Rape occurs when certain legal requirements are met, as set forth by the state where 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. 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 is otherwise incapacitated, such as being unconscious or asleep (Margaret, pp. 5).
Discussion
Numerous data sources can be used to determine the incidence (the proportion of incidents) and prevalence (the proportion of victims) of rape. There are two annual sources of rape statistics in the United States: (1) the Uniform Crime Reporting (UCR) Program and (2) the National Crime Victimization Survey (NCVS). The UCR Program is a measure of the crimes reported to and recorded by law enforcement. Each year, police departments voluntarily compile their local crime reports and submit them to the Federal Bureau of Investigation, which then annually publishes Crime in the United States. One of the crimes measured by the UCR Program is forcible rape. Forcible rape, as defined in the UCR Program, is the carnal knowledge of a female forcibly and against her will. In 2007, 90,427 forcible rapes were estimated to be known to the police, which results in a rape rate of 59.1 offences per 100,000 female inhabitants of the United States. Rape typically goes unreported to the police. A more accurate estimate of the extent of rape has been determined via self-report surveys that ask a sample of respondents about their victimization experiences. The NCVS is a survey of households that asks individuals about their victimization experiences. According to the NCVS in 2007, there were 248,300 rapes and sexual assaults, with a rate of 1.0 per 1,000 persons 12 years and older. One of the most controversial topics with the study of rape is counting who experienced rape victimization and who did not. The UCR Program can be used as an indication of the amount of rape that becomes known to the police in a given year. The UCR Program is notorious ...