Rape

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent. Rape is generally considered a serious sex crime, as well as a civil assault.

The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions. The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female. In one survey of women, two percent of respondents who stated they were sexually assaulted said that the assault was perpetrated by a stranger.

When part of a widespread and systematic practice, rape and sexual slavery are recognized as crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted group.

Definitions
Though definitions vary, rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, by one person ("the accused" or "the perpetrator") with or against another person ("the victim") without the consent of the victim.

The term sexual assault is closely related to rape. Some jurisdictions define "rape" to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault. Other jurisdictions define all non-consensual sexual activity to be rape. But the terminology varies, with some places using other terms. For example, Michigan, United States uses the term "criminal sexual conduct". In some jurisdictions, rape is defined in terms of sexual penetration of the victim, which may include penetration with objects, rather than body parts. Some jurisdictions also consider rape to include the use of sexual organs of one or both of the parties, such as oral copulation and masturbation.

In recent years, women have been convicted of raping or sexually assaulting men; for example, by the use of an object or when the man is below the statutory age of consent. Also, in recent years women have also been convicted of rape or sexual assault by procuring a man to rape another woman, and by being an accomplice to a rape.

Consent
In any allegation of rape, the absence of consent to sexual intercourse on the part of the victim is critical. Consent need not be express, and may be implied from the context and from the relationship of the parties, but the absence of objection does not of itself constitute consent.

Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent. Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. Even blackmail may constitute duress. The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word consent. It defined rape as: "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."

Valid consent is also lacking if the victim lacks an actual capacity to give consent, as in the case of a victim with a mental impairment or developmental disability.

Consent can always be withdrawn at any time, so that any further sexual activity after the withdrawal of consent constitutes rape.

The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations. (See age of consent.) Such cases are sometimes called statutory rape or "unlawful sexual intercourse", regardless of whether it was consensual or not.

In times gone by and in many countries still today marriage is said to constitute at least an implied consent to sexual intercourse. However, marriage in many countries today is no longer a defence to rape or assault. In some jurisdictions, a person cannot be found guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock). However, in many of those jurisdictions it is still possible to bring prosecutions for what is effectively rape by characterizing it as an assault.

Motivation
There is no single theory that conclusively explains the motivation for rape; the motives of rapists can be multi-factorial and are subject to debate. Conventional wisdom holds that three primary emotions motivate rapists: anger, power and sadism. However, sexual gratification and evolutionary pressures are also theorized as factors.

Types
There are several types of rape, generally categorized by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. Different types of rape include but are not limited to: date rape, gang rape, marital rape or spousal rape, prison rape, acquaintance rape, war rape and statutory rape.

Statistics
A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.

According to United States Department of Justice document Criminal Victimization in the United States, there were overall 191,670 victims of rape or sexual assault reported in 2005. Only 16% of rapes and sexual assaults are reported to the police (Rape in America: A Report to the Nation. 1992). 1 of 6 U.S. women has experienced an attempted or completed rape.

Some types of rape are excluded from official reports altogether, (the FBI's definition for example excludes all rapes except forcible rapes of females), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police do not advance to prosecution.

U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male, with 99% of the offenders being male. Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."

In the United States, according to the National Crime Victimization Survey, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 to about 0.4 per 1000 people, a decline of about 85%. But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a higher victimization rate.

Cundiff (2004) argued that the inavailability of another outlet for male sexual desires, such as prostitution, may contribute to the prevalence of rape.

The research on convicted rapists has found several important motivational factors in the sexual aggression of males. Those motivational factors repeatedly implicated are having anger at women and having the need to control or dominate them. In a study, Marshall et al. (2001) found that male rapists had less empathy toward women that had been sexually assaulted by an unknown assailant and more hostility toward women than other males. Freund et al. (1983) stated that most rapists do not have a preference for rape over consensual sex. Marshall et al. (1991) stated that there are no significant differences between the arousal patterns of male rapists and other males.

From 2000-2005, 59% of rapes were not reported to law enforcement. One factor relating to this is misconception that most rapes are committed by strangers. In reality, according to the Bureau of Justice Statistics, 38% of victims were raped by a friend or acquaintance, 28% by "an intimate" and 7% by another relative, and 26% were committed by a stranger to the victim. About four out of ten sexual assaults take place at the victim's own home.

False accusation
The extents of false reporting and false accusations are disputed. A.W. Burgess and R.R. Hazelwood state that "little is published which addresses the issue and concept of false allegation", asserting that classification of "false reporting" generally makes no distinction between complainants who wilfully misreport and complainants who mistakenly identify innocent people. The journalist Dick Haws discusses cases in which figures on false reporting used by journalists have ranged from 2% to 50% depending on their sources: "'... one explanation for such a wide range in the statistics might simply be that they come from different studies of different populations... But there's also a strong political tilt to the debate. A low number would undercut a belief about rape as being as old as the story of Joseph and Potiphar's wife: that some women, out of shame or vengeance ... claim that their consensual encounters or rebuffed advances were rapes. If the number is high, on the other hand, advocates for women who have been raped worry it may also taint the credibility of the genuine victims of sexual assault.'" Michelle J. Anderson of the Villanova University School of Law states: "As a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown." The FBI's 1996 Uniform Crime Report states that 8% of reports of forcible rape were determined to be unfounded upon investigation, but that percentage does not include cases where an accuser fails or refuses to cooperate in an investigation or drops the charges. A British study using a similar methodology that does not include the accusers who drop out of the justice process found a false reporting rate of 8% as well. DiCanio (1993) states that while researchers and prosecutors do not agree on the exact percentage of false allegations, they generally agree on a range of two to eight percent.

In 1994, Dr. Eugene J. Kanin of Purdue University investigated the incidences of false rape allegations made to the police in one small urban community between 1978 and 1987. He states that unlike those in many larger jurisdictions, this police department had the resources to "seriously record and pursue to closure all rape complaints, regardless of their merits." He further states each investigation "always involves a serious offer to polygraph the complainants and the suspects." and "the complainant must admit that no rape had occurred. She is the sole agent who can say that the rape charge is false." The falseness of the allegations was not decided by the police, Dr. Kanin, nor upon physical or testimonial evidence. The number of false rape allegations in the studied period was 45; this was 41% of the 109 total complaints filed in this period.

A 2006 paper by N.S. Rumney in the Cambridge Law Journal provided an exhaustive account of studies of false reporting in the USA, New Zealand and the UK. A tabulated list of studies on false reporting published between 1968 and 2005 placed the percentage of false reports between a minimum on 1.5% (Theilade and Thomsen, 1986) and a maximum of 90% (Stewart, 1981). Rumney notes that early researchers tended to accept uncritically Freudian theories which purported to explain the prevalence of false allegations, while in more recent literature there has been "a lack of critical analysis of those who claim a low false reporting rate and the uncritical adoption of unreliable research findings" (p.157). Rumney concludes that "as a consequence of such deficiencies within legal scholarship, factual claims have been repeatedly made that have only limited empirical support. This suggests widespread analytical failure on the part of legal scholarship and requires an acknowledgment of the weakness of assumptions that have been constructed on unreliable research evidence."

According to a 2005 U.S. Defense Department Inspector General report, approximately 73% of women and 72% of men at the military service academies believe that false accusations of sexual assault are a problem.

Taylor (1987) wrote that "suspicion and disbelief of women who charge men with rape have for centuries had a stranglehold on [...] laws nominally designed to protect women against rape. As a result, many women did not report or prosecute rapes because the process was so often humiliating."

Widely reported examples of false accusations of rape include those of Mabel Hallam, Victoria Price and Ruby Bates, Tawana Brawley and Crystal Gail Mangum.

US rape statistics
Though people tend to assume otherwise, rape by a stranger is by far the least common form of rape.

Rape of women by men, by perpetrator

Rape of men by women, by perpetrator

Drug, especially alcohol, use is frequently involved in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking were 29% of all rapes.

Contrary to widespread belief, rape outdoors is rare. Over two thirds of all rapes occur in someone's home. 30.9% occur in the perpetrators' homes, 26.6% in the victims' homes and 10.1% in homes shared by the victim and perpetrator. 7.2% occur at parties, 7.2% in vehicles, 3.6% outdoors and 2.2% in bars.

Most rape research and reporting to date has been limited to male-female forms of rape. Research on male-male and female-male is beginning to be done. However, almost no research has been done on female-female rape, though women can be charged with rape.

US rape statistics(interracial)
In the United States in 2005, 37,460 white females were sexually assaulted or raped by a black man.

In the United States in 2005, 0.0  black females were sexually assaulted or raped by a white man.


 * U.S.D.O.J. report Criminal Victimization in the United States, 2005(Table 42)

Effects on victims
Victims of rape can be severely traumatized by the assault and may have difficulty functioning as well as they had been used to prior to the assault, with disruption of concentration, sleeping patterns and eating habits, for example. They may feel jumpy or be on edge. After being raped it is common for the victim to experience Acute Stress Disorder, including symptoms similar to those of posttraumatic stress disorder, such as intense, sometimes unpredictable, emotions, and they may find it hard to deal with their memories of the event. In the months immediately following the assault these problems may be severe and very upsetting and may prevent the victim from revealing their ordeal to friends or family, or seeking police or medical assistance. Additional symptoms of Acute Stress Disorder include:


 * depersonalization or dissociation (feeling numb and detached, like being in a daze or a dream, or feeling that the world is strange and unreal)
 * difficulty remembering important parts of the assault
 * reliving the assault through repeated thoughts, memories, or nightmares
 * avoidance of things, places, thoughts, and/or feelings that remind the victim of the assault
 * anxiety or increased arousal (difficulty sleeping, concentrating, etc.)
 * avoidance of social life or place of rape

For one-third to one-half of the victims, these symptoms continue beyond the first few months and meet the conditions for the diagnosis of posttraumatic stress disorder. (See also Significant Emotional Event.) In general, rape and sexual assault are among the most common causes of PTSD in women.

Victim blame
"Victim blaming" is holding the victim of a crime to be in whole or in part responsible for the crime. In the context of rape, this concept refers to the Just World Theory and popular attitudes that certain victim behaviours (such as flirting, or wearing sexually-provocative clothing) may encourage rape. In extreme cases, victims are said to have "asked for it", simply by not behaving demurely. In most Western countries, the defense of provocation is not accepted as a mitigation for rape. A global survey of attitudes toward sexual violence by the Global Forum for Health Research shows that victim-blaming concepts are at least partially accepted in many countries. In some countries, victim-blaming is more common, and women who have been raped are sometimes deemed to have behaved improperly. Often, these are countries where there is a significant social divide between the freedoms and status afforded to men and women. Amy M. Buddie & Arthur G. Miller in a review of studies of "rape myths" note that,

"Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed."

However they also note that "individuals may endorse rape myths and at the same time recognize the negative effects of rape."

Sociobiological perspectives
Some argue that rape, as a reproductive strategy, is encountered in many instances in the animal kingdom (i.e: ducks, geese, and certain dolphin species). It is difficult to determine what constitutes rape among animals, as the lack of informed consent defines rape among humans. See also Non-human animal sexuality.

Some sociobiologists argue that our ability to understand rape, and thereby prevent it, is severely compromised because its basis in human evolution has been ignored. Some studies indicate that it is an evolutionary strategy for certain males who lack the ability to persuade the female by non-violent means to pass on their genes.

American social critic Camille Paglia, and some sociobiologists, have argued that the victim-blaming intuition may have a non-psychological component in some cases. Some sociobiological models suggest that it may be genetically-ingrained for certain men and women to allow themselves to be more vulnerable to rape, and that this may be a biological feature of members of the species.

Criminal punishment in the United States
In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U.S.-flagged merchant vessels in international waters, or a U.S. military base. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.

Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. The term rape is not used in federal law. Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code.

Under federal law the punishment for rape can range from a fine to the death penalty. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used in the to override consent. If the perpetrator is a repeat offender the maximum sentence is automatically doubled.

Different categorizations and maximum punishments for rape under federal law