Professional Documents
Culture Documents
By Ferryal Basbeth
basbethf@gmail.com
Three elements are necessary to
constitute the crime :
of the victim.
Force
Carnal knowledge is the slightest
penetration of the labia minor by the
penis.
Hymeneal penetration or ejaculation is
not necessary.
Force may involve the use of violence,
threat of violence or coercion.
The mythology of rape (1)
The mythology which surrounds rape has
been developed, perpetuated, and reinforced
by a number of attitudes and values which are
reflected in both the medical and legal
systems. Some of these myths are as follows
Women can't be raped unless they want to be. A
corollary of this might be that women enjoy rape,
or that they at least unconsciously want it;
therefore, there is no such thing as rape.
The mythology of rape (2)
The rapist is a sexually unfulfilled and/or disturbed
man carried away by a sudden, uncontrollable urge
Rapist are always strangers to victims
Rape occurs primarily on the street, and so as long
as a woman stays home, she's safe.
Most rapes involve black men raping white women.
Women are raped because they ask for it by
dressing seductively and walking provocatively;
thus only “bad” women are raped.
Statistic of rape (1)
In 1971, Amir published data which
encompassed all cases of rape, not including
incest or statutory rape, listed by the police in
1958 and 1960 in the city of Philadelphia.
The data include 646 victims and 1292
offenders.
Three-quarters of the rapes involved one or
two assailants (single rape, 57%, pair rape
16%); group rape ( three or more assailants)
was the pattern in 27 %
Statistic of rape (2)
Of the total number of incidents, 71 % were
planned in advance, and only 16 % could be
considered as resulting from an
uncontrollable impulse.
Group rapes were planned in 90 % of cases,
and single and two assailant rapes in 58% of
cases.
Thus the “uncontrollable urge” theory of rape
is challenged.
Stay at home, is it safe?
The myth that staying at home is safe fails to
recognize that 56 % of rapes in the Amir
study occurred in the victim’s residence, and
the remainder were divided among
automobiles, outside, and other indoor
places.
Was the rapist a stranger?
Moreover, in only half of the cases was the
rapist a stranger to the victim, while the
remainder included casual acquaintances,
neighbors, boyfriends, family friends, and
relatives.
Husband were not included in these statistics,
because, until quite recently, a sexual act
between husband and wife was not
considered rape under American law.
Rape and age
Hayman and Lanza report on 1223 cases in
which the age of the victim range from 15
months to 82 years.
12 % were victim under 12
25 % were between 13 and 17
32 % were between 18 and 24
30 % were over 30.
The rapist were almost all less than 30 years
of age.
Rape and race
The overwhelming majority of reported rapes
involved rapists and victims of the same race.
Brownmiller has suggested that this pattern
may be changing.
Most studies suggest a high proportion of
interracial rape, but the significance of this is
unclear.
Black or white?
It is possible the black rapists are more likely
to be reported and apprehended, while white
rape may be grossly underreported or less
aggressively pursued when reported.
A Denver study is an exception in that the
percentage of victim by race was similar to
the at large population; that is, 71 % white,
15 % black, 11 % Chicano.
Rape and physical force
In Amir’s study, physical force was present in 86 % of
cases, the remainder involving various degrees of
nonphysical force such as coercion or intimidation with
or without weapons.
Roughness (holding, pushing around) 29 %
No brutal beating (slapping) 25 %
Brutal beating 20 %
Chocking and gagging 12 %
Thus, in one third of the cases in which physical force
occurred, extreme brutality was used.
Rape and alcohol
In group rape there is evidently a higher
frequency of both alcohol intake prior criminal
records, especially of sexual offenses.
The assault is usually planned and is more
brutal in terms of beatings and subjecting the
victim to sexually humiliating practices in
addition to the rape.
Victim’s decision at the
time of the assault
Victim behavior is described by Amir as submissive
in 55 %, with some degree of resistance in the
remainder.
At the time of the assault, the victim must decide
whether she has a greater fear of the rape or
physical injury.
Her actions will reflect her decision, usually without
opportunity for thought.
How is the rape victim's
response? (1)
The response of the victim is variable, depending on
the circumstances, the setting where the action takes
place, and her own personal response.
She may fight back quickly when taken by surprise in
an attack accompanied by threat of death or
mutilation, or
She may react more slowly and with disbelief in the
forceful intentions of the man who continues to insist
on sexual intercourse in the midst of a social
encounter where sexual contact is unexpected and
un agreed upon by the woman.
How is the rape victim's response?
(2)
In fact, the reported incidence greatly under
reflects the actual incidence of rape.
It is estimated that between 50 and 90 % of
rape cases go underreported.
The Federal Bureau Investigation attributes
underreporting to fear and/or embarrassment
on the part of the victims
How is the rape victim's
response? (3)
The woman is often afraid of being accused of
provocation or active participation in the rape.
She is fearful of the reactions of husband, boyfriend,
parents, or friends.
In the case of young victim, parents may wish to
protect the child from the publicity and the legal
ordeal.
If the assailant is a close friend, relative, or
employer, there are additional pressure not to report
Medical examination
The medical system becomes involved in
the sexual assault investigation for two
reason :
Therapy involving the physical and emotional
consequences of the assault
Evidence gathering to corroborate the initial
charge or to be used in the adjudication of the
complaint.
New curiculum ?
Although these medical responsibilities have
existed for years, it is only recently that
sexual assault has been introduced into
medical school curicula.
Pediatricians, gynecologists, emergency
physicians, and some family physicians are
introduced to the subject of sexual assault
during their training after medical school.
Prevention STD and pregnancy
The medical responsibilities include treatment
of any trauma involved, prevention and
treatment of any possible venereal disease or
pregnancy, and adequate follow up for
counseling to reduce emotional trauma.
Definition of sexual assault
Physicians and other medical staff members should
be educated about common misconceptions and
attitudes concerning sexual assault.
They should also be advised of the definitions of
sexual assault and rape in local jurisdictions.
A medical definition of penetration, for example,
usually assumes that there has been penetration into
the vagina, whereas many legal jurisdictions consider
penetration between the labia as rape.
Medical examination
The medical examination includes
History,