Social learning perspective suggests that offenders learn sexual aggression through direct association or interaction with others who engage in certain kinds of behaviour or express norms, values, and attitudes supportive of sexual violence. There is evidence that about 45 percent of rapists were sexually victimized as adolescents. Moreover imitation can be linked to rape crimes too. Imitation refers to the engagement in behaviour after the direct or indirect (media, films) observation of similar behaviour by others (Akers & Jensen, 2009).Watching how women get beaten, raped and humiliated can be a trigger to imitate the same situation. For example the case where boy raped 10 years old girl after watching TV coverage of the case in which a woman was similarly raped (Siegel, 2009).
Although most criminologist don’t believe that rape is sexually motivated but most of rape statistics reveal that rapists choose young, approximately the same age, attractive victims. Moreover data show that young rapists are more violent but older rapists tend to harm their victims more, implying that young offenders seek sexual gratification in sexual intercourse while older offenders rape for motives like power, control and dominance (Siegel, 2007).
Rape is a frequent crime. The true extent of rape is unknown, though available data suggest that one in four women can experience sexual violence by people they know in their lifetime. Estimations of the number of women raped in the UK every year range from 47,000 to 100,000. According to data in UK in 2008 - 2009 3% of adults had experienced at least one form of since the age of 16. This included 5 % of women experiencing at least one form of “serious sexual assault” and 1 % of men (MacLeod, Kinver, Page & Iliasov, 2009). More than half - 56 % of adults had experienced at least one form of ’ were assaulted by their partner. Nine in ten - 90% said the offender(s) was male and 8 % said the offender(s) was female. In 2009 – 20010 9 % of adults had experienced at least one form of ’ since the age of 16. This included 15% of women and 3% of men. Data shows that sexual offences recorded by the police increased between 2008/09 and 2009/10 by 6%. Within this category, there was a 7% increase in most ‘serious sexual crime’ since 2008/09 and a 2% increase in ‘Other sexual offences’ over the same period. It is worth to mention that crude statistics of crimes known to the police can provide an uncertain indication of what is really happening because they are governed by the proportion of incidents actually reported but rape cases are very often not reported (Flatley et al. 2010).
Rape is a serious crime that causes harm economically, physically and emotionally. It is described as ‘the beginning of a nightmare’ (Easteal, 1992). According to NBSACS (New Britain Sexual Assault Crisis Services) rape costs about 127 billion per year, 87,000 per rape, this includes medical expenses, wage losses and quality of life losses (Gromisch, 2009). The impact of rape to victim can be categorized to emotional, physical and behavioural. Emotional harm is linked to depression, fear, anxiety, lack of trust, withdrawn, shame, self - blame (greater for acquaintance rape victims), guilt, humiliation and betrayal (for marital rape) (Easteal, 1992). One of the most harmful emotional outcomes of rape is post – traumatic stress disorder (PTSD) which causes victims emotional numbness, detachment, selective amnesia, avoiding certain situations and places, lack of interest in activities, concentration problems and irritability (Wasco, 2003). Data shows that about 3.8 million adult women have PTSD related to rape. In addition, 211,000 women develop PTSD every year. As a result of this disorder, rape victims are 13.4 times more likely to have alcohol related problems, and 26 times more likely to have drug using problems. In addition, rape victims with PTSD are nine times more likely to attempt suicide (Gromisch, 2009).
Physical harm is linked to headaches, muscle tension, gastro - intestinal upset, genitourinary complaints, pregnancy, disease, injuries. Behavioural harm is linked to suicidal actions, anorexia, alcohol and drug addiction (drinking, getting high to relieve emotional suffering), isolation (for marital rape), eating disorders, sleeping disorders, effects of phobias and nightmares (Easteal, 1992). These effects that victims have after raping can be short term or long term. They can vary depending upon the brutality of rape, victim’s relationship with offender and victims’ inner strength and support he/she receives (Girelli et al. 1986).
Who are the rapists? Steven Holmes and Ronald Holmes (2002) states that mostly rapists are young (under age of 25) with low socioeconomic status, members of minority groups and have histories of conflicts with women especially related to sexuality (Holmes & Holmes, 2002). Rapist can be ‘unselfish’ and ‘selfish’. Unselfish rapist will show verbal, physical and sexual concern for the victim trying to convince victim to cooperate. Often, rapist will ask "Am I hurting you?" or "Are you cold?" during the rape. These types of rapists are most likely to reveal unnecessary and revealing information about themselves and are inadequate about risk. The selfish rapist is violent and brutal towards the victim. To him victim is like a doll or mannequin which he uses for self satisfaction. Victims complains, discomfort, pain, tears do not disturb him. Almost any spontaneous comments made by victim will be met by force and threats (Groth, 1979). A number of authors have created typologies of rapists. According to Knight and Prentky (1987) and McKibbin et al. rapists can be divided to 5 groups: disadvantaged men, power assertive rapists, anger - retaliatory rapists, high mating effort rapists and partner rapists. Disadvantaged men or power reassurance rapists includes men who suffer from extremely low self-esteem and feelings of inadequacy. They are perceived as less attractive and less desirable men and are motivated to rape if they have no other way of mating (McKibbin et al. 2008). Often these rapists are from single parent home, have low educational level, are quiet, passive loners who usually live with an aggressive and controlling mother/father, have no friends and no girlfriend/boyfriend. These rapists are verbally and sexually ‘unselfish’ because they do not tend to hurt the victim but trying to increase their self esteem through the control of another person.
Another type of rapists are called power assertive rapists. For these types of rapists expression of virility and personal dominance is the most important thing. Usually they are arrogant, athletic, stylish, loud, work in male dominated place (police) and have a history of domestic problems or multiple divorces. It is common for these types of rapists to use a moderate level of violence (both physical and verbal) committing a brutal attack, without intention to kill. Their motive of rape is control and domination of women or ‘weaker sex’ proving their masculinity (Holmes & Holmes, 2002).
Anger – retaliatory rapists are furious with women and using sex as punishment for real or imaginary events. Their anger and hate for women are out of control. Usually this rapist attack women who are older than he is, often somebody who symbolizes somebody else (mother, sister). Their background often includes physical and emotional abuse from one or both parents. These offenders are very masculine, athletic, have quick temper and rapes usually occur after negative event involving one of the women in their life (Holmes & Holmes, 2002). They can be called psychotic too. Anger – retaliatory rapists are most dangerous because they use brutal verbal and physical assault (beating with fists, feet, weapons) towards victims which often results to victim’s death. Because of built up rage and anger their urge is uncontrollable and main goal is to torture the victim (Holmes & Holmes, 2002).
High mating effort rapists have higher sexual experience than other rapists. They are self – cantered, promiscuous, aggressive, dominant, have high self – esteem and are associated with earlier onset of sexual activity. Their motivation for rape can be mate deprivation (McKibbin et al. 2008).
Final type is partner rapists. This type includes men motivated to rape their partners under conditions of increased sperm competition risk. Rape is most likely to occur when a long term partner decides to leave the relationship or when a man learns or suspects that his partner is sexually unfaithful. It is established that partner rapes are most common among other types of rapes (McKibbin et al. 2008).
Who are the victims of rapes? According to literature on rape almost half of victims are attacked by partners or people they know (friends, colleagues) frequently in victim’s own home or home of attacker. Victims range from infants to the elderly. Anyone, regardless of age, sex, physical appearance, marital status, ethnic, religious or socio-economic background can be victims of rape. In 93% of assaults, the rapist and victim are of the same race (Meyer, 2000). The like hood of becoming a victim of rape is greater for nonwhites than whites. According to Amnesty International non-white women are three and a half times more likely to suffer from rape than white women. Marital status, race, childhood abuse and money can also indicate likely victimization. Poor women are more vulnerable to rape than middle class women. People with disabilities also have increased vulnerability to rape, because they are seen as easy targets. Although most victims of rape are women but males can suffer rape too (Neumann, 2010). Teenage boys are more likely to be victimized than older males with victims averaging 17 years old. Male victims are more likely to be raped in gang rapes. They face a greater risk of being injured physically and their injuries are often more serious than those suffered by female victims (Golden et al. 2010). Victims often submit without struggle or do not attempt to fight an attacker due to fear of physical force or of being killed, or because the assailant is armed with a weapon or threatening to do something to other person that is close to victim. Victims of rape are often the targets of negative social reactions and are blamed for wearing short skirts, provocative dresses, drinking, flirting, doing drugs and bringing rape upon themselves (Meyer, 2000).
In many cases of rape there are no witnesses to the act other than victim and offender. Although victim physical injuries may indicate that she or he was raped but to win the case in court evidence are needed (blood, semen, hair, saliva, etc). To gather as much evidence as needed to find and prosecute the offender law enforcement officials and prosecutors have to investigate rape thoroughly. Firstly they have to make sure that victim of rape is examined by a doctor as soon as possible to ensure that the victim receives medical attention and to collect evidence (medical personnel use rape kit to collect evidence). If victim wants to speak only with female officer they must agree with it (Girard, 2011). Investigators must ensure to victim a compassionate and sensitive delivery of services in a nonjudgmental manner. While interviewing a victim officers have to use standardized questions to help victim remember details about the offender (age, race, height); harsh, judgemental questions are not appropriate. They have to keep rape victim’s identity in private. Victim can’t be forced to press charges. When the suspect is caught he must be identified. With a suspect in custody the case is handed to prosecutor who decides if the case is strong enough to go to trial (Smith, 2004).
There are a lot of theories trying to tackle rape and causes of rape. This project will look at Feminist theory.
From feminist perspective sexual gratification is not the primary motivation for rape but rather is intentional behaviour and a tool used by men to maintain control and dominance over women. It is an attempt to display their masculinity, dominance and power using rape as act of violence (Carrabine et al. 2009). Some feminist refer to rape as pseudosexual act where rape is social tradition of male dominance (despite the motivations) and female exploitation. It’s an act driven by hatred of women but for desire of power (Vito et al. 2007).
Physically, men are stronger than women and have sexual anatomy (penis) that makes rape possible. Historically while males dominated almost all important political and economic activities and were holders of wealth and power – women were exploited and treated as subordinates and were perceived as irrational, unpredictable, unreliable and weak in comparison to men. Because institutions were patriarchal, ruled by men ‘rules’ and conductive to regulating and controlling women, rape was defended, perpetuated and condoned. These perceptions lead to limitations for women in many fields, which made men think that they actually overpower women (Hodgson & Kelly, 2004). So through history men learned that women can be controlled and intimidated by dominating them using sex. Feminists assert that today when women no longer abide by the limitations rape is increasing because men are still trying to continue their dominance over women. Furthermore some feminists claim that because men benefit from a hierarchical society where women actually still meet limitation that’s why they don’t take rape seriously or fight on women’s behalf (Pandora’s project, 2004).
Feminists believe that rape is a result of how genders are socialized and sexist attitudes can lead to increased motivation to rape. Women are tough to be passive and submissive while men - strong, tough and dominant. What’s in women are encouraged (tenderness, sensitivity, empathy) in men are discouraged. Men are simply responding to the values, attitudes and norms of their specific culture (Vito et al. 2007). According to feminist because of this men are socialized to see women as little more than property, develop masculine self – concept and learn to find sexual desire from domination (Ellis, 1989). This power structure maintains a hierarchical structure where violence is a norm. There is evidence confirming it. Peggy Reeves compared tribal societies where rape was common and rare. She found out that women had more power in those tribes where rape was rare (Vito et al. 2007).
Some feminists feel that rape doesn’t have true definition in a society. They argue that economic, social or personal pressures should be taken into account, for example even if a woman initiates sex the act is still rape if she were acting under social pressures (Pandora’s project, 2004).
Feminist theory is very important because it moved away the thinking that men who rape lack agency, and placed the emphasis of study onto men, masculinity and the social structures that support male power (Westmarland, 2005). It recognized the relationship between rape and the power and dominance structure between the genders. Moreover this theory explained that rape is an act of violence, not act of sexual desire (Ellis, 1989).
On the other hand feminist theory has weaknesses. Firstly it focuses primarily on theorising rape at the societal rather than individual level portraying men who rape as a relatively homogenous group. Secondly feminist views about rape under patriarchal system undermine women’s progress towards quality showing women as incompetent, submissive victims, who can’t take care of themselves, making them out to be victims for men (McGregor, 2005).
Ever since human society started to exist, crime and punishment has remained in society too. Because crime is an act forbidden by the law it has to have punishment. Rape is a crime which in most societies is considered as grave offence and has to be punished accordingly. Punishment for rape in most countries today is imprisonment. According to Sexual Offences Act 2003 guideline in UK maximum penalty for rape is life imprisonment. Such sentence can be imposed as a result of offence with a number of aggravating factors (pregnancy, murder, gang rape, abduction, etc.) or because offender meets the dangerousness criterion (serial rapist). 5 years is intended to be the starting point for raping adult victim (a single offender and no aggravating factors), and 8 years is the suggested starting point when aggravating factors are identified (Sexual Offences Act 2003, 2007). According to Banks (2009) there are 5 purposes of these sanctions: incapacitation (offender in prison can’t commit crimes), deterrence (the fear of being punished stops people from doing crimes), restitution (compensation for victim), retribution (harmed society is entitled to inflict harm in return) and rehabilitation (to make offender a better person, like counseling, drug treatment, etc.). Sanctions are effective because they exact retribution to victim by imposing deserved punishment to rapist in proportion of his blameworthiness (Banks, 2009). Moreover penal sanctions help to increase public safety by reducing re-offending keeping rapists in prison, supervising them closely, giving treatments for conditions associated with their criminal behaviour or deterring potential rapists by given penalties (Tait, 2001). Although sanctions for rape look adequate but they have limitations too. One of them is that although prison sentences provide the ultimate weapon for deterring repeat offender and provide shock value for first time offenders but on the other hand there is a high rate of individuals re-offending when released from prison because when released they don’t know how to live normal anymore. Furthermore by providing starting sentence point for crime like rape it can allow judges to impose sentence based on their values, philosophies, opinions, even sexist views which can lead to disparate treatment of similarly situated defendants (one judge might impose a long prison sentence while another might decide that average sentence would be enough) (Marcus, 1994).
To conclude this project introduced rape in general, explained feminists view on rape, provided strengths and weaknesses of feminist perspective, identified sanctions for rape and viewed their effectiveness. To resume rape is the non-voluntary sexual intercourse that offender performs against victim. According to feminists patriarchy is a root cause of rape because it gives men power and an excuse to control and dominate women. Although feminists recognized the relationship between rape and the power and dominance structure between the genders but they are focusing on societal rather than individual level portraying men as homogenous group. Rape is punishable crime and sanctions are adequate and effective but also have few limitations like usefulness of prisons or judges right to impose sentence according to his opinion and values.
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