The law represents that rape is having sexual relationships unwilling with a minor under the age of eighteen. Committing this crime with a child the age of eighteen or younger, is punishable with imprisonment in state prison. The amount of individuals serving time for statutory rape in jails today has truly a huge contrast between the amounts of male prisoners serving under rape assault compared to women. According to RAINN (Rape, Abuse, Incest, National, Network) “One out of every six women has been victimized of sexual assault and 3% out of 33% men have been as well” (RAINN). There are not really any women reported or sued for the same wrongdoing. The law does hold the same punishment for both genders, however; in some cases in today’s …show more content…
The study of victimology seeks to mitigate the perception of victims as responsible. Why do women lie about rape? No one really knows why certain women make false accusations, but according to Jaurune Uwajaren article “3 reasons why assuming women are often “crying” rape prevents most survivors from getting justice” writes “Feminists are well-aware of the fact that there are many morally inept women out there who make false allegations of rape” (Uwajaren). This proves that women are making false rape accusations against men today. The number one reason why women lie about rape is because no one is going to believe that a women would lie about an awful event occurring. Uwajaren also writes “Overemphazing the fact that some women accuse men of rape hurts the credibility of the greater number of women that report rape because women tend to focus on women getting justice of rape rather than men” (Uwajaren). Unfortunately, this is true. There is a 21% to 41% chance a women is lying about rape when they first walk into a police station. Women lie all the time and especially about their identities because they are afraid of letting someone know who they really are or if they’re worried about someone finding out something about them or their past. There was a case in 2009 where a lady named Nicola Osborne accused an innocent man of rape because she was scared of what her husband
Statutory rape laws assume that a person is not capable of consenting sex. Even if a person consents the law of sex assume that they do not have the capacity to consent. statutory rape is different from child molestation as there is not force. Marriage is excluded from the law as an older individual is able to marry someone who is under age as long they obtain consent from their parents. Andre clark discussion of california’s statutory rape laws demonstrates the distinctions made for marriage in the law as statutory rape is described as an ‘’act of sexual intercourse intercourse accomplished with a female not the wife of the perpetrator, where the female in under the age of 18 years’’ (P.1933). Statutory rape laws can also serve to protect those who are mentally incapacitated and be may be at a developmental age lower than their actual age however this can be difficult to prove. While statutory rape laws are currently in place to protect minors
As said before, many of these victims know their rapist but also they cannot help but wonder what brought this type of behavior on? Many people today say the way a woman dresses can be a huge factor on why she got raped or sexually assaulted; others say that getting drunk puts woman or men at risk and can result in that drunk person consenting to sex but not really meaning it due to the fact that they are not in the right frame of mind (Burgess, A.W., Regehr, C., & Roberts, A.R. 2013). Therefore, someone can easily take advantage of the situation and you. But for many rapists those are just excuses to get what they want, rape for them is not just about sex but control and power over someone, they need that power to feel good about themselves. A study actually show that most men who do commit rape are
http://www.safehorizon.org/page/rape--sexual-assault-54.html?gclid=CMDFiLTfrswCFQmSaQodtvMEWQ "Rape & Sexual Assault. " Safe Horizon. Web. 29 Apr. 2016. This website gives you the definition of sexual assault and rape.
Bibliography Baaz, M. and Stern, M. (2009) " Why Do Soldiers Rape? Masculinity, Violence, and Sexuality in the Armed Forces in the Congo (DRC)", International Studies Quarterly, 53(2), pp. 495-518. Baaz, M. and Stern, M. (2013) Sexual Violence as a Weapon of War?. 1st ed.
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
The idea behind the strict liability nature of statutory rape is to give special protection to minors who may be impressionable or who are “coerced by the power of an older, more mature person” who is possibly even someone they look up to. In the crime of statutory rape, it is the adult who has the burden to “determine the sexual age of a potential partner and to avoid sexual encounters with those who are” under the legal age of consent. Thus, it is the adult who assumes the risk of being convicted of the
It’s my personal opinion, that the justice system and correctional system should be held responsible and accountable for the criminal activities that take place within the prison walls. Prison assaults and rape are known issues in the correctional system and little is done to fix the problem. These prison assaults have been taking place for decades and the assaults and rapes have increased as the younger and/or non-violent prisoners are housed in adult prisons. The Advocacy Groups and the Human Rights Watch should continue to push lawmakers to protect certain classes of prisoners. These groups cannot do it alone and the correctional system must enforce protection within the prisons. Furthermore, the correction system should develop and implement
Our Presentation will be focused on the issues of male rape and the implications and explanations of it.
Age-related: this occurs when someone over the age of 18 commits sexual acts with a minor. This form of rape usually occurs with children around the age of 12. In federal and state law, it is also known as statutory rape.
According to the California Law, statutory rape is having sexual relations with a “child” or “minor” anyone who is below the age of consent. Committing this crime can result in imprisonment and cause the defendant to be charged with a felony even if they weren 't previously aware of the age of the victim at the time in which the act was done. When a statutory rape case is being evaluated, the victim must be under the age of 18 or under the age of consent and the one presenting the case must have proof that sexual intercourse occurred. The reason why this law was put into play was because in the eyes of the government it is believed that unless one is over the age of consent, they are physically and mentally incapable of giving consent to any sexual activities. Although the amendment states that all men are created equal, there is still an existing gender bias favoring women when it comes down to who commits the crime.
There are many different types of rape/ Sexual assault. One type is Rape in the second degree. Rape in the second degree can be defined in court as the actor(rapist) is sixteen years old or older and the other person(victim) is less than sixteen but older than twelve but is at least two years younger than the actor or it can be defined as Sexual Intercourse with a member of the opposite sex and the other person is incapable of consent by reason of being mentally defective(The laws in your state). There is also rape in the first degree. It is defined by the court as Sexual intercourse with a member of the opposite
Rape is an age-old crime that society has just begun to understand the consequences of. In order to thoroughly understand rape, it has to be defined. However, this can be difficult to achieve because throughout history the definition and policies to prevent rape have constantly changed and varied across culture and generations. According to Dr. Mallicoat, professor at California State University, rape can be defined as “sexual intercourse under force, threat of force, or without the legal consent of the individual. (Mallicoat, 2015)” It’s unfortunate to note that most states consider an incident rape only if it includes penile-vaginal penetration. Rape is considered a more serious crime than sexual assault, which is an umbrella term for all other unwanted sexual activity besides rape (Mallicoat, 2015). Despite having these solid definitions, it’s still not clearly understood what actions and policies need to be put in place to prevent it. This problem is especially prevalent on college campuses.
The definition of rape has changed since 1927, with the new nationwide definition from the FBI’s Uniform Crime Report (UCR), the Office of the Attorney General states that, “the penetration, no matter how slight, of the vagina or anus with body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition or rape has not changed since 1927. In 2012, under this new definition, it gives a larger definition as to what facilitates the nature of rape, this includes men as well as women; notwithstanding the victims age of being unable to consent, including the victim’s mental capacity, or being in an incapacitated state due to ingestion of drugs or alcohol (U.S. Department of Justice, 2014). According, to the 2015, Criminal Victimization Report, reports that the rate of
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).
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.