On a college campus, a young female slowly returns to her dormitory a few hours before sunrise. She is a college freshman and she is embarrassed and confused. Late last night, she attended a party where alcohol flowed freely, the music blared and young men and women unabashedly flirted through the night. She vaguely remembers a young man guiding her up the stairs to a secluded room. She begins to cry as she reassures herself that she said the word no multiple times and physically attempted to stop the young man from stripping the clothes from her body and sexually assaulting her. She questions how she let this happen. After all, only months ago she was attending her high school graduation and weeks ago her parents were helping her move her
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
The target of this book is about the rapes committed by the UM football team and/or UM students and how the justice system failed to prosecute
who commit a sexual offence while 90% are women who are the victims to above-mentioned assault (Brennan & Taylor-Butts, 2008: 10).
This number would decrease greatly if most statutory rape cases weren't considered a type of sexual crime in the first place. Twenty-three percent of sexual assaults are committed by a person who has an intimate relationship with the victim. There are cases of spousal rape, but they usually only occur between married couples. In most intimate relationships the parties involved both consent to sexual activity. So, if two consenting parties engage in sexual intercourse, why should it be considered a crime. An example is a college student in a relationship with a high school girl, was charged in August 2011 with three counts of unlawful sex with a minor and three counts of oral copulation on a person under age 18. He said the case put him in jail for 12 days, cost him a job at FedEx and forced him to take a semester off school. Around Antioch, he said, he was treated as if he were already a convicted sex offender. "That's not who I am, that's not who I was raised to be," he said. The girl told the officer she thought the sex was legal and that it was only a crime if her partner was at least five years older. She didn't want him to be prosecuted, Public Defender Robin Lipetzky said. Charging this young man for an action that was consensual is not
On February 2nd, 2016 at approximately 10:00 AM, I, Investigator James Poffel was assigned a case regarding a rape report of a juvenile (Avianna Walker). that had occurred approximately 2-3 months prior. The Department of Human Services case worker Briana Hull was the reporting party. Briana called to file the police report after she learned this information through an investigation on a separate matter.
National Incident-Based Reporting System (NIBRS) rape is no longer defined as “The carnal knowledge of a female forcibly and against her will” but is now defined as the “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex
The topic that we talked about in the class, Sex Crimes and the Law that really interested me was the topic of rape. After having the guest speaker that was a Temple student really bothered me and I thought about it for days. For starters, I think it is absolutely scary that she was rapped on Temple University’s campus, to be exact in Peabody hall and absolutely nothing was done to help her. This is bothering me the most because I am a Temple student, this happened in her own room, no one helped her, and her rapist is still out there. I feel horrible that no one even tried to help and most people even made it seem like it was her fault by saying things such as “you know you wanted it”. No one wants to be rapped and the victim should never be to blame. This poor girl tried to kill herself multiple times. I believe that no one should go through this trauma alone or even go through it at all. Since our guest speaker, I have gone on a binge of watching Law & Order: SVU and even through about becoming a special victim unit detective for my career. Another reason that the topic of rapped bothered me was because just recently one of my friends came out and said that she was raped by her boyfriend. No one even knew this happened until she made it public on Facebook. For the longest time she was drawn back and really did not hang out with the group and now I know why. The guest speaker really helped me to understand, just to be there for her. When she wants to talk she will and not
In the United States and across the world, rape and sexual assault are becoming common. Each year anywhere from 300,000 to 1,300,000 instances of rape or sexual assault take place, but only about three percent of rapists are imprisoned for their crimes (Chemaly). In the United States, every two minutes a person is raped or sexually assaulted (“Statistics”). It is estimated that one in five women will be raped in her life (Chemaly). These numbers are only estimates, and the last is likely conservative because about 54 percent of victims choose not to report the crime (Chemaly). Why? The decision to report is personal for each survivor of assault; however, more often than not, there is an external influence—rape culture.
Sexual intercourse plays the most important role in keeping humankind alive, yet it is violated severely through prostitution, pornography, premarital sex, adultery, masturbation, and the worst offense of all: rape. Despite rape being a grave violation of the human body through force of sexual action without consent, the judicial branch of the United States government seems to have no care in the matter whatsoever. The people of our generation seem only to care about this curse when it directly affects them. Somehow, we allow these monsters little to no jail time for their crimes, usually due to the fact that they attempt to make it about themselves and that, “They were the real victims”. Society’s views regarding rape are so distorted, we end up blaming those who are raped for the action instead of shaming the real culprits. However, any reasonable human can understand the concept of “consequences for their actions”,whereas if they do not want to serve time in prison, then they shouldn’t commit the crime. The fact of the matter is, there is no such thing as a good person that commits rape, anyone who does so is an abomination to society. Therefore, the
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act maybe carried out by force, under threat, or with a person who is incapable with valid consent. The definition of rape varies both in different parts of the world and at different times in history. According to the American Medical Association, sexual violence, and rape in particular, is considered the most under-reported violent crime. When part of a widespread and systematic practice, rape and sexual slavery are recognized as crimes against humanity and war crimes.
As reported by, feminist criminologists, their perspective of rape and sexual assault differ between liberal and radical feminists. Liberal feminists’ viewpoint in regards of rape as a gender-neutral assault on a persons’ autonomy and mainly focusing on the harm that rape can do to an individual. In contrast, radical feminists describe rape as a subject to be recognised and understood as a major pillar of patriarchy; a social system in which men claim the positions of dominance and control of the central norms and values that are linked with masculinity (Johnson, 2005: p. 4-15). The radical feminists believe that rape is a patriarchal structure within male power, thus displaying the harms that rape can do to an individual and as a group of women. Furthermore, the radical feminists approach view rape as male have the control and authority over the use of women’s bodies, which involves the sexual and reproductive. Hence, this is the core element of patriarchy, Radical feminist believe that rape is one of many forms that connects men’s sexual exploitation and violence, as well as, reinforcing women’s oppression (Whisnant, 2013).
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.
When it comes to the word Deviance or Deviant, this means that any action or behavior that is considered unacceptable to society as a whole. The meaning of being raped is where the rapist forces sex upon their victim of the rapists choosing. Rape is a type of sexual behavior that is considered a deviant act that is unacceptable to society. At least, unacceptable in the United States since committing this type of criminal deviant act could result in being arrested if caught. Being the victim of this deviant act can happen to anyone, at any age all around the world. The deviant individual that rapes their victim often rapes for a sense of control and power. Perhaps, the deviant individual rapes their victim because of an obsession towards the victim that could eventually lead the rapist to a rage of violence to rape their victim the rapist is obsessed with. However, when it comes to society there seems to be a trend to blame the victims (women) for being raped because of either how they act, behave or dress.