Rape is covered within the Sexual Offences Act 2003 which states that ‘a person commits an offence if he intentionally penetrates the vagina, anus or mouth of another person with his penis, the victim does not consent to the penetration, and the offender does not reasonably believe that the victim consents’ (Legislation.Gov, 2003). The act also clarifies the parameters of consent by stating that ‘a person consents if he agrees by choice, and has the freedom and capacity to make that choice’ (Reece, 2013) which is reflected in the fact that proving non-consent is essential in securing a conviction. Stern (2010) also supports this and argues that the absence of consent is the defining factor of whether an act is considered to be rape (Stern, …show more content…
In most cases, this is proven to be extremely difficult as it argued that rape is one of the most serious but misunderstood offences against the person. It is described in a Home Office Research Study (2005) as ‘a unique crime, representing both a physical and psychological violation’ (Angiolini, 2015). It presents investigators and prosecutors with unique challenges as cases are often much more complex than for other offences (Angiolini, 2015). Despite popular belief, rape is most commonly perpetrated by someone known to the victim and there will be no visible sign of injury which can make it extremely difficult to secure a conviction as there is often very little physical evidence (Angiolini, …show more content…
There are many definitions of what constitutes as a rape culture society, but consider rape to be prevalent, normalized and excused for in the media and popular culture (Suglia, 2016). Furthermore, rape culture is said to be perpetuated through the use of misogynistic language, the objectification of women's bodies and the glamorization of sexual violence, which creates a society that disregards women's rights and safety (Suglia, 2016). The literature review will discuss sexist attitudes and beliefs about rape in the form of common rape myths and the prevalence of victim blaming throughout society, which co-exist and form lead to a rape culture society. They are also said to be part of a broader manifestation of gender inequality, prevalent in the language, laws and institutions which are supposed to criminalise, challenge and prevent sexual violence but instead perpetuate, support, condone or reflect these values (Henry and Powell, 2014). As rape is more controversial than most other crimes and strong opinions are held and often voiced about it (Stern, 2010), primary research in the form of an online self-completion questionnaire and structured interviews were conducted for this dissertation with the aim to discover the extent of societies rape culture through victim blaming and the acceptance of rape
Oftentimes, the things individuals take for granted as preexisting facts are merely the products of social construction, which exert tremendous impacts on belief and action. Men and women are socially constructed categories inscribed by norms of masculinity and femininity that enables rape to occur. Catharine MacKinnon claims that rape is defined in a male perspective, which lacks the account of female experience. On the other hand, Sharon Marcus argues that rape is a constructed language that scripts the female body. As bell hooks points out, black men celebrate “rape culture” as a mean of expressing patriarchal dominance and endorsing female subordination. In order to redefine rape and to develop effective rape prevention, it is crucial to deconstruct the predetermined assumptions about men and women. Rape is socially constructed, through the ways how individuals possess misogynistic ideologies and endorse patriarchal power, turning the erotic fantasy of male dominance into “reality”.
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
One of the most horrible things that has erupted from the subjugation of women is rape culture. Rape culture is the downplaying of the crime of rape to appease the violator, the accusation that the victim made a choice that led to their rape, or even jokes that suggest rape. According to Jessica Valenti’s, “In Rape Tragedies, the Shame Is Ours,” in today's world many people give in to rape culture by participating in these acts that somehow change our mindsets into believing that, “it is more shameful to be raped than to be a rapist”. Once ...
Rape is a physical attack, not sex. Rape crisis counselors and researchers define rape as an act of violence in which sex is used as a weapon (Benedict 2). A woman is raped in this country every two minutes. Between 1996 &1999 7,787,00 rapes were reported. The actual number is much, much higher because only 26% of rapes are reported. Husbands or boyfriends assaulted 28% of these women, 35% of these women were raped by people they knew; 1 in 4 of these rapes took place in a public place (Grady 4). Rape is a problem that infiltrates all countries and cultures; a Muslim woman who has been raped is disowned by her fiancé and her family for having brought them shame by becoming dirtied and thus not a candidate for marriage (Benedict 2).
...ows that the person does not consent to the intercourse or is reckless as to whether that person consents to it’ – Sexual Offences Act 1956 c. 69 (Regnal. 4_and_5_Eliz_2)
It is not a topic that is brought up often, especially at schools or at gatherings, yet it is crucial that everyone be educated, or at least informed on a topic that affects women every day. “Given that sexual violence continues to occur at high rates in the United States, it is vital that we understand attitudes and cultural norms that serve to minimize or foster tolerance of sexual violence” (Aosved, 481). Growing rates of sexual violence goes to prove that it is not taken seriously by many, especially when myths excuse the actions of the perpetrator and instead guilt victims into thinking they are responsible for the horrible act. Burt (1980), in her article titled, “Cultural myths and support for rape” attempts to make sense of the importance of stereotypes and myths, defined as prejudicial, stereotypes, or false beliefs about rape, rape victims and rapists- in creating a climate hostile to rape victims (Burt, 217). Examples of rape myths are such sayings as “only bad girls get raped”; “women ask for it”; “women cry rape” (Burt, 217). This only goes to prove that rape myths against women always blame and make it seem like it is the women’s fault she was raped and that she deserved it for “acting” a certain way. McMahon (2007), in her article titled, “Understanding community-specific rape myths” explains how Lonsway and Fitzgerald (1994) later described rape myths as “attitudes and beliefs that are generally
In the first paragraph, I will explain what constitutes rape and the variations of relationships in which rape is committed. The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders. The 2003 Act also changes the law about consent and belief in consent. Convicting a person of rape is defined under the Sexual Offences Act 2003 s1, it is as follows; “A person (A) commits an offence if: he intentionally penetrates the vagina, anus or mouth of another person with his penis, if person (B) doe...
Every two minutes, an American is sexually assaulted. According to the U.S. Department of Justice's National Crime Victimization Survey, there are an average of 237,868 victims of rape and sexual assault every year. 9 of every 10 rape victims were female in 2003, and 1 out of every 6 American women has been the victim of rape in her lifetime. The question people have to ask themselves is why rape is so common. It is time to accept that the rape epidemic is not just about the crimes themselves, but the cultural and political willful ignorance known as rape culture. Rape culture is an environment where rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture. Rape culture has become so common that it is nearly invisible, but it present and strong in everyday life.
Eighteen million women and three million men. These are the numbers of women and men that have been raped at some point in their lives. (Tjaden & Thoennes, 2006.) Many advocates would say this is proof that we are living in a “rape culture”. A label coined by second wave feminists in the 1970’s, in response to the on-going prevalence of rape in the United Sates. Over the years, there have been many definitions of rape culture, but for the sake of the research paper, rape culture will be defined as a society where sexual violence is normalized. If you’ve ever heard of the responses: “She asked for it.” “He didn’t mean to.” “She wanted it.” “It wasn’t really rape.” “She’s clearly lying.” This is what a rape culture conditions us as a society to think or even verbalize when a story of sexual assault or rape is presented. Conversely, other advocates and feminists recoil at the use of the label “rape culture” because of what the label institutes about our society or progressions we’ve made in trying to eradicate
The joy of the word "booty" Who likes booty? I like booty, and I think we should all like booty. Whether it is pirate's treasure or the beautiful behind of a woman, booty is a fantastic possession. I come from the lower class section of Ft. Lauderdale and in that area the booty is most often linked to the description of the African-American woman's posterior. I have always used the word booty, but recently I was told that it was a "black" term. I was shocked to hear this, and when I inquired as to why it was a "black" term, I was told that I shouldn't use words like that because they make me sound foolish. I do not always use the word booty but in some circumstances it is very necessary to use it. In my opinion it adds emphasis in the description of the size and beauty of the butt. What could possibly be wrong with using a word that is supposedly a word from a different heritage? We use words like "sheik" and "entree" all the time. I believe that there are no "black or "white" words, some words just happen to be used more by certain races. We should not be limited to certain words just because we are of a particular race. I firmly believe that whether a person is black or white they should know the true meaning of booty and should know why many people are in love with the ever powerful booty.
Rape is non-consensual sexual intercourse that a male performs against a woman whom he is neither married to or cohabiting with. The definition of rape changes by geographic location. In some countries a woman must prove she is pure in order to find the perpetrator guilty. Rape used to be more of a violation to the man than to the women. It was a violation of the man’s rights if his wife or girlfriend was raped. When a woman is raped her devotion to her family is questioned. Rape is a violent act, an act of possession, not a sexual act. The myth that men who rape women are sexually pathological has begun to be dispelled and replaced with an understanding that rape is an act of anger, power and control rather than lust.
According to Marshall University, Rape Culture is defined as “an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in media and popular culture.” In American society, it is not hard to find examples of rape culture. In popular movies, music, and current events there is an undeniable notion of victim blaming, and sympathizing with male perpetrators. People have begun to use the term rape as a casual adjective. For example “I just raped him in that game,” could be used to describe two people playing a game and one winning easily against the other. American society uses pop culture and current events to promote and justify the prominent rape culture.
Inertwined with rape myths, are subsequent rape scripts. As Ryan (2011) and Clay-Warner and McMahon-Howard (2009) showed, depending what script is prevalent or dominant, reporting rates and overall acknowledgement can be greatly affected. Our understanding of what constitutes a rape or sexual assault needs to significantly change otherwise countless victims will remained silenced. If the understanding of these crimes was broadened, and the acquaintance scenarios taken more seriously, more victims would come forward, report, and get the help they may desperately need, in addition to aiding the legal system in punishing the offender and improve society’s population.
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “women secretly enjoy rape,” from a historical perspective, can lead us for better understanding how they evolved. Much stems back to the idea that women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men a...