. The cognitive approach will be focussing on learnt behaviour, cycles of abuse and normalisation of coercive violent sex through early childhood experiences and the biological theory will focus on psychosis and the neurobiological explanations
Many individuals might wonder, what is rape culture? “Rape Culture is an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture. Rape culture is perpetuated through the use of misogynistic language, the objectification of women’s bodies, and the glamorization of sexual violence, thereby creating a society that disregards women’s rights and safety.” Most women limit their behavior because of the existence of rape. (Marshall University)
The prosecution of sexual assault is unlike the prosecution of any other criminal offence. There an intense focus on the character and motivation of the complainant. Traditionally, this focus has translated into a preoccupation with aspects of the complainant 's behavior which is not immediately related to the circumstances of the offence. One example is whether the complainant provided a “recent complaint” after the assault. This focus also results in an extraordinary interest in the demonstration of proof of resistance by the complainant and the corresponding application of force by the perpetrator, though neither is an element of the crime. A proper appreciation of the law in this area requires an understanding of the legal evolution of
Rape is an extremely controversial issue and this notion is supported based on the fact that basic definitions and explanations of rape usually directly correlate with a state's lawful definition of rape. This proves problematic as many people's explanations and definitions of rape are quite different to that of the law. Social science theorists argue that rape is a learned action with which society plays a crucial role, Ellis (1989). Based on this theory it seems only logical to propose that there
A crime in America that is committed all too often is the act of forcible rape. Forcible rape is not a crime only against women. The definition was recently changed to aid in gender neutrality and to account for forcible rapes among same gender (FBI’s Uniform Crime Reporting Program, 2013). Forcible rape in now defined as, according to the FBI’s Uniform Crime Reporting Program (UCR) (2013), “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Although the act of forcible rape is a serious crime, many incidents go unreported for one reason or another. Some reasoning of why a rape may go unreported include, being embarrassed to tell somebody that you were forcibly raped, the victim knew the criminal and is afraid that further injury may occur if they report the incident to the police, or the victim was possibly drugged and was not aware of the situation. I will describe some of the statistics and trends involved with the act of forcible rape, explain some of the reasoning behind why one feels the need to commit forcible rape on another person, how the social learning theory shaped those individuals into the criminals that they are.
Rape has been an ongoing issue within society for centuries. In early times, men raped women for reproductive purposes. Today, it is still believed
The main debate amongst the explanation is the key motivation that drives the offender to commit rape. Previously, majority of social scientists’ perspective of rape is seen as a sexually motivated crime; for instance, males are given the opportunity to fulfil their sexual desires that cannot be met legally, thus
Most people would agree that as you grow up you learn by seeing, feeling ,touching , smelling, and hearing . Albert Bandura supports this by a theory he created called the Social Learning Theory (McLeod, 2011). Social Learning Theory is a theory that explains that behavior is learned by your social environment, interactions and observations of others. With this theory I would say it supports opinion in which I would say that rape is not something somebody just decides one day to do. I believe that rape is learned throughout time. There are many social and even media factors that sometimes may come off with the intention that rape is acceptable. In some media factors they may even perceive that being forcibly raped is pleasurable. Movies tend to do it often and sometimes movies don 't realize that what people see on television can sometimes influence people to see these acts as a norm. For instance the fact that a college kid is in a frat and he 's in a party there is a good percentage that he would reenact what television had stereotype frats boys to do. Television would label the frat boys as potential rapist and the human mind would consider that when you take on that role as a frat boy. One of the biggest media factors all the way from television to the internet that for so many years that perceive rape as acceptable is pornography.
The paper will also look at criminological theories that try to explain rape and also look at how criminological theories can explain the individual who commits the crime of rape. Some of the theories that can explain rape include classical school-deterrence and rational choice theory, sub-cultural theories (Albert Cohen and status frustration), Walter miller’s theory of focal concern and social structure theory.