CRIMINOLOGY

Criminology

Criminology

Rape is sometimes difficult to define (Weiser Easteal, P., 1996: 16). Often the circumstances surrounding a rape incident are multi faceted and simply weeding through the facts and intrinsic circumstances of the situation make for a long and drawn out battle, with conviction difficult (pp 16-21). The following two definitions of sexual assault come to the fore:

The experienced-based definition

The experience-based definition is fairly broad, and suitable for areas such as support or provision of services for victims of sexual assault. Within the framework of this definition, sexual assault is unwanted behavior of a sexual nature directed towards a person, and which makes the person feel uncomfortable, distressed, frightened, or threatened, or which results in harm or injury to that person (ABS 20042). Further to this, the victim a) does not give consent, b) gives consent as a result of intimidation, force (physical, psychological, verbal, or other coercive behavior) or fraud, or c) is legally deemed incapable of giving consent because of youth or temporary/permanent incapacity.

The offence-based definition

Crime statistics which are derived from police records are based on the offence-based definition. This definition is much narrower, and is suitable for criminal justice settings and certain legislation. Also concerned with sexual assault of a physical nature directed towards a person without their consent, the offence-based definition extends in a range from unwanted touching to sexual penetration without consent, including attempts (ABS, 20042, Tempkin, 1987: pp 25-26).

Sexual penetration involves the introduction of a person's penis, object, or other body parts into the vagina, anus, or mouth of another person. Consent requires agreement that is free; if a person has been a) threatened, b) is fearful for themselves or someone else, c) is mistaken about the identity of the person or the nature of the sexual act, d) wrongly believes the act is for medical purposes, e) is incapable of consenting because of the influence of alcohol or other drugs, or f) is legally deemed incapable of giving consent because of age, incapacity, or where a relationship of trust exists, then that person is not deemed to be free.

National Crime Levels - Recorded

According to the Australian Bureau of Statistics (2004)1, the number of crimes recorded by Australian police in 2003 saw an overall decline in most offence categories from 2002. This was not the case for sexual assault. The sexual assault victimisation rate rose from 71 persons per 100,000 to 92 persons per 100,000; an increase of 2.3% from 2002 (no statistics were available for rape). In contrast, victimisation rates for homicide and related offences remained fairly stable over this period, ranging from 5 to 6 per 100,000 persons between 2002 and 2003. The total number of sexual assault crimes recorded in Australia in 2003 was 18,237. Of this, 3,255 victims were male, and 14,892 victims were female - a ratio of 82% more females than males.

Suggested Causes / Origins of Rape

Rape has been understood in past times as an affront to, and an offence against, male privilege and property; men would harm women ...