Rape and Sexual Assault
Rape and Sexual Assault CMLGY 3301 31
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This 6 page Class Notes was uploaded by Gina on Friday September 23, 2016. The Class Notes belongs to CMLGY 3301 31 at Fairleigh Dickinson University taught by Megan Sacks in Fall 2016. Since its upload, it has received 4 views. For similar materials see Women and Crime in CRIMINOLOGY at Fairleigh Dickinson University.
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Date Created: 09/23/16
Rape and Sexual Assault o Rape is considered one of the big index 8 – meaning that it is deemed one of the most serious and prevalent crimes by the UCR o Rape is one of the oldest crimes, although it wasn’t always recognized as a crime The component of the crime have evolved substantially o The definition of rape and sexual assault has changed greatly o While rape is a very serious crime, the victim is usually blamed Victim blaming is most prominent in cases of rape and sexual assault Model Penal Code for Rape o Rape. A male has sexual intercourse with a female not his wife is guilty of rape if He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or He has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or The female is unconscious; or The female is less than 10 years old o This definition of rape is extremely troubling because it… Implies that if a man does any of this to his wife, it is not considered rape It is only considered rape if he gives her the intoxicant, so if the victim drinks voluntarily it is not considered rape It implies that if the victim is awake and not intoxicated, it is not considered rape It does not account for the assault of children between 10 and 18 It implied that rape is only the act of intercourse, discounting rape done with foreign objects or other forced sexual acts This also implies that rape can only occur between a man and a women, with the women being the victim. This discredits all cases of same sex rape, and rape of men o Comparing New Jersey’s Sexual Assault Statute Rape and Sexual Assault The law covers people who are mentally incapacitated due to physical/mental diseases or illness which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct The language is wrong when they refer to the actor as he, but it does leave room to refer to any gender The law is giving primary help to victims who are younger o It’s trying to differentiate between rape and statutory rape o Statutory rape – the intent does not matter in this case, if you commit the crime you’re guilty no matter what New Jersey has done a good job of modernizing their laws o These evolved laws show us that our laws have evolved It gets rid of the martial aspect It’s not longer just intercourse, any type of penetration is assault The definition of rape has been broadened The definition of the victim has expanded, it’s not longer just women The notion that the victim must resist physically is somewhat being phased out o This case is a bit murky, reference the Brock Turner case Statistics o An assault or attempted assault occur about every 2 minutes o Rape is extremely underreported One of the most underreported crimes Only 40% are reported (this is only an estimate) o 15 – 20% of all women will be sexually victimized in some way, shape, or form o 20 – 25% of women on college campuses will be sexually victimized in some way, shape, or form Rape and Sexual Assault This higher chance of sexual assault occurs because o it’s easier for someone to pick out a target because of the fixed routine o Party culture – more people are incapacitated due to drugs and alcohol o Fraternal school have higher rates of victimization o When you have fraternity houses or sports houses the culprit has higher access to victims – there’s more drinking in the house o Stranger rape is not more common o Acquaintance rape accounts for 65% of rapes o Rape is a crime that is easier to commit in a private environment Privacy ensures better conditions for sexual assault Sexual Assault and Prosecution o It is very difficult to prosecute a rape in the court o The rape kit must be collected and analyzed immediate after collection o Most people don’t want to submit to a rape kit test, it’s invasive and painful for the victim Most victims just want to shower, close their eyes, and pretend that it never happened o For some victims, closure comes from never reporting their rape o These are difficult to prove without substantial evidence o Funnel of criminal case processing At every step of the criminal court process, you lose a number of cases This occurs because the persecutor can drop a case right off the bat, when they’re presented to them Out of the cases that are taken, the prosecutor will start downgrading them (from felony to criminal misdemeanor) Rape and Sexual Assault People can pleaded out of the system Conditional discharge: if a person pleads guilty to a minor crime and then discharged from the system for a year. If you do not get in trouble for the year, you are completely discharged from the system. Only 3 – 5% of cases go to trial, and even out of those cases, some of them can be acquitted. o This number of cases is even lower, since there are less cases to begin with Most people aren’t caught in the act of rape Out of the 40% of cases reported, only half of those are arrested and brought through the case process o Only ¾ of that half are going to be prosecuted o This leaves only about 12% of cases prosecuted, with only 60% of the rapists are convicted o Of this amount of rapists convicted, only 70% of them will spend time in prison o Only about 4 – 5% of sexual offenders are going to do time The moral of the story is that very few sexual offenders will actually be convicted and spend time in jail or prison o Why are only half of the people prosecuted? Prosecutors don’t like he said she said cases, which is what sexual assaults are This happens because it’s hard to convict these types of cases, and prosecutors only really like taking definite cases Sometimes there just isn’t enough evidence If it’s a case of stranger assault Racial Differences in Sexual Assault o Minority women are less likely to report sexual assault If they’re illegal immigrants, they may be deported They don’t trust/like the cops (with fairly good reason) Rape and Sexual Assault In some groups, there’s an expectation to keep things quiet Sometimes there are language and communication barriers Kobe Bryant Case o 2003 – charge with sexual assault by a woman who claimed he did it before o He claimed it was consensual sex, not rape o The media coverage of the case was very extensive the year before the case o Most sexual assault cases won’t receive media attention, but the ones that do will skew our perception of these cases (primarily celebrity cases) o Dropped by the DA before the trial o The victim refused to testify (because of her information being leaked) o The victim was not protected, all of her information was leaked o The victim was demonized, adamantly hated by the public o What was heard in the Kobe Bryant case He wasn’t the type to do it – he’s an all star athlete, he doesn’t need to rape someone to have sex, he was married to an extremely attractive wife The fans couldn’t break their loyalty to him – our culture loves athletes, celebrities o We’ll never actually know Steubenville Case o Steubenville, Ohio – a very strong sports culture o A 16 year old girl is sexually assault at a party o The assault, a majority of it, was recorded and distributed across media platforms Rape and Sexual Assault o Trent Mays and Ma’lik Richmond Trent Mays (17) – 1 year in juvenile Ma’lik Richmond (16) – 2 years in juvenile – required to register as a sexual offender for 20 years after his release – given a longer sentence because he was charged with distribution of child pornography They could’ve been tried as adults in this case o There was a lot of media discussion about how their futures were ruined by this case – their records were sealed, which you need a court order to open o This is an extremely depressing case – the boys laughed about it because they thought they were untouchable, and the media talked nothing about the toll the case took on the victim, the judge blamed their actions on the alcohol Rape Myths o The victim wanted it o It was the victim’s fault o The victim deserves it The culprit wasn’t the type to do this type of thing