Can a husband rape his wife? I find myself amazed by the number of people who believe that they can’t. It seems, the common mindset is that when a man and woman marry, the woman somehow become the man’s property, for him to do with what he wants, whenever he wants, regardless of her feelings. Well, I disagree completely and feel it is my duty as a past victim of spousal rape, to set the record straight that rape is rape, regardless of marital status just as murder is murder regardless of marital or relationship status. I will define the legal definition of spousal/marital rape, briefly discuss the history, point out the differences in requirements and punishments for rape vs. spousal rape, and finally describe the effects spousal rape …show more content…
As a result of the women’s movement, on July 5, 1993, spousal rape became a crime in all 50 states, under at least one section of the sexual offenses code (crisisconnection.org). In 17 states and the District of Columbia, there are no exemptions from rape prosecution given to husbands (crisisconnection.org). However, in 33 states there are still exemptions given to husbands from rape prosecution which demonstrates that rape in marriage is somehow still considered a lesser offense than other types of rape.
Some examples of the differences in treatment of rape of a spouse from that of a non-spousal rape include: a shorter reporting period for spousal rape (depending on the state, 30 days, 90 days or 1 year, as opposed to at least 3 years for non-spousal rape), the previously mentioned requirement of the presence of force or injury, and in some states, the requirement that the victim must be living separate from the offender for it to qualify as a crime. Not surprisingly, the punishment for a spousal rape also differs from that of a non-spousal rape. For example, rape of a spouse by force or deadly weapon is considered a felony, and is punishable by two to ten years in jail. However, the same acts against a person who is not the spouse of the offender results in a sentence of ten to thirty-five years (ncvc.org). Just imagine if these double standards were placed on other crimes, such as murder, child molestation, assault, etc. It paints a pretty scary
“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.”
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.
On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men. 1 in 3 women and 1 in 4 men have been victims of some form of physical violence by an intimate partner within their lifetime. When judges come across domestic violence cases, they are often frowned upon. Because we live in a world there are huge double standards when it comes to domestic violence and our men are on the bad end of the deal. When a man commits domestic violence he is punished very harshly. But when a woman commits domestic violence she gets cheers, chuckles or is all too often ignored.
The perspective offered by such longitudinal data sheds remarkable light on the "problem" of statutory rape, identifying for us key markers, as well as key actors, in the history of the law's enforcement and helping us to understand their roles in constructing the meaning of this crime over successive generations. ... The statutory rape codes have been used at various times to reinforce fathers' interests in their daughters' marriageability, to protect young women's chastity from seductive men, to control promiscuous or disease-laden adolescent females, to enhance child support collection efforts, to reduce teenage pregnancy, and to identify and punish sexual exploitation of teenagers. ... Given the constant state of jockeying, compromise and
The topic of sexual assault has always been a tough subject to discuss because it is a heinous crime that can and has happened to men, women, young and old. It is a topic that is disturbing and heart wrenching, especially when involving children. In the past few years, our media outlets have captured the images and stories on sexual assault, focusing mainly on College Institutions and how sexual assault cases have been handled within those institutions. Sexual assault is a very important topic to discuss, since this can happen to anyone you know, man or woman, adult or child, or yourself. This paper will touch on the different types of sexual assault, stigma of sexual assault, treatment of sexual assault, and understanding the perpetrator. There will be a brief discussion of the current social issue of college campus sexual assault. Sexual assault is such a wide topic with many areas to discuss, but this paper will outline the basic understanding of sexual assault and what can be done to overcome this stigma of sexual assault and how we can help the victims/survivors.
The creation of Tennessee’s rape shield law was enacted as a response to the outdated and sexist views that women that engaged in sexual activity in their past were more than likely to have consented to have sex with an accused defendant in a rape case (Rape and Sexual Assault, 2010). Subsequently, as a result of these beliefs, many women fail to report their rapes for fear of being judged prejudicially based on their reputation, previous behaviors, thus resulting in their re-victimization in court. Additionally, the protections provided under Tennessee’s Rape Shield Law acknowledged that parts of the victim’s sexual history may be irrelevant to their current case; therefore rape shield laws limited the use of a victim’s prior sexual history
The basic concept behind this assumption lies in the fiction that the wife is considered to have given her irrevocable consent to have sexual intercourse with her husband at the time of the marriage and hence the husband cannot be held guilty of sexual assault, which he may commit upon his wife.
The term rape is defined as an ‘unlawful sexual intercourse by force, and without legal or factual consent’ by Gennaro Vito, Jeffrey Maahs and Ronald Holmes (2006) in ‘Criminology: Theory, Research and Policy’ (Vito, Maahs, and Holmes, 2006: p. 280). Rape can be in the form of the penis penetrating the vagina, oral, anal and an assault using a foreign object. However, there have been many controversies of what is rape and the use of force that is required. Several researchers, practitioners, legal jurisdiction, as well as, a few rape statutes involving coercive rape rely on the use of force as part of evidence in their definition (Vito, Maahs, and Holmes, 2006: p. 280). Rape can occur both in men and women, however, most accounts of rape indicate that majority of men are perpetrators and women are the victims. This essay will discuss the gender differences of rape victims and the connection of feminist criminology and labelling theory, and stigmatisation; as followed with case studies that are relevant with both theories.
America has a proud history of being a country that has many different ethnicities and cultures living within its borders. But one of the most prevalent cultures is one that transcends race or country of origin, rape culture. The term used by modern day feminist and gender activist defines a culture which normalizes rape and sexual assaults because of the deeply rooted societal attitudes towards gender and sexuality. In a rape culture the instances of rape are accepted as everyday occurrences and even as the prerogative of men, resulting in the stigmatization and blame placing of rape victims. Although the phrase “rape culture” is relatively modern, the
First important thing I learn from Heather Patterson's lecture was the fact that, rape is a specific type of sexual assault. There are many other types of sexual assaults that do not necessarily involve sexual penetration. It is any sexual act that is nonconsensual. This is important to me because I can recall sexually assaulted by someone and not knowing what it was. If I have known beforehand, I could’ve prevented it or taken action against it. Another thing I learn was that it is not only women who are victims of rape. Men can also be victims. It is important to know that because society tend to take rape against men lightly because men are viewed as stronger than women which means they cannot be possibly raped by another woman. This forms
I choose this topic because sexual assault is one of the most offensive crimes committed in our society. Not only is it a threat to the community, but it has a physically and psychologically effect on the victim in many ways. For the last couple of decades, sexual assault, rape, and child molestation has become the focal point of public concerns today. According to a 1993 National Crime Victimization Survey conducted by the U.S. Department of Justice, about 500,000 rapes or sexual assaults occur each year (Statistics, March 2010). The Department of Justice states that, “rape crimes have risen nearly three times as fast as the total crime rate”, although other studies have shown statistics that are in
Tom sat on the sofa, his shoulders hunched forward, his eyes staring listlessly into space. In his hands, a forgotten cup of coffee trembled violently, the lukewarm liquid spilling over his fingers. He hadn’t uttered a single word since his impassioned attempt to justify Booker’s assault, and as the minutes ticked by, his silence only added to Doug’s concerns. Although not an expert, as a cop, Penhall understood about trauma, and fearing his friend was going into shock, he made the decision to call 911. With an ambulance on its way, he dialed a second number, and after a brief conversation, he hung up. Turning his attention to Tom, he wondered how to proceed. While he wanted to offer comfort, he honestly did not know what to say. How did you console the victim of sexual assault when the perpetrator was a trusted colleague you worked side by side with day in day out? He was out of his depth and terrified of making matters worse, but he knew he needed to do something other than making a cup of coffee, and approaching Tom, he squatted down and laid a hand on his knee. “How ya doin’, buddy?”
Historically, domestic violence on females has evolved drastically. It used to be a norm for women to be objects of their fathers or husbands and lacked civil rights. In many cultures, domestic violence was not preceded as a crime. According to Marcia Chaiken’s article “Domestic Violence and Criminal Justice,” she explains the history of violence against women and how it has evolved through the centuries. Chaiken states how women experience physical and sexual violence by their intimate partners which leave harmful effects on mental and physical health, and their ability to live healthy and productive lives. In the past, men had the right to use physical force against their wives and forcing sex was considered a private relational problem. Forcing sex was sought as romance back in the day, not rape. Religions generally discouraged the act of physical abuse within relationships, but women had to obey the men because they lived under his roof. A common perception of the past was that a man’s home was inviolate and authorities cannot interfere with relationships. Around the 1960s, women
Spousal Abuse is a rising issue today in the United States. Spousal Abuse affects individuals of all social classes and gender and both males and females are victims of spousal abuse. Abuse of men is not a topic commonly known or discussed in our society as easily as abuse of females for various reasons. However it is a topic that needs to be examined so men who are being abused know they are not alone and society treats it as problem and not over look it. Bedsides the individuals directly involved it also affects children, other family members and friends that surround them.
College-age adults are known to be high risk for sexual violence and most studies show that one in three women have experiences some type of sexual assault whether it was through physical force or harassment. These statics are known by most women on college campuses to ensure that women know and understand that this could happen to them. The issue is more than ensuring that women are aware of how protect themselves and know how to avoid these situations because it shouldn’t even be happening. When women are taught that they should know how to defend themselves we are saying that this type of behavior is normal and inevitable. We should shift from this dynamic and start teaching both men and women that this behavior is completely unacceptable and that sexually assaulting or harassing someone is NOT normal. This paper will mostly focus on incidents of rape and sexual assault on college campuses and what the outcome and reactions of these incidents were.