The common law def
forcible sexual intercourse with a female person without her consent.
Carnal knowledge
involves sexual penetration
Historically rape was viewed as?
A crime that involved overwhelming sexual lust, driving a man to force his attentions on a women.
Criminologist now view rape as?
An act of aggression used to inflict violence and intimidation , not a forceful expression of sexuality
rape war crimes
According to the most recent UCR data, about 85000 rapes or attempted rapes are being reported in the United States each year.
Is data underestimated ?
yes b/c rape is frequently underreported
Many victims fail to report rape why ?
Embarrassment, believe nothing can be done, blame themselves, think it's a personal matter.
population density affects the rape rate how ?
Metropolitan areas have significantly high rape rates.
In what percentage of rapes do police actually make arrests ?
About 40 percent of all reported rape offenses
What is the typical age range of a rapists ?
45 percent was under 25 years
Are the arrested offenders more likely to be caucasian or african American ?
2/3 caucasian
Rape is a warm whether crime . high and low rates of what month?
high rates july, August. Low rates of rape are Dec, jan and feb
why do people rape ?
According to one expert every rape encounter contains at least one of the three elements of Anger, power and sadism.
Anger rape (40 percent of rapists )
Aim is to hurt the victim as much as possible; sexual aspect is an after thought. Often occurs after an upsetting incident has caused conflict, irritation or aggravation.
Power rape (55 percent of rapists)
Attacker does not want to harm his victim as much as he wants to possess her sexually
Goal of power rape ?
goal is sexual conquest and uses only the amount of force necessary to achieve this objective.
So why rape ?
rape is a way of putting personal insecurities to rest, asserting heterosexuality and preserving a sense of manhood
Sadistic rape (5 percent of rapists)
Sadistic is a person who enjoys inflicting pain on others, often sexually. Involves both sexuality and aggression. they may torment, bind the victim
The rape experience to the sadistic
Intensively exciting to sadist, he gets satisfaction from abusing, degrading or humiliating his captive. Very traumatic to victim.
Date rape
May occur where male partner feels he has invested too much time and money and is owed sexual relations. May victims fail to report as they do not view as "real" rape. Other victims are frightened and embarrassed.
Marital rape
Accompanied by brutal beatings and have little to do with normal sexual interests.
Statutory rape
Sexual relations between underaged minor and an adult. Although the sex is not forced, the law says that the minor is incapable go giving informed consent, so the act is legally considered.
Why does rape exists ? 5 possible explanations
Evolutionary/biological factors, Male socialization, psychological Abnormality, social learning and sexual motivation
1) Evolutionary/ biological factors
theory says that rape may be instinctual developed over the ages as a means of perpetuating the species by spreading ones genes.
2)Male socialization
Theory says that some men have been socialized to be aggressive with women and believe that the use of violence or force is legitimate if their sexual advances are rebuffed.
Virility mystique
The belief that males must separate their sexual feelings from their need for love, respect and affection. sexual insecurity may lead some men to commit rapes
Psychological Abnormalities
A high proportion of serial rapists and repeat sexual offenders exhibit psychopathic personality structures.
Narcissistic personality disorder
A pattern of traits and behaviors indicating infatuation and fixation with ones self to the exclusion of all others, along with the pursuit of one's own dominance and ambition.
4) social learning
According to this perspective, men learn to commit rape in the same way they learn any other behavior.
ex. through peers, as a result of their own experience with sexual violence
Sexual trauma is linked with ?
The desire to inflict sexual trauma on others, watching violent pornographic films featuring women being attacked or beaten has been linked to social learning.
5) sexual motivation
Even though criminologists now consider rape a violent act w/o sexual motivation, there is evidence that at least some rapists have sexual feelings for victims. (especially younger ). rapists choose victim based on age
Rape and law
courts are becoming more sensitive to the plight of rape victims and are now just as likely to investigate acquitance rape as they are aggravated rape.
Proving rape is extremely hard for prosecutors why ?
Prosecutors must show their was no consent
Consent
permission for something to happen or agreement to do something.