Rape

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===Gang rape===
 
===Gang rape===
  
"Gang rape" is a general term for a rape in which many people assault one victim.  It is common in the American academic community,{{fact}} especially if the victim is passed out.
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"Gang rape" is a general term for a rape in which many people assault one victim.  Recent surveys are showing that such rapes are increasing in the American academic community,<ref>[http://www.crisisconnectioninc.org/sexualassault/college_campuses_and_rape.htm]</ref><ref>http://www.npr.org/templates/story/story.php?storyId=124001493</ref> especially in situations where there is excessive drinking by the perpetrators and victim.
  
 
Gang rape is also associated with real [[gang]]s; some gang initiation rituals involve a gang-bang, which is quite often carried out non-consensually, and gang rape can also be used as a form of humiliation and punishment.
 
Gang rape is also associated with real [[gang]]s; some gang initiation rituals involve a gang-bang, which is quite often carried out non-consensually, and gang rape can also be used as a form of humiliation and punishment.

Revision as of 01:58, 18 September 2011

Part of the series on

Sexuality

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Rape is the most extreme form of sexual assault, involving non-consensual sexual acts [1]. The laws on, and attitudes to, rape vary widely from culture to culture. In developed societies, the act of rape is usually considered a heinous criminal offense; in others, it is considered an offense only insofar as the rapist has violated another man's property.

Contents

Legal classifications of rape

Most western countries have several legal classifications of rape, each of which may have different legal outcomes.

Violent or forced rape

Violent or forced rapes are those which generally result in some injury, and which happen under acts of violence or physical control. A few states in the US, a handful of countries in Western civilization, and most Middle Eastern, African, and Asian countries make legal distinctions between rapes that happen when force or violence is involved, and other types of rape, including ones where the threats are psychological or emotional.

Non-consensual, non-violent rape

This is a description to include "all sex that is not physically violent, but still coerced." This includes threats of future harm, threats to children or loved ones, threats to stop financial support (as one might see in a marriage), or threats to withdraw emotional support (a kind of addictive control found in abusive relationships). Spousal rape usually falls into this category. In most Western countries, these two types of rape are legally identical. But many if not most of the rest of the world's laws still allow for rape within a marriage.[2][3]

Impaired consent

Impaired consent laws make it illegal for anyone who has been drinking to legally give consent to sex. This is one of the trickiest laws to litigate, if the drug of choice is alcohol or pot, because they are such normal methods of safe coercion, of "getting to know you" and "having a good time" that the legal line between "fun" and "rape" is nearly impossible to draw. However, if the victim is quite literally passed out or has taken "date-rape" drugs such as GHC, it is fairly easy to see how the victim was unable to give her informed consent to the sexual act.

Statutory rape

Rape as defined by statute/law. In this case, it does not matter of the victim gives consent. The state has defined a particular class (almost always a class based on age) as being legally unable to give consent. So, if a 14 year old girl has sex with her teacher, regardless of how she feels about it, it is legally rape. The danger to this type of law is that there are cases where two kids who are legally able to have sex one day could violate the law the day after one of their 18th birthdays. Most states have some form of "Romeo Law" which allows teens within a particular age range to be exempted from the statute. Other statutory classes include those who are mentally retarded, and some cases of people with mental illness.

Children under 14

The rape of children under 14 (or there abouts) is generally handled differently from the rape of adult victims; the rapist charged under various statutes of child molestation. While a charge of rape will generally be included, the molestation charge alone generally carries a harsher punishment than the charge of rape.

Ways to classify rape

Beyond the legal definitions, society tends to classify rape by the situation in which it occurred.

Acquaintance rape/date rape

This refers to rape committed by someone known to the victim. It is often difficult to convict anyone of this sort of rape, as in such a situation it is much harder to prove that any sex was non-consensual. There is also the additional problem that many people tend to blame the victim for such rapes, making it more difficult for the victim to press charges. However, despite any difficulty with evidence, the law makes no distinction even if the girl intended to go all the way, said she would go all the way, then said "no" at the last moment. Rape is rape.

Domestic rape

Marital or domestic rapes are those that happen within established partnerships. They often do not involve physical violence, but instead threats of violence, as well as emotional threats, threats to withdraw financial support, and even threats to children (especially step-children). Statistics from the United Kingdom suggest that marital rape is the most common type of rape.[4]

Domestic rape is the most commonly experienced rape in the male gay community. Unfortunately, this is sometimes overlooked because the feminist community, providing most anti-rape activists, tend to view rape as an exclusively male-on-female crime.

On the other side of the spectrum, one has wingnuts like Phyllis Schlafly overlooking all marital rape, brushing it off as the result of a dereliction of "duty" on the wife's part.

Gang rape

"Gang rape" is a general term for a rape in which many people assault one victim. Recent surveys are showing that such rapes are increasing in the American academic community,[5][6] especially in situations where there is excessive drinking by the perpetrators and victim.

Gang rape is also associated with real gangs; some gang initiation rituals involve a gang-bang, which is quite often carried out non-consensually, and gang rape can also be used as a form of humiliation and punishment.

Prison rape

Prison rape, although mostly committed by men against men, does not usually imply that the perpetrators are gay; it is not generally done for erotic purposes, but instead to punish, terrorize, or humiliate the victim. In US prisons, it has reached near epidemic levels.[7]

War rape

The act of raping victims in a war is often an act of attempted humiliation for the entire captured society. Raping your defeated victims also acts to intimidate others who may wish to challenge you. War rape figures into the Old Testament, as God often allows his brave warriors to take whatever women they wish from the vanquished societies.[citation needed] War rape is outlawed as a war crime in modern international law.[8]

Politicization of rape in the US

With the election of the Tea Party candidates into local, state and Federal government in 2009 and 2010, a new wave of anti-women legislation was proposed (and sadly, often enacted) that not only began an assault on women's reproductive rights, but in several instances, struck at a more misogynist core.

  • In 2010, when attempting to counter President Obama's health care plan, the republican lead house stated that the only rape which was a "real rape" was that which involved provable force. This meant women who had been drugged were not victims. Nor were girls molested by their relatives, or underage girls who says "yes" even though they were not able to give legal consent. It also excluded anyone capitulated and did not fight back, for whatever reason she might have done so, including threats or intimidation[9]. This language was an attempt to remove the rape, incest and health of mother exceptions to the Hyde Amendment
  • 2011, Rick Perry has addressed the "Romeo and Juliet" laws by making it legal for the 15 and older crowd to engage in sex with someone up to 4 years older. The issue become a hot topic for garnering votes in other areas, and getting funding for the Campaign.
  • In 2010, the Governor of Georgia sought to redefine rape victims as "accusers", not victims, until the case had been tried by law. No crime has been committed if you cannot prove it, apparently. [10]
  • Wanna really go for sick? Starting in 2010, various Pro-Life groups got together to start a "Conceived in Rape" campaign. They take men and women, and yes, cute little kids, whose life began "thanks to" [11] a rape. The intent of this particularly sick tour is to guilt pregnant rape victims into having the child. [12] Can I start my own tour, with the names of women who killed themselves after they were raped, do to shame, fear, or clinical depression? Just asking...
  • An older law in Kansas, still on the books, uses statutory rape to punish gay kids. If you are under 18 and have gay sex, you can (and several cases have been tried and convicted) go to jail. If you are under 18 and have normal, healthy, youthful heterosexual intercourse, it's not a crime if you are over 14. The law was upheld even after Lawrence v. Texas said it was unconstitutional to ban gay sex, because it was not a ban on gay sex, but a state's right to set the age for consent. Apparently gay guys don't really know that they do or don't want to have sex, but straight girls are dandy at it. Even at 14. [13]


The tenuous hold

The modern western world has had to grapple with a historical view of rape, of dating, and in fact of women in general that leaves rape (especially date rape) a constant threat in modern society. [14]


  • There is a long and compelling story about relationships that suggest women need to be swept off their feet, and physically compelled to like the man. From Cinderella and Sleeping Beauty, to the silly "No! Don't! Stop! (becomes) No, don't stop!" our culture has told the boys that you must push the girl harder and harder to get a yes. A few of our beloved fairy tales even suggest that the man raped the woman to wake her, or bring her into his control.


  • Yes means no. Girls are coy; don't you know. And boys are shy. So when they say no, they are really saying yes, but are simply too shy to tell you, or they are playing games.


  • Women do not like sex. Those that do are sluts. In either case, you must force the women who do not like sex to like it, and those who are sluts you can have anyhow, cause it's not rape to them.


All of these positions have made the communication between potential sexual partners into a game, a challenge, or a battle. Until we look at the myths about relationships, that mis communication is more than not, likely to result in cases of 'he said she said' rape/not rape.


In the more serious aspect, we still have not outgrown old ideas about women and rape, that make violent, controlling rape, or emotionally abusive rape far too common.


  • We have not fully shaken the idea that men are better; that men used to control and own women, especially in marriage, and that men's needs matter more than women's.
  • We have not fully come to grips with how serious rape is to the victim, especially if there are no physical scars. In Colorado, for example, a conviction of rape carries a 3-6 year prison sentence. A first time conviction of possession of a Schedule I drug carries a 4-12 year sentence. Not attempt to sell, just possession. Our legal systems have not taken rape as seriously as necessary to really change things.
  • Police officers are frequently charged with not caring about rape victims, treating them as second class, or blaming them for the rape. While this is changing in most place, including the development of special units throughout Europe and North America, there is still lingering attitudes that cause many victims to not report the crimes done to them.

Footnotes

  1. Most western countries do not legally distinguish between intercourse and other sexual acts in their rape laws, though a few US States do make such distinctions
  2. Amnesty International address on the status of women
  3. paper discussion various responses to international laws
  4. [1]
  5. [2]
  6. http://www.npr.org/templates/story/story.php?storyId=124001493
  7. [3]
  8. [4]
  9. [5]
  10. [6]
  11. Yes, that is the exact words they use, "thanks to
  12. http://www.rhrealitycheck.org/blog/2011/06/02/what-aboutconceived-rape-tour
  13. February 2000, Matthew Limon Case.[7]
  14. Heroic Imagery, rape in art, (1999) selection
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