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Effect of rape in our society
Marital rape a legal essay
Effect of rape in our society
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Marital Rape Marriage rape is the most neglect form of abuse against women. It has been stated that martial is motivated by laws, the reporting, and gender inequality. History: Marital rape and the foundation of exemption have dated back to the 1700’s, where the first documented legal statement of marital rape occurred in 1736. Sir Matthew Hale, who at the time was the chief justice of England, published a statement stating that a husband cannot be persecuted for raping his wife. "But the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto the husband which she cannot retract"" (quoted in Russell, 1990, p. 17). This …show more content…
Rape was considered a crime at the time, but Common law made it impossible for man to be persecuted for abusing or raping his property. The unities theory also was a cause to making it impossible to prosecute, this theory made it ineligible for domestic violence victims to file for suits for physical damage. Through the years Acts and laws have been passed to help women gain equality, protection, and rights but no immediate change affected the legality of marital rape. Until the 1970’s in the United States, member of acts and movements fought to criminalize marital rape. On July 5, 1993, marital rape became a crime in all 50 states in at least one section of the sexual offense codes. Like the domino effect, the laws begin to gain national attention across the world and countries begin to consider …show more content…
Lawmakers and the criminal justice system overlook marital rape, Das (2010) states those survivors’ experiences of being told that their victimization is “not a real rape” and encountering victim-blaming attitudes may lead to less filing of complaints and reporting to police. Women have reported experiencing harsh and insensitive treatment from the criminal justice system when trying to report abuse or marital rape. Social stigmatization, cultural traditions, and gender bias are structural hurdles that discourage women from reporting acts of sexual violence, especially experiences of marital rape (Prasad,
Rape shield laws were implemented to protect rape victims. For years and still in today’s society there is hesitation to report these
She talks about court cases, in the R. v. Clarke, the wife ordered a divorce from her husband, two weeks later she is raped by her husband. The rule was that it was considered rape because the wife ordered a divorce which meant the couple were not one any more but two individuals. There are a few more case rulings that later lead to the elimination of the Marital Rape Exemption law in the R. v. R case. The case is about when the wife leaves with her child to her parent’s home, two days later the husband calls to say he is going to divorce her. A few weeks later he, the husband, breaks in his wife’s parents house and forced/attempts to force his wife to have sex. The Judge, Judge Owens, states he does not make laws but he does rule what he believes the laws mean. This I believe is important because later in the passage the author points out that Judge Owens believed that in this case the wife did consent of having sexual intercourse with her husband but he did believe the husband could be charged of rape because there was violence involved. Judge Owens concluded that the numerous amount violence involved states the husband was found guilty but he did not talk about marital rape but mostly of the violence involved. Later the case was appealed and it ruled “unlawful”,
“Before the rape I felt good. My life was in order. I was getting ready to get married. Afterward everything changed. I kind of lost who I was as a person…
When the victim does not fit the ideal victim attributes which society has familiarised themselves with, it can cause complications and confusion. Experts have noticed there is already a significant presence of victim blaming, especially for cases involving both genders. The fear of being blamed and rejected by the public is prominent in all victims. Victim blaming proclaims the victim also played a role in the crime by allowing the crime to occur through their actions (Kilmartin and Allison, 2017, p.21). Agarin (2014, p.173) underlines the problem of victim blaming is due to the mass of social problems and misconceptions within society. The offender can have “an edge in court of public opinion” if victim blaming exists, resulting in the prevention of the case accomplishing an effective deduction in court (Humphries, 2009, p.27). Thus, victims will become more reluctant to report offences because of their decrease in trust in the police and criminal justice system, leading to the dark figure of
Rape has been going on since the beginning of time. It is a crime that takes place not only in our country, in our world, but even in our military. The first rape crisis center was established in the 1970’s. Now more than ever, many men and women in the military are coming forward after these horrific assaults are forced against them. Unlike past decades, this tragic and vicious crime is being brought to the fore front, and starting to be addressed more than ever. This is a current, and devastating problem that is effecting men and women globally.
It was once acceptable for men to have full control over women, declaring when they will marry and when they will have children. However, over the past centuries, women have established a place in society, proving themselves much more than someone's property. This is why the word “rape” today is not taken lightly. According to findlaw.com, “Rape generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress.” When one does not give consent to sex, it is considered a felony, possibly putting the rapist in jail. Contrary to sexual assault, “Sex is reified as penile-vaginal intercourse while an extremely diverse group of pleasurable and sexually stimulating activities are dismissively relegated to the category of foreplay...” (Reinholtz, Muehlenhard, Phelps, & Satterfield, 1995.) Although consented sexual intercourse is much more out in the open and accepted in society, the problem of rape is still very relevant behind the scenes.
Did you know that every 9 seconds a women is being beaten or assaulted? It is known that around the world, at least one and every three women has been beaten into having sex or some rudely thing in her entire lifetime. There are many cases where the abuser is a family member. Domestic violence is that the willful intimidation, physical assault, battery, sex crime, and different abusive behavior perpetrated by an intimate partner against another. It is a virulent disease touching people in each community, notwithstanding age, economic standing, race, religion, status or academic background. Violence against girls is usually amid showing emotion abusive and dominant behavior, and so is a component of a scientific pattern of dominance and management. Violence ends up in physical injury, psychological trauma, and typically death. The implications of violence will cross generations and actually last a period. Domestic Violence affects all races, ethnicities, and genders. It happens in qualitative analysis relationships, in marriages, in heterosexual relationships, and in homosexual relationships. Most times it is prevalent among girls, particularly migrant girls.
In today’s society, there is a hidden ideology of patriarchy within men thinking that they are the dominant sex all over the world. That they can do it better, and that women should be allowed to do certain jobs or life styles, like joining the military. This is where “command rape’” in a way came from, men trying to keep their power and show women or men their dominance over them. Most of the time when a woman does or wanted to report a rape inside and outside of the military she is looked down at, threatened if they do said anything, or even blamed for it happening.
The long standing and illegal practice of rape and sexual abuse is a global issue seen in practically every continent. The legal definition of rape in the state of Florida includes any type of sexual activity involving force or threat of force. Rape occurs when the victim does not give consent or cannot give consent. Florida Laws: FL Statutes - Title XLVI Crimes Section 794.005 part A states, “’Consent’ means intelligent, knowing, and voluntary. Consent does not include coerced submission. ‘Consent’ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” For the purpose of this paper it’s vital to compare the legal standard of rape and consent in the U.S., with what is being broadcasted throughout the nation.
al. (2014) noted that law enforcement agencies should fully educate officers about the widespread crime of rape by providing training about its incidence and prevalence, highlight the low estimate of false rape claims, and work to develop a culture of sensitivity toward rape victims. Sensitivity toward rape victims could impact outcomes as according to Venema (2014) “factors that influence police officer definitions of sexual assault may affect police perceptions of victim credibility.” As, “analyzed sexual assault cases that were closed or withdrawn found that historically pervasive attitudes of mistrust in women’s testimony continues to be evident” (p. 876). The lack of sensitivity some argue may come from an organizational culture rather than police officer’s attitudes. It can also impact evidence collection in a sexual assault case. Research by Menaker, Campbell, & Wells (2017) noted that investigators perceptions of a sexual assault forensic kit depended on the victim’s credibility. Menaker, Campbell, & Wells (2017) recommended additional research on police discretion in evaluating victim credibility could inform efforts to develop training for victim
Rape and sexual violence is a very serious problem that affects millions of people each year. Rape is someone taking advantage of another person sexually. Sexual assault can be verbal, physical, visual, or anything that forces a person to join in unwanted sexual contact or attention. ("Sexual Assault.") Rape is one of the most underreported crimes. In 2002, only thirty-nine percent of rapes and sexual assaults were reported to law officials. ("Sexual Violence: Fact Sheet.") Victims sometimes do not report that they have raped because of shame or feeling that it was their fault. It is never the victim's fault. "Victim blaming" is holding the victim of a crime to be in a whole or in partly responsible for what had happened to them. Most victims believe this. ("Myths and Facts about Sexual Violence.")
It’s 3:20 am. on a Friday morning, and pitch black out. The only things visible are the tree branches and pavement shining from yellow streetlights that carve out a path from the parking lot to the back door of my building. Living on campus at Towson I should’ve owned mace, but I clutched my car key instead, pointed outward ready to stab the eye of anyone deciding to come out of the dark after me. The brisk walk up the hill seems to take half an hour. Finally under the bright lights of the overhang I swipe my card quickly to get inside. The door bolt locks behind me with a loud click. I’m safe.
Is anyone truly a stranger to nightmares? Has anyone not woken up in a feverish sweat with a racing pulse or pounding heart? Whose eyes have never wildly searched their room for the phantoms of a dream? Now, what if the familiar consolation of learning it was all in your head never came? How do you wake up from a nightmare that is, in fact, a reality? I think I’m getting ahead of myself. What I mean to say is, I was raped, and rape is a nightmare.
There are numerous countries where laws, customs and traditions are often strongly religion based. These countries do not share the same concept of justice as western cultures. People in these countries do not enjoy the same freedoms or carry the same responsibilities as citizens in western cultures. Some non-industrialized countries consider women merely as property and they are not equal with men nor is women’s life in general valued. There is a huge gender bias in these cultures where marital rape is a common practice and not a prosecutable offense. Tehre is no criminal justice system to support the victim and prosecute the offender. Therefore the offender goes unpunished and the rape victim may suffer severe consequences of the rape through
For women in India, the last century has marked a great amount of progress, but at times it has been as stubborn as all the centuries before it. Women have been expanding their roles in society, at home, and even politics with female Prime Minster Indira Gandhi. Gender roles are ingrained deeply, however, and that is no more apparent than in the current rape epidemic. Specifically the last 40 years have been some of the most promising for Indian women, but they have also seen an 875% increase in rape cases (Park). The answers to why this is happening, and why it is happening now may open up a much deeper issue. The social climate is changing; a power struggle between genders steadies the quantity of violence against women. Meanwhile, their empowerment to speak out and hold a rapist accountable brings it to the attention of the world. A longstanding injustice that has been occurring right bellow the surface for years may have reached its boiling point.