In section III of the coursebook, the authors tell us that there are multiple reasons as to why rape victims do not officiall
In section III of the coursebook, the authors tell us that there are multiple reasons as to why rape victims do not officially report their victimizations. First, list the reasons described by the authors as to why many women fail to report their rapes. Then, discuss with the class which of these reasons you believe probably accounts for the majority of rape cases that go unreported. Within your discussion, explain how "rape myths" and the evolution of the definition of rape may have attributed to the reason you selected as to why women do not officially report their rape.
WOMEN AND VICTIMIZATION:
RAPE AND SEXUAL ASSAULT
SECTION III
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
- Rape
- One of the oldest and most feared crimes
- Images of rape in popular culture
- Prohibited since Code of Hammurabi (1900 CE)
- Distinguishing between married and unmarried women
- Historically a property crime
- Little protection for women from rape
- Victims faced public ridicule and blame
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
- Early American Statutes: Model Penal Code (1955)
- Historically narrow
- Limited to intercourse
- Male offender and female victim
- Required force or threat of force
- Marital status precludes rape
- Did not acknowledge attempted rapes
- Progressive elements
- Acknowledgement of victim impairment/ unconsciousness and status as child
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
- Modern laws vary but have many similar provisions
- Marital-rape exemption clause abolished
- Definitions expanded using “sexual assault”
- Statutory rape laws
- Sex offender registration laws
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
- FBI revises the definition of rape for purposes of UCR (2012)
- Historically it only considered cases of forcible rape
- No longer “forcible” only
- NCVS defines rape as:
- “forced sexual intercourse…. (including) vaginal, oral, or anal penetration by offender(s)”
- Gender neutral
- Body part or object
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
- Victims may label their experiences differently and therefore may not report or seek services
- Unacknowledged victims
- Symbolic assailants
- More likely to be someone the victim knows
- Offenders may also misunderstand legal definition
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
Definitions vary by jurisdiction and change over time
Decisions made by CJ professionals
Definitions vary between CJ and mental health professionals
NCVS and DOJ definitions recently revised
Definitions of rape in some jurisdictions remain narrow but the broader category of sexual assault has been recognized
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Prevalence of Rape and Sexual Assault
- ~213,000 in 2011 as documented by NCVS
- Victimizations significantly underreported
- Stigmatization
- Research challenges
- Research findings show increases in rape
- Incidence rate higher on college campuses
- 1 in 4 women estimated to experience rape during their lifetime
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Rape Myths
- “Attitudes and beliefs that are generally false but are widely and persistently held and that serve to deny and justify male sexual aggression against women”
- Victim was “asking for it”
- Acceptance of rape myths leads to victim blaming
- Shifting blame
- Denial leads to underreporting and the perception that the crime is not taken seriously
- Just World Hypothesis
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Rape Myths
- Provide justification for offenders
- Miscommunication
- Some victims accept these justifications and engage in self-blame
- Symbolic assailant, forceful resistance, evidence and reporting are expected
- In reality, offenders are known to the victim and victims are unlikely to report
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Acquaintance vs. Stranger Assault
- Fear of victimization does not reflect reality
- Acquaintance rape and sexual assault
- Happens in a placed perceived as safe
- Less force and less resistance
- Acquaintance rape is significantly underreported
- Victims engage in self-blame and do not seek help
- Society perceives acquaintance rape as less serious than stranger rape (“real rape”)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Case Study: Steubenville High School
- Rape Case
- Assault was videotaped and posted on social media
- Victim blaming
- Defendants were found guilty in juvenile court and sentences to one year in state correctional facility
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Drug-Facilitated Sexual Assault
- An unwanted sexual act following the deliberate intoxication of a victim
- Incapacitated rape: victim voluntarily consumes drugs or alcohol
- Represents majority of drug-facilitated sexual assaults
- Use increases risk and decreases ability to resist
- Voluntarily incapacitated victims more likely to be blamed
- Question of “consent”
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Drug-Facilitated Sexual Assault
Date rape drugs
Victim unconscious and unable to recall what happened
- These crimes are underreported
- Governing legislation
Controlled Substances Act
Drug-Inducted Rape Prevention and Punishment Act (1996)
CO Penal Code: Drug-Facilitated Sexual Assault
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
“The Invisible War:” Rape in the Military
- Estimated that one-third of women experience sexual assault during their service
- Abuses against POWs at Abu Ghraib
- Systematic abuse of female cadets in CO
- Overall lack of investigation and conviction
- “The Invisible War”
- Documentary of rape in the military
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Spousal Rape
- Martial rape exception
- Marriage = Consent
- Men and women were not considered equal partners
- Private matter Hands-off policy
- By 1993, all 50 states had moved away from this exception
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Spousal Rape
Tactics
Emotional coercion
- Social coercion: “Wife’s duty”
- Interpersonal coercion: Use of power
- Fear of unknown threats or damages
Battering rape
Extension of intimate partner violence
Physical effects of victimization are greater
As prevalent but hidden from public view
Cultural acceptance leads to a failure to identify victims
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Case Study: Statutory Rape
- Sexual activity prohibited by statute or code
- Ability to legally consent
- Age, mental impairment
- Coercion is assumed
- Legal age of consent varies
- Exceptions
- Marital
- Age-gap: “Romeo & Juliet”
- Do not apply to persons of authority
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Same-Sex Sexual Violence
- Usually thought of as male offender and female victim
- Male on Male and Female on Female
- Historically rooted in men’s need to exert power and control
- CJ system with homophobic views
- Slow response of advocacy services
- Do not appreciate the unique needs of victims
- Fear restriction of donations and other funding
- These problems limit the recognition of same-sex sexual assault as a social problem
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Racial Differences in Sexual Assault
- Experiences reported by women of color
- Reports underrepresent actual occurrence
- Victimized at a disproportionate rate
- Experiences of American Indian and Alaska Native populations
- Black women significantly more likely to have a weapon used against them (Boykins, et al.)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Racial Differences in Sexual Assault
Hispanic women have highest rates of attempted sexual assault
Face language barriers and may be concerned about immigration status
When victims do come forward, they may face victim blaming from their communities
Cultural expectations lead to underreporting and decreased help-seeking behaviors
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
- Identification of victimization
- Factors increasing the likelihood of reporting
- Injury, concern over contracting HIV, identification of incident as rape
- May confide in friends and family instead of police
- May not feel its important enough
- May not want anyone to know
- Lack of faith in CJ system
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
Most common reason to report was prevention
Victims who seek medical treatment are more likely to report
- Impact of victimization
- Posttraumatic stress disorder, depression, low self-esteem, anxiety, and suicidal tendencies
- High-risk behaviors including risky sexual activities, extreme weight loss measures, and substance abuse
- Fear and trust issues
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
- Victim Advocacy
- Rape Crisis Services
- Perceived need for prevention, community awareness, and response to victim’s suffering
- Services are limited and lacking in resources
- Further traumatized of CJ system/formal processing of case
- Cases may be difficult to prove
- Rape myth acceptance by CJ professionals
- Discourages reporting
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Conclusion
- Improving prevention and intervention efforts
- Attention focused on college campuses
- Increasing public education about acquaintance rape
- Prevention efforts should provide accurate definitions, realistic examples, information on drug-facilitated rape, and discussions regarding consent
- Combatting rape myths
Increased counseling services
- Services should be available and known
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 5
- Student Right-to-Know and Campus Security Act of 1990 (aka Clery Act)
- Provides guidelines on what information is supposed to be made widely available to students
- Availability and Adequacy of Sexual Assault Resources on Campus
- Resources are not uniform across college campuses
- Sexual Assault Programming and Deprogramming
- Programs should attempt to dispel rape myths
- Programs should reach both men and women
- Backlash hypothesis
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 5
- Study Overview
- Method
- Participants
- Measures
- Knowledge of sexual assault resources
- Quality of resources
- Distribution of sexual assault resources
- Rape Myth Scale
- Results
- Discussion
- Use the internet as a primary source of dissemination
- Required Online courses
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
- Examines young peoples attitudes and understandings around
- Alcohol consumption
- Nonconsensual sex
- False allegations
- The Law of Rape and Research Context
- England and Wales
- Reformed in 2003
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
- Rape Myths, False Allegations and Intoxication
- Methodology
- Focus groups
- College students
- 18-24 years old
- Provided a vignette based on the facts reported in the Bree (2007) case
- Benjamin and Michelle (acquaintances)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
- Analysis and Discussion
- Not Quite Rape
- Physical injury evidence
- Stereotype of rapist and rape
- False Allegations of Rape
- Motivations for a false allegation
- Frequency of false allegations
- Ramifications of false allegations
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
- Voluntary Intoxication and Intercourse
- Impact of alcohol on inhibitions
- Capacity
- Dual impact of alcohol on defendant and complainant behavior
- Conclusion
- Focus remained on Michelle’s actions prior to intercourse
- Awareness raising to dispel rape myths
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
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