Marital Rape Exemption And The Fourteenth Amendment

Rape can also happen in a committed relationship. If a spouse forces the other to perform acts they are not willing to do, then it is still considered rape. Secondly, if someone doesn’t defend themselves during an attack it is not because they are “consenting”; this is most likely due to their body being in shock from the experience and cannot respond.

Rape, as defined by the Uniform Crime Reporting Program in 2011, is “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.” This differs from the previous definition of rape, “first established in 1927, ‘the carnal knowledge of a female, forcibly and against her will.’ It thus included only forcible male penile

The history of rape is a rather bleak one. For as long as America has been America, the subject of rape has been sketchy at best. For much of the United States history, a person, preferable a white male, could legally own another human. This right didn’t just include African American males and females but also white women in the form of marriage. In fact, it wasn’t until quite recently that a man could legally rape his own wife. According to the Federal Bureau of Investigation website, the former definition of was, “The carnal knowledge of a female forcibly and against her will.” (www.fbi.gov) this definition excluded many criminal offenses including the rape of a man’s wife, male rapes, and oral and object penetration. The new definition

A male rape victim is not considered a rape victim under S375(1) of Penal Code.

17.7 million: The number of women who have been involved in attempted or completed rape. 293,066: The number of rapes in the U.S. a year. 284,275: The number of sexual offences that result in no conviction or jail time. 49,013: The number of repeat offenders still on the streets, most committing around 6 rapes. 4,000-17,000: The range of pregnancies resulting from rape. 107: The number of seconds between rapes in the U.S. 35: the percentage of men that would rape if they knew they could get away with it. 3: The number of rapes, out of 100, that will result in any prison time at all. 1: the number of likely victims that will seek help or justice for what happened. The statistics show that a woman is more at risk of sexual assault in the U.S. than in any other developed nation. The United States has one of the highest rape rates in the world. Yet there are still those out there that don’t believe that rape actually exists. Victims of rape are forced into a societal confinement that encapsulates them in their own self solitude.

There is a misperception that one cannot be charged for a sexual crime against their spouse. That is not true. In almost every state, the sexual assault laws have been extended to cover spousal sexual abuse. It can no longer be accepted at face-value that the sex act between married couples did not involve sexual abuse. If the spouse refused to participate in the sex act and was forced to have sex under a threat, or fear of bodily harm, this will be considered sexual abuse and if reported, the perpetrator can be charged.

According to the DOJ, sexual assault is any type of sexual contact that happens without consent. That could be forced sexual intercourse,

Legally, the definition for sexual assault differs widely by the political and geographical standpoint of the allegation. This is because sexual assault is an umbrella term for any sexual misconduct that may occur without the victim’s consent; such as rape (forced, non-consensual penetration), attempted rape, unwanted sexual groping, forced kissing, or torture in a sexual manner. However, this definition varies considerably by state. Even though they all share basic elements the prosecution of any of these instances differ greatly by state, community, institution, and campus.

Domestic violence is a pattern of physical, psychological, sexual abuse and the controlling of behavior in a relationship. When domestic violence occurs, three different type of abuse can take place. The first type of violence is physical violence. Physical violence take place when a partner is intended to cause physical injure to their partner, physical violence include baiting, kicking, punching or slapping and among others. The second type is the psychological or emotional abuse is based on the partner consistently saying or doing things too emotionally to harm others. The third type is sexual abuse. Sexual abuse is when someone forces you to have sex with and that person do not want to have sex. In the article “Black Women at Greater Risk of Becoming Victims of Homicidal Domestic Violence” by Selwyn Crawford. The article is about black females been victimized of domestic violence. Also the author compare domestic violence in other race. Crawford (2013) stated that black women are three time more likely to get kill in a domestic dispute than other racial

Rape is defined as “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” (Uniform Crime

Multiple types of assault are experienced by women. Sexual assault could be any type of sexual act that is forced. This also includes attempted rape and child molestation. Any time a woman does not consent to the act, it is sexual assault. This assault includes voyeurism--which is when someone watches a private act--and exhibitionism--which is when a man or woman exposes themselves in public. Incest is also included in sexual assault (“Sexual Abuse and Assault”). Women are exposed to every type of sexual assault, whether they realize it or not.

Sexual Assault is the legal term for rape. Recent studies and statistics show that, today, rape is said to be one of the most violent crimes on American campuses (Samson 1). So what exactly is sexual assault? And how is it related to Consent? Boston College, a catholic research college locate in the Chestnut Hill Village in Massachusetts, defined sexual assault as “any sexual penetration or sexual contact with another individual without consent” (Boston College 2). The policy also included a definition of consent that said “Consent is the clear and voluntary agreement to engage in particular sexual activity, communicated through mutually understandable words or actions” (Boston College 2). The policy clearly states that without consent any act of sexual intercourse is

     Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.

In other cultures, rape is a way of marrying the women of your choice. “Marriage by capture” practiced in Hmong culture. Hmong men simply pick a girl, take her to their home and rape her, then they are considered married. To Americans, that is a horrifying idea, but for the Hmong people it is a cultural norm. In America, it is a serious form of socially deviant behavior.

Rape, or forcible sexual intercourse without consent from both parties, may involve physical violence, threats, and verbal abuse to intimidate and violate one person's body. Rape is considered a federal offense in the Western world. A perpetrator committed in the act of forcible intercourse is known as a rapist. According to the American Medical Association, rape