Rape is an assault by a person which involves sexual intercourse with another person without having that persons consent. The term is often used interchangeably with sexual assault, a closely related form of assault typically including rape and various forms of non-consensual sexual activity. Although some jurisdictions define “rape” cover only acts involving penile penetration of the vagina, while treating all other types of non-consensual activity as sexual assault.
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For a case to be considered rape, there must not be any form of consent by the accuser. The absence of consent to sexual intercourse must not have been expressed, but the absence of rejection does not of itself constitute consent. If consent is given under duress, then it is not given freely or willingly and sex with a person under duress is also considered rape. Duress in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in the absence of objection to intercourse, leads to the presumption of lack of consent.
There are several types of rape categorized to the situation in which it occurs, identity or characteristics of the perpetrator. There are but not limited to, nine types of rape. Those types include date rape, incestuous rape, child sexual abuse, prison rape, war rape, and statutory rape. In this paper, I will give a brief example of each. Date rape is usually committed by someone who knows the victim. Spousal rape is rape between a married or defacto couple. Defacto is a Latin expression that means fact. Gang rape occurs when a group of people participate in the rape of a single victim. Gang rapes usually involve alcohol or drug use. Rapes of a child is a form of child sexual abuse. Sometimes a rape is committed by another child and is often referred to as child on child sexual abuse. When committed by a parent or other close relative, it is a form of incest and can result in serious and long term psychological trauma. Statutory rape includes forced sex on a minor. Statutory rape could also include carnal knowledge of a girl, with or without her consent. The critical factor for statutory rape is the age f the victim, an arbitrary legal cutoff point which a girl is believed not to have the maturity to consent to intercourse or even understand the consequences. Prison rape is simply explained as a rape in prison which are usually same sex crimes. Age limits vary from state to state but most set the limit at 16 or eve 18. Thus if an adult male engages in sexual intercourse with a minor female, he may be convicted of statutory rape.
There is no single theory that can conclusively explains the motivation for rape; the motives of rapists can be a variety of reasons and are subject to debate. Several of those factors include: anger, a desire for power, sadism, sexual gratification, and evolutionary pressures. Why people rape is the question that people throughout the world would like the answer to. According to psychologists, rape is caused by some psychological illness within the offender. Sociologists however, believe that rapists are relatively normal people and do not have psychological problems. Sociologists view rape in a couple different ways. Some believe that rape is due to an expression of gender inequality while some sociologists believe that rape is attributed to permissiveness, sexually, within society. Keep in mind that the victim does not have to be penetrated to be raped; the perpetrator can use objects or their hands to stimulate the genitals. They often sometimes use drugs or hypnosis to incapacitate the victim.
Psychologists and others within the field of psychology strongly believe that those who rape are either emotionally disturbed or have personality defects. They do not believe that rapists are ‘insane’, but believe that rapists have problems that impair them in relationships when under stress through sexual violence. Some other psychologists believe that rape is caused by a sexual addiction. The average psychologists will state that a rapist is a man who had childhood experiences that were relatively difficult to deal with and now they cannot relate to women in a successful manner which ultimately is a defect called sexual inadequacy. This theory however, only applies to very few cases of rape.
According to some sociologists, it is sexual permissiveness that causes rape. In societies that are more sexually permissive, men take rejection from women personally which results in severe frustration which forces them to rape women. Other sociologists refer to the feminist theory of gender inequality when discussing rape. Feminists believe that men rape women as an expression of male dominance over women, which is a result of society’s long time sexual inequality. Therefore rape is used to intimidate women and to keep them in their ‘place’. There certainly is evidence of this theory. Throughout the world, it is clear that majority of recorded rapes involve men as the rapist. Men also are usually more powerful physically, politically, and economically than women. This would prove that rape truly is an expression of power and dominance over women. Rape is not always done for sexual gratification of the perpetrator. Blackmail, punishment, curiosity, money and power are all motives for rape as well as sex.
All of the motives behind rape can be categorized into two theories; psychological and non-psychological. Why men rape women and vice versa? What kind of person would commit a rape? What kind of gratification does someone gain by forcing themselves on someone? Are rapists mentally disturbed? These are just some of the questions that many of us have in regards to rape. Demographic findings show that rapists under the age of 25 account for 45.8 percent of those arrested, and 16.7 percent were actually under the age of 18. Another finding that many men accused and convicted of rape have been in perpetual conflict with society, long before the current rape offense. Therapists have been considered by many clinicians that they are victims of uncontrollable urges, or the recipient of a “disordered personality”. Four fundamental causes for rape behavior have traditionally attributed to the assumptions of any rape occurrences. They are (1) uncontrollable impulses or urges, (2) mental illness or disease, (3) momentary loss of control precipitated by unusual circumstances, and (4) victim instigation. Uncontrollable impulses refers to psychological state wherein the normal restraints of self-control are substantially reduced or virtually eliminated by an overwhelming sex drive. Some psychologists believe that mental illness is a symptomatic of some deep-seated sickness or mental distortion. A third popular belief, drug attribution states that we can loose control of one’s urges in certain situations such as through the use of drugs or alcohol. The fourth belief is called victim attribution contends the victim has in some way led the perpetrator until temptation. According to psychologists, rape is caused by some psychological illness within the offender. Sociologists, however, believe that rapists are relatively normal people and do not have psychological problems. Sociologists view rape in a couple different ways. Some believe that rape is due to an expression of gender inequality while some sociologists believe that rape is attributed to permissiveness, sexually, within society.
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Psychologists and others within the field of psychology strongly believe that those who rape are either emotionally disturbed or have personality defects. They do not believe that rapists are ‘insane’, but believe that rapists have problems that impair them in relationships when under stress through sexual violence. Some other psychologists believe that rape is caused by a sexual addiction. The average psychologists will state that a rapist is a man who had childhood experiences that were relatively difficult to deal with and now they cannot relate to women in a successful manner which ultimately is a defect called sexual inadequacy. This theory however, only applies to very few cases of rape.
According to some sociologists, it is sexual permissiveness that causes rape. In societies that are more sexually permissive, men take rejection from women personally which results in severe frustration which forces them to rape women. Other sociologists refer to the feminist theory of gender inequality when discussing rape. Feminists believe that men rape women as an expression of male dominance over women, which is a result of society’s long time sexual inequality. Therefore rape is used to intimidate women and to keep them in their ‘place. There certainly is evidence of this theory. Throughout the world, it is clear that majority of recorded rapes involve men as the rapist. Men also are usually more powerful physically, politically, and economically than women. This would prove that rape truly is an expression of power and dominance over women.
The theory that I feel best suits rapists would be the expectancy theory. Julian Rotter is best known for this theory in which she believes that the offenders are well aware of the consequences, including what they will gain from it. Rotter believes that the only reason that certain patterns of behavior occurs will depend on the outcome and the offenders expectancies. Basically,expectancy theory argues that a person’s performance level is based on their expectations that behaving in a particular way will lead to a given outcome.
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