Characteristics of Older rape statutes?
1) Only sexual intercourse constitutes rape
2) Victim did not submit voluntarily to the act
3) Husband could not be prosecuted if the accuser was his spouse
4) Only males could be suspects
5) Only women could be vicitms
Rape and Rape occurs among
terrible crime in which sexual acts are performed without the victim's consent; occurs among strangers or intimates.
Common law view of rape as
the unlawful sexual intercourse by a man with a woman who is not his wife through force and against her own will
Most common form of sexual battery
acquaintance rape (friend-48%, relative 8%)
Most sexual battery incidents in the U.S. are
Intraracial (same race)
Furman v. Georgia (1972)
burglary/robbery shot and killed resident, he was convicted of murder and sentenced death penalty. Not unconstitutional under 8th amendment but it was arbitrary. Court narrowed it down to homicide and death penalty cannot be applied to rape.
Gregg v. Georgia (1976)
Homicide. EXECUTED!
Coker v. Georgia (1977)
Raped an adult woman; cruel and unusual punishment. NOT EXECUTED!
Kennedy v. Louisiana (2008)
Raped child but not given death penalty because he did not commit a homicide. NOT EXECUTED! Cruel and unusual. Cannot apply death penalty to rape.
Who are the rapists?
Not a homogeneous group
Cognitive Factors found in many aggressive offenders:
1) Generally have negative view of women
2) Low self-esteem
3) Vulnerability
4) Dysphoric (anxiety, anger, depression)
5) Hyperidentification with masculine role
6) Condone violence
7) Endorse rape myths
8) Mismanagement of aggression
Spousal Immunity
husband is incapable of raping his wife
Absolute exemption
husbands are not prosecuted for spousal rape under any conditions
Partial exemption
prosecution of offender of marital rape can occur if the parties are separated and in a process of divorce or any other steps taken to void or nullify the marriage
Date/ Acquaintance rape
victim and offender know one another and are engaged in friendly, noncombative interaction up until the attack
Child rape
adult having forcible sexual intercourse with a child under the age of 12
UCR describes forcible rape as
carnal knowledge of a female forcibly and against her will
NORC victimization survey uncovered
almost four times more rapes than what police reports had tallied
nonstranger rape (includes date rape/ acquaintance rape)
account for 73% of sexual victimizations
Incidence of rape
number of vicitmization
prevalence of rape
number of victims
sexual coercion
verbal persuasion to engage in sex, promise of marriage, and making someone feel guilty
false positives
nonvicitms who report a victimization episode
false negatives
victims who decline to report a victimizaiton episode
the crisis reaction repair cycle
1) Impact
2) Recoil
3) Reorganization
impact
shock" some people go through denial, blame themselves, seek security and emotional support
recoil
victims begin to adapt to the fact that the violation took place and this mending process helps reduce the string of the emotions that appeared earlier. Victims often make major lifestyle changes so as to avoid situations similar to that involved in the e
Post-Traumatic Stress Disorder (PTSD)
rape victims experience this
Rape-Trauma Syndrome
sexual battery victims have these symptoms
Reorganization
victims reach this point once they have sorted through their feelings and are abel to put this traumatic event in perspective. These survivors have coped with the situation, reached a point of adjustment, and are now emerging out of crisis
seropositive
person is a carrier of AIDS and has the potential to infect others
window period
may take several months for medical screening to detect any antibodies present in the carrier's bloodstream
prima facie
evidence that a rape did not take place just because no physical marks of harm can be found
Megan's Law
warnings and alerts must be given to residents that a sex offender is living in their area
macro-level effect
change in global indicators as crime reporting rates, clearance rates, prosecution rates, conviction rates
micro-level effect
entails looking at a smaller unit to see if there have been changes in such things as worker attitudes, client satisfaction, and so forth
sexual assault response team (SART)
purpose is to combine representatives from law enforcement, victim advocacy, forensic nursing, and the prosecutor's office in a joint effort to provide seamless case handling
Sexual Assault Nurse Examiner (SANE)
registered nurse who has acquired advanced training and is able to provide specialized service to sexual assault victims
Forensic Nurse
bridges the fields of medical care and cj
Sexual transmitted disease (STD)
can occur and is a worry for rape vicitms
forensic examiner
is trained in evidence collection of rape evidence on vicitms
rape kit
containers for collecting hair samples, fingernail scrapings, swabs, slides to extract fluid, blood containers, report forms, and other tools to gather trace evidence with
crisis
develops whenever a situation poses a serious danger or threat to the person's self
sociocultural explanations for sexual violence
frequently labeled as feminist in orientation, focus on the traditional roles of males and females in society
Rape is simply a means of showing and promoting male domination in a society in which formal ownership of females is no longer permitted. In the
aggravating circumstances
Factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime. They serve as the sentencing enhancements. They are circumstances that m
rape statistics- comparing National Crime victimization surveys and the UCR
The UCR Program's primary objective is to provide a reliable set of criminal justice statistics for law enforcement administration, operation, and management. The BJS established the NCVS to provide previously unavailable information about crime (includin
National College Women Sexual Vicitimization Study
asked respondents whether they had been raped, interviewers utilized a series of questions that described the exact behavior sought. 5% of women content with rape annually
National Violence Against Women Survey
November 1995-May 1996 involved 8,000 female and 8,000 male respondents. Its goal was to provide survey data on the prevalence, incidence, and consequences of violence against women
Research practices regarding unofficial sexual battery statistics
...
rape myths
- Myth: rape doesn't happen very often
- Truth: 1 out of every 6 adult women has been a victim of rape
-Myth: men can't be raped
-Truth: approximately 92,700 men are raped each year in the US
-Myth: strangers only commit rape
-Truth: 2/3 of rape victims r
shield provisions
is legislation designed to protect reporters' privilege, or the right of news reporters to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process
relationship between evidentiary reforms and sexual battery
Evidentiary reforms regarding rape in the U.S. are historically recent legal adjustments that individual states have made in law and attitude away from gender-based biases against women. A social change was occurring in which women were no longer the "pro