Legal Definition Of Rape Research Articles

RAPE CULTURE AND RAPE MYTHS ON FACEBOOK FANPAGE OF BILLBOARD: THE CASE OF KESHA AND DR. LUKE

This study explores the dynamics of rape culture and myths surrounding sexual assault through discussions on Billboard's Facebook fanpage, focusing on the case involving Kesha and Dr. Luke. Analysis of 1000 comments across four posts revealed that over half of the comments expressed support and empathy towards Kesha, while approximately a third blamed her. Supportive comments debunked rape myths, shared personal narratives, highlighted the complexities of sexual assault, and criticized Dr. Luke. These comments advocate victims and challenge harmful attitudes, suggesting the need to broaden societal and legal definitions of rape, foster constructive dialogues, and identify and challenge systemic issues that prevent victims from speaking out. In contrast, victim-blaming comments perpetuate rape myths by accusing Kesha of false accusations and non-conformity to gender norms. This study indicates that Facebook can emerge as a platform where individuals actively combat victim blaming and slut shaming, denounce hegemonic masculinity, and advocate for victims, illustrating its potential to foster constructive dialogues and challenge entrenched beliefs about sexual assault.

The Forms and Causes of Domestic Violence as Depicted in The Burdens and Black Mamba by John Ruganda

This paper examines the forms and causes of domestic violence in John Ruganda’s The Burdens (1972) and Black Mamba (1973). It is set to bring out how domestic violence affects characters in the plays and as well as people in society since it is a prevalent act in the universe. This paper establishes that domestic violence occurs in many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, kidnapping, unlawful imprisonment, trespassing, harassment) or threats thereof; sexual abuse, emotional abuse, controlling or domineering, intimidation, stalking, passive covert abuse (neglect), and economic deprivation. John Ruganda’s The Burdens expresses most forms of violence but physical assault stands out. The second issue is to establish the causes of domestic violence as explored in the two plays by John Ruganda. This paper has discovered that the bit of culture that accentuates domestic violence is inheritance. Black Mamba has a twist as far as the economic factors play a role in the cause of domestic violence. Economic factors are found to play a significant role in the causes of domestic violence. These factors include women’s economic dependence on men, limited access to cash and credit, discriminatory laws regarding inheritance, property rights, use of communal lands and maintenance after divorce or widowhood, limited access to employment in formal and informal sectors, and limited access to education and training for women. The legal causes include lesser legal status of women either by written law or by practice, inheritance, the legal definition of rape and domestic abuse, low level of legal literacy among women, and insensitive treatment of women and girls.

Defining Rape: The Problem with Consent

Rape is one of the most commonly reported crimes all over the world. It is a crime under both international and national law although it is still primarily prosecuted before domestic courts. The traditional common law definition of rape articulates three elements of the crime of rape; vaginal penetration, lack of consent and direct participation of the accused person. However, many jurisdictions are moving away from consent-based definitions of rape. Through a feminist lens, this paper explores the place of consent as an element of the crime of rape. It undertakes a comprehensive review of literature and case law and makes an analysis of the articulation of consent as an element of the crime of rape at both national and international levels. It establishes that the legal definition of rape has a significant impact on the prosecution of rape cases and on the victim of rape. If the definition is based on the need for the prosecution to prove the lack of consent, then the legal process is focused on her behaviour and reaction to the sexual assault. It concludes that a definition of rape based on lack of consent is problematic and hinders access to justice for rape victims and it is inconsistent with the contemporary understanding of rape as a crime of sexual violence.

Countering MacKinnon on Rape and Consent

Feminists are divided on whether consent should be employed in legal definitions of rape. Catharine MacKinnon has criticized the usefulness of consent in enabling legal systems to recognize and prosecute instances of rape (MacKinnon 1989, 2005, 2016). In a recent article in this journal, Lisa H. Schwartzman defends the use of affirmative consent in rape law against MacKinnon’s critique (Schwartzman 2019). In contrast to MacKinnon, Schwartzman claims our understanding of rape must include both force and consent components. In this paper, I will argue in agreement with Schwartzman and against MacKinnon that the legal definition of rape should include an affirmative consent component. I will take Schwartzman’s discussion as my point of departure and consider whether she has responded adequately to MacKinnon’s criticisms of consent. I will argue that her responses are not fully adequate. In particular, she has not successfully rebutted the argument that an appeal to consent is unnecessary once we have accepted an expanded definition of coercion. I will then provide a more affirmative defense of affirmative consent in response to MacKinnon’s most challenging criticism.

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.

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.

Exploratory Factor Analysis and Psychometric Properties of the Sexual Coercion Inventory

The purpose of the present study was to examine the psychometric properties of the Sexual Coercion Inventory (SCI; Waldner, Vaden-Goad, & Sikka, 1999), revised by the authors (SCI-R). Overall, 514 high school and college students from a Midwestern state completed the SCI-R. To complete the SCI-R, high school participants completed paper-pencil surveys with those younger than 18 obtaining parental consent; college students older than 18 completed computer-based and paper-pencil surveys. Exploratory factor analysis and reliability analyses were conducted to examine the validity of score interpretation and reliability of scores for the measure. Results suggested that a 13-item multidimensional measure consisting of two factors, Manipulation and Substance Use and Aggression, provided the best parsimony and theoretical fit. Examination of convergent and discriminant validity of scores provided additional psychometric support for the revised SCI-R, specifically pertaining to other measures of sexual victimization. The SCI-R may be a useful tool for researchers to explore manipulation tactics in more depth while also assessing and differentiating between victimization that meets legal definitions of rape and non-criminal sexual victimization.

‘I Think it’s Rape and I Think He Would be Found Not Guilty’

A legal definition of rape that exonerates an accused who ‘reasonably believes in consent’ is currently in force in a number of jurisdictions in the United Kingdom, Australia and New Zealand. Limited empirical research has investigated community and professional perceptions of the adequacy and scope of this definition of rape. The present study contributes to qualitative research on ‘reasonable belief in consent’ by analysing key themes from 11 focus group discussions with professionals working in the sexual assault sector (counsellors, health professionals, victim/survivor advocates and police officers), legally trained professionals and community members interested in rape law reform. Across these backgrounds, participants expressed dissatisfaction with this definition of rape because the scope for reasonable belief in consent was seen as overly broad. In particular, participants expected that jurors would draw on a presumption of ‘implied’ or ‘continuing’ consent between former sexual partners to find that belief in consent was ‘reasonable’ when the victim did not protest or resist the assault. As a result, many of our participants were critical that the rape definition effectively maintains the onus on a rape victim/survivor to unequivocally demonstrate non-consent. Participants advocated further law reform to give effect to a more ‘affirmative’ or communicative concept of consent.

Unacknowledged Rape: The Influences of Child Sexual Abuse and Personality Traits

Evidence supports that the majority of young women who experience sexual victimization that meets the legal definition of rape do not label their experiences as rape—this has been termed unacknowledged rape. In a sample of 77 young adult women, the odds of unacknowledged rape significantly increased as a function of less severe child sexual abuse histories and greater levels of dysfunctional personality traits. Potential explanations for these findings as well as clinical implications are discussed. Because of the potential psychological and societal consequences of unacknowledged rape, it is vital that researchers continue to examine this phenomenon.

Sexual Offences Against Female Child in India

Crime is not an offence against an individual only but against the society as a whole. In the present social context, children are more vulnerable to crime and it’s mandatory that the State should protect the life and liberty of its citizen especially the marginalized and weaker sections. But the proved ineffectiveness on the part of the State to curb the violence against children erodes the confidence in the rule of law. The neglect and indifference toward them during the investigation and subsequent prosecution help the offenders bypass penal provisions of law. The increasing rate of acquittal in offences against children shows that judicial responses towards child victims are not sympathetic. The provisions of the law relating to sexual assault against adult women, also apply to cases of child abuse. The legal definition of rape excludes several other forms of sexual assault and abuse that can injure the bodies and minds of children. The weakest among those who are marginalized and bearing the brunt of the onslaught on the poor are children, and especially female.“Sexual Offences” relating to rape and unnatural offences constitute an altogether different kind of crime, which is the result of a perverse mind. The perversity may result in rape or in homosexuality. Those who commit such crimes are psychologically sadistic person exhibiting that tendency in rape forcibly committed by them. An attempt has been made to examine statutory provisions, and critically evaluate Courts attitude towards such crimes. Female Children face all forms of sexual assault in India and offences against female child have reached an epidemic proportion. The number of child rape cases registered is indicative of sexual assault against the female child. A total of 48,338 child rape cases were recorded from 2001 to 2011. These include 2,113 cases in 2001 and 7,112 cases during 2011. The cases of child rape have been consistently increasing and India saw an increasing of 336% of child rape cases from 2001 (2,113 cases) to 2011 (7,112 cases). These are just the tip of the iceberg as the large majority of the cases of child rape are not reported to the police while female children regularly become victims of other forms of sexual assault too. Indian Children, who account for a staggering 42% of the country’s population, have long been the victims of some of the most brutal sexual crimes known to humanity. The lackadaisical attitude of the Union Legislature, the apathy of its law enforcement agencies and the conspicuous absence of any specialized legal framework to deal with cases of child sexual abuse have only played the role of transforming this bitter truth into a perennial reality that seems to have been passively solidified and strengthened by decades of State inaction, With the growing precedence of child trafficking, sex tourism, the devadasi system, prostitution, child pornography, incest and child rape, one is left horrified at the prospect that there is not a single legislation that specifically deals with the issue of child sexual abuse. A majority of sexual offences committed against female child are not even reported, let alone prosecuted. If any individual is brought to trial, conviction is unlikely as cases are very difficult to prove. Moreover, sexual abuse cases are usually tried in criminal Courts where defense Counsel tactics include postponements or adjournments and cross-examination techniques are designed to confuse and discredit the female child. As a result, offences of such type go unreported and even if they are reported the lengthy and cumbersome Court procedures give enough time to the offender to pressurize the female child to retract the statement.

Consent Culture and the Forgotten Law of Rape

The need for institutional reform to address the problem of sexual assault, particularly on college campuses, is widely acknowledged. Unnoticed, however, is a profound disconnect between cultural norms around sex and the legal definition of rape. The Model Penal Code and a majority of states still retain a force requirement, effectively consigning most rape — that is, non- stranger rape — to a place beyond law’s reach. Of special concern, the dominant statutory approach misconceives or overlooks entirely the role of consent, which has become central to popular and political discourses around sexual assault. In the midst of increasing moves on campus to codify affirmative consent standards (“yes means yes”), rape law remains mired in an archaic view of consent as rather beside the point. This Article recasts the significance of law’s preoccupation with force by introducing a taxonomy of cases in which force and non-consent tend to diverge. The no-force/no-consent cases raise a question critical to ongoing reform efforts: does the absence of consent make sex rape? Outside of law, this inquiry has for the most part been resolved; what remains is to reconcile competing interpretations of consent’s meaning. In stark contrast, the criminal justice system’s treatment of non- stranger rape reflects a doctrine woefully out of step with modern conceptions of sex. Sexual agency provides the theoretical underpinning needed to close this gap.

The South African Sexual Offences Act and Local Meanings of Coercion and Consent in KwaZulu Natal: Universal Human Rights?

Abstract:In 2007 South Africa's Parliament passed the Sexual Offences Act, which had been debated since 1999. The law includes a statutory provision with new legal definitions of rape and consent. Influenced by Western human rights ideology and vocabulary, the Sexual Offences Act represents one form of discourse in South Africa about sexual coercion and consent. By using ethnographic methods, this article examines the wide disparity between some of the state discourses about coercion and consent and local beliefs and practices about the meanings of these terms in the Zulu township of Mpophomeni. Proponents of South Africa's new democracy often ignore poor young women's and men's local understandings of rape and of the violence they encounter on a daily basis. Against this background, the article offers recommendations to improve the current law and its effectiveness.

“A most detestable crime”. Representations of Rape in the Popular Press of Early Modern England

In early modern England the legal definition of rape underwent an important revision and gradually, from crime against property, rape became a crime against the person. While reflecting the classical, medieval and biblical assumptions, the period brought about new concerns. The purpose of this article is to explore representations of rape in a variety of popular texts of the English early modern period, by focussing attention on broadside ballads, cheap pamphlets as well as accounts of trials that took place at the Old Bailey. These texts constitute valuable sources of information about people’s attitudes and beliefs and help us construct the views of rape circulating in early modern English culture.

Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia

The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 takes up the technology of classification in rape law in order to generate a radical legal definition of rape—one which responds to the pain and suffering of the survivor of rape, at the same time as it holds the legal institution before the law. This has important implications, it is suggested, not only for domestic legal systems but also the jurisprudence of rape in international criminal law.

Le viol un problème de société, un problème de santé publique

The French legal definition of rape was somewhat vague until the 1970s. In December 1980, the increased awareness created by the feminist movement led to a precise legal definition and to the possibility for self-help groups to participate in legal actions. In 1985, a telephone helpline was created after several rapes were following several rapes committed in public. Since 1986, more than 39 000 women have called this hotline. Other recent studies confirm the frequency of rape. Major advances have been made in recent years, in terms of justice for minors who are victims of rape (lengthening of the statutory limitation on sexual crimes) and healthcare provision (opening of refuges, medical-legal consultations, victim management centers, greater awareness among healthcare professionals, etc.). Women need to be better informed of the frequency of rape, its legal implications, rapists' strategies, mental disorders, and the physical (especially gynecological) repercussions of rape. Women must also be aware that the rapist is the only guilty party. Finally, a multidisciplinary strategy is needed, notably involving self-help associations and hospital units that deal with rape victims.

The Male Rape Survivor: Possible Meanings in the Context of Feminism and Patriarchy

This article covers a philosophical investigation into the possible meanings of rape for male survivors. The legal definitions of rape are investigated and the impossibility of male rape—from a legal, personal and social angle—described. An analysis of male rape in feminist theories and philosophies reveals that the dominant discourse on rape has the effect of silencing the voice of the male rape survivor. Prevailing social constructs about the perpetrator of male rape are challenged, and the physiological and psychological sequelae of rape described. A call is made for a conversation in which male and female survivors can participate and where the warrior psyche of the man can be transcended in order to facilitate healing.

Knowledge of post-rape procedures and guidelines among first-year female resident students at the University of the Free State

To the Editor : Rape is a serious violent crime. In South Africa in 1994, 44 751 rape cases were reported to the police, increasing to 54 926 in 2006. Of the rape victims in South Africa, a third are young girls. Investigations strongly emphasise the importance of rape educational programmes. Our investigation was conducted before the amendment of Act 32 of 2007 regarding the legal definition of rape and related sexual offences was accepted and implemented. We aimed to determine the knowledge of post-rape procedures and guidelines among first-year female students living in a residence on campus at the University of the Free State (UFS), and how/where this information was acquired; evaluate the efficiency of existing educational campaigns and programmes; and, if necessary, outline new programmes that could be implemented. Our study showed that the distribution of existing rape guidelines is inefficient. Respondents felt strongly that insufficient post-rape guidelines were available, and were eager to obtain adequate information. Since our sample consisted mainly of students who had recently matriculated, we concluded that precise post-rape guidelines should be addressed at school level.

Prospective lawyers’ rape stereotypes and schematic decision making about rape cases

Two studies explored stereotypic information processing in rape cases by prospective lawyers in Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant–complainant relationship and coercive strategy (force versus exploitation of the complainant's alcohol-induced defencelessness). Acceptance of rape myths was also measured. Likelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainant's defencelessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant–complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape stereotypes.

Prevalence and attitudinal predictors of child sexual offending in a nonforensic sample of South African high school males

Objective — The prevalence, and attitudinal predictors, of sexual aggression were examined in a non-forensic sample of South African high school males. Method — Survey questionnaires were administered to 446 males (aged 16 to 25 years) attending schools in the greater Durban area, South Africa. Results — A history of sexually aggressive behaviour was reported by 66.8% of respondents, with 17.5% reporting an act of sexual aggression that met the legal definition of rape or attempted rape. A multivariate analysis of variance indicated a significant relationship between sexually abusive behaviour and attitudes supportive of both sexual and physical aggression. Additionally, a tendency to attribute blame to the victim of sexual aggression and attitudes reflecting an internalised culture of violence significantly discriminated between respondents who committed rape/attempted rape, indecent assault, and crimen injuria. Conclusions — These findings indicate relatively high rates of sexual offending among South African high school males and suggest that primary prevention programmes are likely to be most effective if they target attitudes supportive of both sexual and physical violence.