Presentation on theme: "1 Crime Victims: An Introduction to Victimology Sixth Edition By Andrew Karmen Chapter Ten: Victims of Rapes and Other Sexual Assaults."— Presentation transcript:
1 Crime Victims: An Introduction to Victimology Sixth Edition By Andrew Karmen Chapter Ten: Victims of Rapes and Other Sexual Assaults
2 Victims of Sexual Assault Pro-victim and anti-rape movement of 70s exposed ongoing injustice, abuse and systematic neglect –Women fail to report for many reasons –CJ system mainly men and more concerned with relationship prior to the rape than the violence caused by the rape –Advocates claim rape is about power and control—not love or passion
3 Victims of Sexual Assault RAPE—Latin “rapere” taken by force Common Law Rape—unlawful carnal knowledge committed by man against woman—not his wife Forcible Rape—Victim fears harm if they do not comply. Lack of consent is key factor. Aggravated Rape—More than one assailant and use of weapon and injuries. Statutory Rape—Consensual with minor.
4 Victims of Sexual Assault Real Rapes (Ideal Rapes) vs. Date Rapes –Real Rapes defined as without question or doubt. Elements consist of: Unsuspecting female, complete stranger, victim is a virgin and virtuous, very young, fights back, struggles and suffers injuries, involved in wholesome activity when occurred, when escapes—reports directly to police. Forensic evidence found These cases treated with dignity and with sensitivity by the CJ system.
5 Victims of Sexual Assault Doubts arise if any of the above missing Some argue that if rape preceded by series of consensual sexual overtones, her “contributory behavior” makes less serious Advocates claim that what counts is that she was stripped of control, denied right to make decision and compelled to submit to someone else’s sexual desire Legal definition hinges on coercion against non- consenting person
6 Victims of Sexual Assault Contributory Behavior—forced intercourse preceded by series of consensual acts— less serious Acquaintance Rapes—existence of prior relationship questions seriousness of act Victim Precipitation—are some rapes involving certain circumstances less serious due to prior conduct of the victim?
7 Victims of Sexual Assault Victim-Blaming Views –Victim used alcohol or drugs –Put herself in temptation opportunity situation –Suggestive and seductive utterings –Hitchhiking –Date rape is “terrible misunderstanding” of what she said or meant –Certain lifestyles precipitate rape
8 Victims of Sexual Assault Two consequences from acceptance of Victim-blaming –Male less culpable if female shares responsibility –Girls and women must be better educated to prevent miscommunication of their desires Misleading seductiveness might be taken as “implied consent”
9 Victims of Sexual Assault Victim-Defending Perspective –Nothing erotic or suggestive could justify such a hostile act –Using force should not be confused with making love or engaging in sex –Rape is an act of “hate and anger,” not “love or lust” –Rape prevention should not just be aimed at females
10 Victims of Sexual Assault Consequences of Sexual Assault –Rape Crisis Syndrome –Post Traumatic Stress Disorder –2/3 of rapes not completed but still leave psychological scars—may commit suicide
11 Incident Prevalence UCR vs. NCVS—See Figure 10.1, page 252 NCVS—In 2004, 36% reported their rape to the authorities—64% not reported Rape trends decreasing since 90s Portrait of victims –Female late teens-early twenties –Unmarried, low income –Black, unemployed, resides in large city –55% acquaintances, 44% strangers
12 Victims of Sexual Assault How the Criminal Justice System Handles Rape Victims –The Crime –Charges Are Pressed Against Defendant –The Trial –The Sentence
13 Controversy Over Unfounded Accusations Rape is unique crime—credibility of victim –Safeguards must prevent honest mistakes and perjury/fraudulent allegations Must have corroborative evidence—rape kits, DNA, lie detector, hospital tests 1982: President’s Task Force ruled all tests for victim credibility in rape cases must stop
14 Accuser vs. Accused 6 th Amendment rights to wage a vigorous defense New Rape Victim Rights Legislation Several Defense Strategies –Eyewitness error –Deny it ever happened—attack victim credibility –It happened but consensual—she changed her mind after the event
15 Accuser vs. Accused Rape Shield Laws Force and Resistance –Reasonableness standard—degree of resistance that expresses non-consent can depend on circumstances Best Prevention Strategy—dual response defense –Calling out for help while simultaneously pleading with or threatening the attacker
16 Accuser vs. Accused Corroboration—not required unless: –Victim is a minor –Previously intimate with offender –Did not promptly report crime –Provides a version of events that is inherently improbable and self-contradictory
17 Arrest, Prosecution and Adjudication 50% not reported Reported if weapon used or injuries 35% of those charged will have charges dropped 3% will be acquitted 61% convicted—35%-prison, 10%-jail Negotiated plea often justified as it spares accuser having to recount the crime
18 Rape Crisis Centers 24-hour hotline Put victim in touch with advocates Accompany to hospital/police/prosecutor Arrange for counseling Trains CJ members Public education efforts Offers self-defense strategies
19 Rediscovery of More Rape Victims Wives raped by husbands –Wife has a right to say “no” –Forcible rape of a spouse—1 st law passed in South Dakota, 1975 –1990: every state provided no immunity if husband filed for divorced or separated –Occurrences not known—lack of reporting
20 Rediscovery of More Rape Victims Sexually Assaulted Males NCVS reported 125,000 male rape victims in 1973-1982 2-3% of reported rapes—male on male Prison Rape Reduction Act of 2003 –13% of inmates raped by males –Institutions put on notice they must detect, prevent and punish rape behind bars
21 Reducing the Threat of Rape: Three Approaches 1.Blame the victim (popular strategy of past—not today): Encourage females to not precipitate the crime through careless, reckless or provocative behavior 2.Blame the Offender: predators are source of problem—remove them from society
22 Reducing the Threat of Rape: Three Approaches 3. Sociological approach Rape outgrowth of social conditions, cultural themes about women as sex objects for sexual gratification –Real problem is patriarchal society –Deterrence through incarceration teaches men a lesson –Long term strategy is to deal with movies, music, magazines encouraging sexual behavior and must change attitudes about women