WHAT IS RAPE?

RAPE is usually defined as the act of forcing sexual intercourse upon an unwilling victim, including both psychological coercion and physical force. Forced sexual intercourse means vaginal, anal or oral penetration by the offender(s). This category includes incidents where the penetration is from a foreign object such as a bottle. This definition includes attempted rapes, male and female victims, and heterosexual and homosexual rape.

In the United States, rape was traditionally considered an act that occurred only against females and only outside marriage. In recent decades, however, some states have broadened the legal definition to include other forms of sexual contact and to include spouses and males as possible victims.

Legally, there are two kinds of rape, forcible and statutory, and both are treated as felonies in the United States.

Forcible rape is defined as sexual intercourse with a nonconsenting victim through the use or the threat of force.

Statutory rape is defined as sexual intercourse with a person under a specified age. This age varies from state to state and country to country but usually ranges from 12 to 18 years. Sexual intercourse with a person who is mentally deficient or unconscious and therefore incapable of giving consent is also sometimes considered statutory rape.

WHAT IS SEXUAL ASSAULT?

Every state has its own definitions of rape and sexual assault, so the precise definition depends on where you live. That said, here's a general definition of the terms:

SEXUAL ASSAULT includes a wide range of victimizations, distinct from rape or attempted rape. These crimes include completed or attempted attacks generally involving unwanted sexual contact between the victim and offender. Sexual assaults may or may not involve force and include such things as grabbing or fondling. Sexual assault also includes verbal threats.

These definitions are the same ones used by the US Department of Justice's annual National Crime Victimization Survey, the most comprehensive study of the incidence of rape. Unless otherwise noted, all statistics on RAINN's website are based on the above definitions.

To determine the statute in your state, to contact your local prosecutor, district attorney or state attorney general's office.

RAPE AND CRIMINAL JUSTICE

The origin of rape laws can be traced to the once-widespread belief that women were the property of men. A female was considered first the property of her father. Because her virginity was valued as her principal asset, rape was considered a theft. Once a woman was married, she belonged to her husband. Rape then was treated as a crime against the husband's exclusive sexual rights to her. Because marriage gave these rights to the husband, legally, it was not possible for him to rape his own wife.

Because penalties for rape were severe, rape laws came to include elements that protected men against false accusation. The consent of the victim was often at issue, and the defense frequently argued that the woman had not resisted her alleged attacker. By the 20th century it had become increasingly difficult in U.S. courts for the victim to legally prove that she had been raped. She had to establish, often with a corroborating eyewitness, that intercourse had taken place, that it had not been provoked, and that violence had been threatened.

Rape is considered the most underreported of the violent crimes. It has been variously estimated that 50 to 90 percent of rapes occurring in the United States are not reported -- either because of shame, threat of retribution, or the victim's fear that she will not be believed. Convictions are difficult to obtain, and even when convicted, the average rapist spends less than four years in prison. Between 1979 and 1988 the numbers of reported rapes increased 65 percent more than did the general crime rate, an increase reflecting a growing willingness to report the crime.

IMPACT OF THE WOMEN'S MOVEMENT

Beginning in the 1970s, rape was increasingly redefined as a crime of violence. In many Western countries legal definitions were expanded and penalties adjusted according to the degree of aggressive force that was used. Measures were adopted to protect the identity of rape victims, and the phenomenon of "acquaintance rape" or "date rape" was broadly publicized, all part of efforts to encourage and allow more active prosecution.

Police departments and the medical and legal systems have been urged by women's groups to apply greater sensitivity to their dealings with rape victims, and counseling and crisis centers have been established to offer support and assistance in dealing with the judicial process. Increasing awareness of women's rights and preventive measures such as escort services, self-defense training, and improved lighting are considered to have the greatest potential for deterring rape, especially on college campuses, where it is an increasing problem.

Mary Anne Sedney

Bibliography: Benn, Melissa, et al., The Rape Controversy (1988); Bessmer, S., The Laws of Rape (1985); Brownmiller, Susan, Against Our Will: Men, Women, and Rape, rev. ed. (1988); Estrich, Susan, Real Rape (1987); Parrot, Andrea, and Bochhofer, Laurie, eds., Acquaintance Rape: The Hidden Crime (1991); Russell, Diana, Rape in Marriage, rev. ed. (1990); Shuker-Haines, Frances, Everything You Need to Know about Date Rape (1989); Tomaselli, Sylvana, and Porter, Roy, eds., Rape (1986).

"act of sexual intercourse with a woman by a man without her consent, either through force or the threat of force or through fraud. By the late 20th century, there was a tendency to enlarge the definition of rape to cover any act of sexual penetration against the will of the victim; this definition includes forcible sodomy, the victim of which may be another man or a child."

Many jurisdictions still don't treat as rape an act of sexual intercourse by a husband with his wife against her will. However, sex without consent is rape. Spousal relationships do not validate forced sex without consent. Relationships where married women feel pressured against their will are abusive. Healthy partners provide intimacy as an act of love, not duty.

Rape is considered to be a serious crime and is treated as a felony in most countries with common-law systems. But in many rape trials the issue becomes whether or not the victim consented to sexual intercourse. The determination of consent can lead to distressing cross-examinations of rape victims in court, and, in light of this probability, many rape victims fail to report the crime to police or refuse to press charges against their assailant. Even when brought to trial, those charged with the crime have a higher-than-average rate of acquittal, mainly because of the difficulty in proving a crime for which there usually exist no other witnesses besides those involved in it. But where guilt is established, rape is usually treated as a serious crime, and most persons convicted of it receive sentences of imprisonment.

The psychological motivation of rapists is now considered more complex than was formerly thought. Rather than the mere brutal satisfaction of sexual desire, rape is now often thought to be an act of anger or aggression and a pathological assertion of power over the victim. Victims' psychological reactions to rape vary but usually include feelings of shame, humiliation, confusion, fear, and rage. Victims have reported a feeling of perpetual defilement, an inability to feel clean, an overwhelming sense of vulnerability, and a paralyzing feeling of lack of control over their lives. Many are haunted by fear of the neighbourhood in which the crime occurred, or of being followed, or of all sexual relationships. Others experience long-term disruption of sleep or eating patterns or an inability to function at work. The duration of the psychological trauma varies from individual to individual; many feel the effects for years, even with considerable supportive therapy.

Rape is a crime motivated by a need to control, humiliate and harm. Rapists use sexual assault as a weapon to hurt and dominate others. It is not an act of sex, but of violence.