Definition Of Rape Research Articles

Rape, Intoxication and the Concept of Consent

AbstractIn this article the applicability of the concept of consent is examined in rape cases where the complainant is voluntarily intoxicated. Consent has been at the core of the offence of rape in England for quite some time and the applicability of the concept in such cases in England is examined. The article argues that the concept of consent has not been adequately able to address cases of voluntary intoxication in England, demonstrating that the concept of consent is particularly problematic when it comes to such cases, both due to its ambiguous meaning and its subjective nature. It is furthermore argued that a coercion-based definition of rape, which the Nordic countries have all until recently adhered to, may provide for a more workable yardstick in cases of voluntary intoxication. The recent introduction of a consent-based definition of rape in Swedish and Icelandic law is examined along with how it applies to cases of voluntary intoxication. The article concludes that although both Sweden and Iceland have recently amended their rape laws as to include consent-based definitions of rape, both countries have in effect adhered to a coercion-based model when it comes to cases of voluntary intoxication, relying on yardsticks focusing on the physical.

The Impacts of International Rape Laws Upon Official Rape Rates.

Relying on the official rape rates, previous cross-national researchers found a significant and positive relationship between gender equality and the rates of reported rapes, and they used such findings as supporting evidence of the backlash hypothesis that increased gender equality leads to augmented violence against females. However, such a conclusion may be faulty because of the contested validity and reliability of the official rape rate. This study examined how the variation in a comprehensive legal definition of rape is associated with the rates of reported rapes across 74 countries by using the rates of reported rapes from the United Nations Office of Drugs and Crime. The regression analysis suggests that the comprehensive legal definition of rape, more than a country's gender equality and developmental level, is related to the official rape rate. A country records a high official rape rate when the country includes a broad range of sexual assaults in the category of rape crime, suggesting a reevaluation of the existing studies on this topic.

The Rapes Committed against the Yazidi Women: a Genocide?

Rape has been used as a tool of war throughout the history of mankind. With the establishment of the International Criminal Court, rape was included in the Rome Statute, being internationally recognized as a war crime, a crime against humanity and a means to commit genocide. The Islamic State of Iraq and Syria, in its war to establish the caliphate, has carried out a campaign of sexual violence against women of religious minorities such as the Yazidi. This article examines the evolution of the definition of rape in International Criminal Law and applies the current definition to the crimes committed by ISIS against the Yazidi. The study assesses the elements of the actus reus of genocide and considers that the actions carried out by the Islamic State towards the Yazidi could qualify as a genocide by means of rape.

The Assessment of Forced Penetration: A Necessary and Further Step Toward Understanding Men's Sexual Victimization and Women's Perpetration.

A unique form of sexual victimization that often goes undiscussed and, therefore, underassessed is that of being forced to penetrate another person (i.e., forced penetration). Due to forced penetration being a relatively novel addition to the definition of rape, there is a lack of assessment tools that identify forced penetration cases. Thus, the goal of this study was to assess the utility and validity of new items designed to assess forced penetration. More than 1,000 participants were recruited across three different studies to assess forced penetration victimization and perpetration. The rate of forced penetration victimization ranged from 4.51% to 10.62%. Among men who reported victimization of any type, 33.8% to 58.7% of victimized men reported experiencing forced penetration across the samples, suggesting this experience is common. All new and unique cases of sexual victimization identified by the forced penetration items were those of heterosexual men. These findings suggest that assessing for forced penetration would increase the reported prevalence rates of sexual victimization, particularly in heterosexual men (and correspondingly, rates of perpetration in women).

Limitations of the Ordinary-Crimes Approach to the International Crime of Rape: the Case of Uganda

Abstract Not many states have effective national laws on prosecution of international crimes. Presently, of the 124 states parties to the Rome Statute of the International Criminal Court (Rome Statute), less than half have specific national legislation incorporating international crimes. Some faith has been placed in the ordinary-crimes approach; the assumption being that states without effective laws on international crimes can prosecute on the basis of ordinary crimes. This article assesses the practicality of this approach with regard to the crime of rape in Uganda. Based on this assessment, the author draws a number of conclusions. First, that there are glaring gaps in the Ugandan definition of rape, making it impossible for it to be relied on. Secondly, although national courts have the option to interpret national laws with a view to aligning them with international law, the gaps salient in the definition of ordinary rape are too glaring; they cannot be remedied by way of interpretation without undermining the principle of legality. Thirdly, prosecuting the international crime of rape as an ordinary crime suggests that approaches applicable to the prosecution of ordinary rape will be invoked. Because these approaches were never intended to capture the reality of the international crime of rape, the ordinary-crimes approach remains illusory.

Revisiting Eigenberg's prison rape model with criminal justice majors

ABSTRACT Prison rape can result in profound physical and psychological damage to inmates. Despite the 2003 Prison Rape Elimination Act, prison rape incidents in the US have increased over 15 years. Previous research results have demonstrated that correctional officers who endorsed rape myths failed to enforce regulations, and they were apt to engage in sexual misconduct or sexual harassment directed toward inmates. It has been almost two decades since Eigenberg ([2000a]. Correctional officers’ definitions of rape in male prisons. Journal of Criminal Justice, 28, 435–449) presented the mechanism explaining prison rape myths (PRM) among correctional officers. The present study revisits Eigenberg's (2000a) prison rape model using the survey data from 446 criminal justice (CJ) majors, 119 of whom expressed their interest in corrections as a desired career. For the most part, the findings in this study confirm that Eigenberg's (2000a) model is applicable to the PRM of CJ majors. However, no education effect in relation to PRM was found. Implications for recruitment, training, and education, as well as avenues for future research, are then discussed.

Jarimah Zina dan Pemerkosaan dalam Qanun Jinayat Aceh: Analisis Perumusan Metode Istinbath

This research is an attempt to find out and formulate the method of such used in drafting Qanun Jinayat Aceh in particular about Jarimah (crime) zina and rape. The research on the two networks is limited to three variants, namely definitions, actors, and ‘uqubat. The theory used is the method of such lughawiyah, ta'liliyah, and istislahiyah. The lughawiyah method is reasoning against the evidence by resting on the meaning of harfiyah pronunciation. While the ta'liliyah method is a reasoning method that refers to ' Illat. While the method of Istislahiyah is reasoning that refers to the benefit. The results of this research proved that the formulation of legal norms set in Qanun Jinayat Aceh, especially in the network of zina and rape and three variations can be accountable methodologically. Definition and adultery are formulated using ta'liliyah method with the approach ' Illat tasyri'i. While the ‘uqubat zina is formulated using the method of Lughawiyah with the meaning of mantuq or ibarat an-nash. Then the definition of rape is formulated using the method of Istislahiyah. Whereas rape perpetrators use Lughawiyah method with a mafhum mukhalafah approach. While ' uqubat rape uses the method of Istislahiyyah.
 DOI: https://doi.org/10.5281/zenodo.3672381

Jarimah Zina dan Pemerkosaan dalam Qanun Jinayat Aceh: Analisis Perumusan Metode Istinbath

This research is an attempt to find out and formulate the method of such used in drafting Qanun Jinayat Aceh in particular about Jarimah (crime) zina and rape. The research on the two networks is limited to three variants, namely definitions, actors, and ‘uqubat. The theory used is the method of such lughawiyah, ta'liliyah, and istislahiyah. The lughawiyah method is reasoning against the evidence by resting on the meaning of harfiyah pronunciation. While the ta'liliyah method is a reasoning method that refers to ' Illat. While the method of Istislahiyah is reasoning that refers to the benefit. The results of this research proved that the formulation of legal norms set in Qanun Jinayat Aceh, especially in the network of zina and rape and three variations can be accountable methodologically. Definition and adultery are formulated using ta'liliyah method with the approach ' Illat tasyri'i. While the ‘uqubat zina is formulated using the method of Lughawiyah with the meaning of mantuq or ibarat an-nash. Then the definition of rape is formulated using the method of Istislahiyah. Whereas rape perpetrators use Lughawiyah method with a mafhum mukhalafah approach. While ' uqubat rape uses the method of Istislahiyyah. DOI: https://doi.org/10.5281/zenodo.3672381

Rationale of Evaluation of Potency in Medicolegal Cases of Sexual Assault by Penile Color Doppler with Injection of Papaverine.

Introduction: Impotency in male is inability to develop or maintain a sufficient penile erection to conclude the act of intercourse to orgasm and ejaculation. The question of potency arises in many lawsuits in civil and criminal courts. In India, potency testing which includes penile color doppler with injection papaverine is done for all accused of sexual assault as a blanket rule. Penile color doppler with injection papaverine has its own limitations and side effects. Our study therefore aims to analyze and ascertain the justification of subjecting each accused of sexual assault to penile color doppler with injection papapverine.Aims and Objectives:1. To analyse whether evaluating potency in every medico legal case of sexual assault referred to our department using color doppler with injection papaverine is justified.2. To recommend changes based on our study.Method: This study is a retrospective analysis of data of 166 accused of sexual assault, between the period of May 2015-April 2018. Baseline ultrasound and penile color doppler assessment of erection following papaverine injection was done.Results: Procedure was performed on 166 accused of sexual assault, of whom the, 3 (1.80%) had arterial insufficiency. 6 (3.61%) accused on whom the procedure was performed developed priapism as complication. The rate of complications was found to be double than the positive result of the procedure.Conclusion: We conclude from our study that, due to limited role and complications of penile doppler and change in the definition of rape and laws related to it, overburdened health infrastructure of our country, every accused of sexual assault should not be subjected to penile color doppler study

Consent in Marriage: A Radical Feminist Analysis of Pakistani Law

Marital rape is not a recognized offense in the Islamic Republic of Pakistan. The legal definition of rape, as amended in 2006, defines the victim of rape as a woman, thereby opening room for judicial interpretation to criminalize rape within marriage. Despite this, there have been no reported cases of marital rape in Pakistan. Using the radical feminist lens, it is argued this is because the current law fails to comprehend the unreality of a wife’s ‘consent’ to sex in marriage. Under Shariah, a wife has an obligation to sexually submit to her husband, whereas the legal, social and economic inequalities prevalent within marriage also oblige her to have sex. Neither precludes legally valid consent. A reconception of marital rape based on sex inequality is required.

ANALISIS PENGGUNAAN DIKSI PADA PASAL 480 TENTANG POLEMIK RANCANGAN UNDANG-UNDANG KUHP (RUU KUHP) DI INDONESIA

The rejection of the RKUHP is voiced throughout the country. In the demands of students, the RKUHP was canceled. The emergence of RKUHP became a controversy so there was a lot of resistance from the community. One of the bills is expanding the definition of rape. In RKUHP, rape occurs as long as there is male to female violence. "Including rape and criminal offenses as referred to in paragraph (1) includes acts of: a. Intercourse with someone with his consent, because the person believes that the person is a legitimate husband / wife". Thus reads Article 480 paragraph 2 ". That definition, a husband can rape his wife. With the condition that the wife does not want to have intercourse and the husband will use violence When compared to the Criminal Code used today, there has been a shift in the definition of rape. Because, "rape" in the RKUHP can be done by a legitimate partner. While in the Penal Code, rape occurs when the perpetrators and victims are not bound by marriage. The method used is the use of diction in the written language. Formulation of the problem 1) How is the husband and wife's response to the polemic of RKUHP article 480. 2) How is the use of the rape diction in the Law? The results of the study can be concluded that, the responses of some respondents with the status of husband and wife are not supportive of the ratification of the Act, because there is no word of rape in marital ties, and has been regulated by the law on sexual violence in the household. The use of diction section article 480 in terms of accuracy, accuracy, harmony is not fully applied to the criteria for using diction. In the controversy article 480 verse 2 that uses the word multi-interpretation it should be reviewed. The word rape, including the popular diction, is inappropriate for article 480 paragraph 2. According to the government RKUHP article 480 paragraph 2 is an article that protects women. But the reader's point of view, in the relationship of husband and wife there is no term raping.

Towards a Contextual Definition of Rape: Consent, Coercion and Constructive Force

AbstractThis paper considers ‘consent‐based’ and ‘coercion‐based’ models of defining rape. It argues that the ability of these models to adequately protect against violations of sexual autonomy is dependent on their engagement with the broader circumstances within which sexual choices are made. Following an analysis of both models it is argued that attempts to contextualise consent and coercion are often undermined by evaluative framings that encourage scrutiny of the complainant's actions at the expense of engagement with the broader circumstances. This is particularly problematic where rape occurs as a result of non‐violent coercion and the victim does not verbally or physically demonstrate their lack of consent. The paper draws on United States military law and argues that the doctrine of constructive force, which has been used to deal with non‐violent coercion in these contexts, has the potential to progressively reshape our contextual and evaluative framings in domestic contexts.

After POCSO act, is there need to change the Medico-Legal opinion in sexual assault?-A case report

Sexual offence is a heinous crime committed since time immemorial. With ever increasing population and decreasing moral values in the society, no age of the victim remains safe from the perpetrators of such crime. Home was thought to be the safest place where family members were guarding against sexual offences. Here, the authors present a case where a two years old female child was sexually assaulted then murdered inside her own home by her own family member. After so called Nirbhaya case, the Parliament forced to enact POCSO Act under tremendous public pressure. The POCSO Act widens the very definition of Rape under Section 375 IPC. Most of the Indian Forensic Medicine Textbooks have incorporated the changes/amendments in their subsequent editions but rarely touched the critical changes made in the section of punishment. Previously, medico-legal opinions in alleged rape cases were solely based upon the evidence of sexual intercourse, rather than legal definition of rape i.e., mere penetration or touching of penis into vagina. However, considering the division in sexual assault with varying punishments under POCSO Act, is it become necessary to change the standard medico-legal opinions in sexual offence cases? The present paper highlights the issue.

Defining Rape

Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such a critique, and she reframes rape as a matter of gender inequality. However, rather than rejecting the force/nonconsent dichotomy, MacKinnon focuses exclusively on force, which she thinks can be reconceived to include inequalities. Considering the #MeToo movement and feminist efforts to use Title IX to address campus rape, I argue that the concept of consent is more flexible than MacKinnon suggests and that “affirmative consent” can challenge this liberal model. In requiring active communication, affirmative consent shifts responsibility for rape, opens space for women’s sexual agency, and allows for the transformation of rape culture. Thus, I argue that rape should be defined by the use of force, the lack of affirmative consent, or the presence of both elements.

Conceptualizing the role of consent in the definition of rape at the international criminal court: a norm transfer perspective

ABSTRACTOver the past three decades, international criminal legal standards on sexual and gender-based violence have developed rapidly, sparking debate within feminist circles over the extent to which these developments might be relevant to domestic contexts in a process termed “norm transfer.” Indeed, non-governmental organizations and feminist scholars have called for domestic adoption of the International Criminal Court (ICC) definition of rape due to its omission of the element of the absence of consent. However, the place of consent in an international criminal definition of rape is a hotly contested topic, with disagreement as to whether rape in conflict should be considered “exceptional” or a continuation of everyday violence against women. This article provides a new lens through which to explore these questions by situating the feminist strategy of norm transfer within the complementarity-based system of the ICC. It uncovers a number of gaps within the ICC definition that raise questions not only about the status of the definition as a candidate for norm transfer but also about the robustness of the definition itself. The article concludes by considering the role of consent as an implicit element within the ICC definition and its operation as a defense.

The Opposite of Unnatural Intercourse: Understanding S 377 Through S 375

S 377 has again become a hot topic of debate with the Supreme Court recently deciding to set up a Bench to hear challenges to its constitutionality. I focus upon one particular argument in the curative petition, which claims that the change in the definition of rape in s 375 of the IPC has an impact on what can be considered criminal under s 377. I shall argue that the law's change in the definition of rape reflects the manner in which societal understandings of sex itself have evolved, because rape is often defined in contrast to the 'regulative ideal' of 'ordinary' sexual intercourse. Further, this will demonstrate that merely going Naz Foundations's way of restricting the application of s 377 to non-consensual 'unnatural' intercourse is not enough. In order for the new s 375 to make sense, there is no option but for s 377 to be radically reinterpreted.

Rape myth acceptance and rape acknowledgment: The mediating role of sexual refusal assertiveness

Unacknowledged rape, defined as when an individual experiences an event that meets a legal or empirical definition of rape but the individual does not label it as such, is prevalent. Research examining predictors of rape acknowledgment is needed. Sexual assertiveness may be an important variable to consider, as an individual's typical behavior during sexual situations may influence rape acknowledgment. To assess the indirect effect of rape myth acceptance on rape acknowledgment through sexual refusal assertiveness, an online survey of 181 female rape survivors was conducted. The indirect effects of two types of rape myths (He didn’t mean to and Rape is a deviant event) were significant and positive. Specifically, acceptance of these two rape myths was negatively related to sexual refusal assertiveness, which was negatively associated with likelihood of rape acknowledgment. The results of this study indicate that sexual refusal assertiveness is associated with lower likelihood of rape acknowledgment among rape survivors. As a result, it appears that, under certain circumstances, women high in rape myth acceptance may be more likely to acknowledge rape when it results in decreased sexual refusal assertiveness.

What Makes It Rape? A Lay Theories Approach to Defining Rape Among College Students

ABSTRACTRecent changes in the U.S. Justice Department’s definition of rape have renewed its public attention. The present study applied a lay theories approach to the assessment of what college students currently think about rape. Participants (n = 272) defined rape in their own words; responses were qualitatively analyzed and prominent themes identified. Major themes included the physicality of rape and the victim’s response; minor themes included the potential for victims to be physically harmed and rape’s gendered nature, among others. These findings provide insight into how this demographic conceptualizes and theorizes rape, which is an important step in reducing its prevalence.

Factors associated with reporting of sexual assault among college and non-college women

PurposeThe purpose of this paper is to examine factors impacting college and non-college women reporting sexual assault to police. The goal is to increase knowledge regarding differences in the rates of reporting and reasons for reporting across these two groups.Design/methodology/approachParticipants were drawn from a national telephone survey of US women and a sample of US college women. Bivariate and multivariate analyses were conducted to determine factors influencing the reporting of sexual assault to police.FindingsNon-college women were more likely than college women to report to police. Women who perceived their victimization as rape were much more likely to report to the police and women who had contact with a helping agency were also much more likely to report their assault. Contacting a helping agency is more relevant to non-college women’s reporting to police, while considering the assault a rape is more important for college women.Practical implicationsThe results suggest that significant work is needed to encourage women in college to view sexual assaults as worthy of reporting. Boosting victim awareness and access to services is paramount. Providing education and empowerment to student victims to inform their perceptions about the definition of rape is vital, as women perceiving sexual assault as rape are more likely to report the incident.Originality/valueThe research significantly adds to the literature indicating differences in rates of reporting and the factors that impact reporting uniquely for college vs non-college women.

The opposite of unnatural intercourse: understanding Section 377 through Section 375

ABSTRACTS 377 has again become a hot topic of debate with the Supreme Court recently deciding to set up a bench to hear challenges to its constitutionality. I focus upon one particular argument in the curative petition, which claims that the change in the definition of rape in S 375 of the IPC has an impact on what can be considered criminal under S 377. I shall argue that the law’s change in the definition of rape reflects the manner in which societal understandings of sex itself have evolved, because rape is often defined in contrast to the “regulative ideal” of “ordinary” sexual intercourse. Further, this will demonstrate that merely going Naz Foundation’s way of restricting the application of S 377 to non-consensual “unnatural” intercourse is not enough. In order for the new S 375 to make sense, there is no option but for S 377 to be radically reinterpreted.