Rape is one of the most widespread and ubiquitous violent crimes facing America, making laws regarding rape and the judicial processing of rape increasingly important. The judicial process itself deters both rape reports and rape convictions. Not only does the judicial processing or rape cases itself deter reports and convictions, but it also has a negative impact on the moral and mental well being of the victims who decide to pursue their cases. According to the Rape, Abuse, and Incest National Network, “there is an average of 237,868 victims (age 12 or older) of rape and sexual assault each year.” It is estimated that “out of every 100 rapes, 40 get reported to the police, 10 lead to an arrest, 8 get prosecuted, 4 lead to a felony conviction” and “3 rapists will spend even a single day in prison.” Furthermore, “about 95% of” the four percent of felony “convictions are obtained by way of a plea agreement” rather than through trial. In some states, like “California, there is a higher acquittal rate for rape than for any other felony" (926). 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
“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.”
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.
There can be changes in how the criminal justices process deals with rape victims; first, train all criminal justice agency professionals on the traumatic and disturbing effects of rape on the lives of its victims. Compassion for the rights of victims often leads to a more convictions and seek longer sentences. If the experience of victims in the criminal justice process is to be improved, there have to be a better understanding of the impact of victimization and of the need to treat victims of crime with courtesy, compassion, dignity, and sensitivity. There must be continual progress in raising awareness and expanding information services and assistance to victims of crime.
There is more than one type of rape believe it or not. According to (Article 7A NCGA) There is 1st Degree of Rape which is a person is guilty of rape if the person engages in vaginal intercourse with a victim who is under the age of 13
Sexual assault is not just a crime against an individual, it affects families, the community, and society as a whole. In recent years, our society has shifted to one of rape culture and rape myth. Rape myths are erroneous, stereotypical, and prejudicial beliefs about rape victims and reasons of sexual assault. Rape myths can impact survivors of assault, as well as the behavior and effectiveness of family, friends, medical and social services, and law enforcement (Rape Victim Advocates, 2016). Rape impacts our society by attacking the cohesion and mutual protection that makes a society. When we allow such crimes to go without the most vigorous and vigilant investigation and punishment, we allow for whole segments of society to be diminished, we are sending the message that society is okay with rape (Abbey,
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.
In Chapter One, we learned that only 10% of cases go to trail, it is very unlikely that these rape cases are ones that go to trial as little action is taken in rape crime. When agencies report crime numbers, the data presented is most likely far off from the true number of rape crimes committed as few rapes are reported to the police. Within criminal justice are several controversial issues, one being rape on college campuses and failure of universities to accurately report rape crime. Investigation rarely happens with college rape cases with athlete
Although the definition of rape is narrower than the definition of sexual assault, both terms are used interchangeably here. Rape is defined as penetration by body parts or objects, whereas sexual assault includes other unwanted sexual contact. In both cases, the contact is happens without the consent of the victim, even if they are incapacitated by drugs or alcohol (Gray, 2014).
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
Every two minutes, somewhere in the world, someone is sexually assaulted. Of these approximately 248,000 victims, about 87,000 were victims of completed rape, and 70,000 were victims of sexual assault. Up to 4,315 pregnancies may have resulted from these attacks. Calculations based on the (National Crime Victimization Survey). Rape is often misunderstood. For one reason rapist are usually portrayed as a stranger, his motivation is entirely sexual, and the victim is always a young and sexy female. The truth is not all rapes are the same. The victim doesn’t have to be a young beautiful Female, older woman, men and kids get raped to. The victims, rapists, and motivation can be very different depending on the one committing
Rape is a violent crime that involves forcing sexual acts on a person. Sexual assault is a serious problem and should be stopped. It can happen to anyone: no one is safe. Every one out of six Americans are raped each year. This includes men,women,and children. Some people believe that rape isn’t a prominent problem, but statistics show it occurs more frequently than we could ever imagine.
Rape is an extremely controversial issue and this notion is supported based on the fact that basic definitions and explanations of rape usually directly correlate with a state's lawful definition of rape. This proves problematic as many people's explanations and definitions of rape are quite different to that of the law. Social science theorists argue that rape is a learned action with which society plays a crucial role, Ellis (1989). Based on this theory it seems only logical to propose that there
While rape culture is a broad term, what constitutes a rape is often not defined. There is much gray area in rape according to most people, but that is not really the case. Rape is defined as, “forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be a body part or an object” (Tracy). Obviously, unwanted and nonconsensual sex in any way, shape, or form by any party constitutes rape. However, rape is specifically sexual intercourse, sexual assault is a different and more broad topic. Sexual assault includes any type of sexual activity (groping, sexual touching, or fondling) that is unwanted by either party involved. Rape itself does fall into the category of sexual assault; however, it is a more specific kind
Sexual violence is a significant social and cultural problem within America and all over the world. Within the United States nearly 1 in 5 women – or nearly 22 million – have been raped in their lifetimes. Arrest rates for sexual assault cases are low as they are hard to investigate because of the effects of the trauma itself. According to the National Crime Victimization Survey, approximately 12% of the 283,200 annual rape or sexual assault victimizations from year 2005-2010 resulted in an arrest at the scene or during a follow-up investigation. Findings from the same survey revealed that more than one-third of women reported experiencing a sexual assault at some point during their lifetime. Within American society, rape constitutes an experience
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