CRIMINAL ACTS

Particular Criminal Acts- Rape



Particular Criminal Acts- Rape

Introduction

Throughout the mid-1960s and 1970s, women and victim advocates called for rape law reform, and state legislatures began to revise rape statutes. Today, rape statutes include males and females as both possible perpetrators and victims. In most counties, other forms of penetration (e.g., anal) have been included in revisions and the marital exemption has been repealed. Most counties also ended the requirement that the alleged rape victim produces corroborating evidence to the crime.

Rape occurs when certain legal requirements met, as set forth by the country in which the event took place. Rape involves non-consensual contact between the penis and the vulva or penetration of the anus, however, slight; contact between the mouth and the penis, vulva, or anus; or penetration of the genital or anal opening of another person with a finger, hand, or other object (e.g., bottle or gun). Contact or penetration must be achieved without the victim's consent or involve a victim who cannot consent or refuse. Inability to consent to sexual activity could occur because of age, illness, disability, being asleep, or the influence of alcohol or other drugs. Inability to refuse could result from the use of physical force (e.g., a weapon or bodily weapon such as hands) or threat to use force (Wolfgang & Ferracuti, 1967, Pp. 14-32).

Discussion

A typology can guide the classification of conditions of rape based on the victim's inability to provide consent to sexual contact or intercourse. Forcible rape involves penetration that occurs when an offender uses or threatens to use physical force. Physical force may involve holding the victim down or other forms of violence (e.g., grabbing, hitting, and slapping). Incapacitated rape occurs when the victim is not capable of consenting because of the effects of alcohol or drugs or otherwise incapacitated, such as being unconscious or asleep (Daigle, Fisher & Cullen, 2008, Pp. 1296-1313).

Incapacitated rape also can be classified into drug-facilitated rape, alcohol and/or other drug-enabled rape, and other incapacitated rape. Drug-facilitated rape occurs when a victim cannot provide consent after deliberately being given alcohol, a drug, or other intoxicant without the victim's knowledge or consent. Consumption can be achieved surreptitiously or deceptively; he or she unknowingly consumes alcohol, a drug, or other intoxicant that inhibits the victim's ability to consent. Accounts of offenders include “slipping” a drug, such Rohypnol (flunitrazepam, also commonly known as the date rape drug) or GHB (gamma hydroxy-butyric acid), into a victim's beverage fall into this category. Alcohol and/or other drug-enabled rape occur when the victim cannot consent because of voluntary or self-induced consumption of alcohol, a drug, or other intoxicant. Other incapacitated rape happens when the victim is asleep or unconscious for reasons other than the use of alcohol, a drug, or other intoxicant (Tewksbury & Mustaine, 2003, Pp. 302-327).

One form of rape that does not involve force is statutory rape. Statutory rape occurs when a victim is under the legal age of consent and, as a result, cannot engage in consensual ...