In section III of the coursebook, the authors tell us that there are multiple reasons as to why rape victims do not officially report their victimizations. First, list the reasons described by the authors as to why many women fail to report their rapes. Then, discuss with the class which of these reasons you believe probably accounts for the majority of rape cases that go unreported. Within your discussion, explain how “rape myths” and the evolution of the definition of rape may have attributed to the reason you selected as to why women do not officially report their rape.
WOMEN AND VICTIMIZATION:
RAPE AND SEXUAL ASSAULT
SECTION III
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
Rape
One of the oldest and most feared crimes
Images of rape in popular culture
Prohibited since Code of Hammurabi (1900 CE)
Distinguishing between married and unmarried women
Historically a property crime
Little protection for women from rape
Victims faced public ridicule and blame
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
Early American Statutes: Model Penal Code (1955)
Historically narrow
Limited to intercourse
Male offender and female victim
Required force or threat of force
Marital status precludes rape
Did not acknowledge attempted rapes
Progressive elements
Acknowledgement of victim impairment/ unconsciousness and status as child
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Historical Perspectives
Modern laws vary but have many similar provisions
Marital-rape exemption clause abolished
Definitions expanded using “sexual assault”
Statutory rape laws
Sex offender registration laws
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
FBI revises the definition of rape for purposes of UCR (2012)
Historically it only considered cases of forcible rape
No longer “forcible” only
NCVS defines rape as:
“forced sexual intercourse…. (including) vaginal, oral, or anal penetration by offender(s)”
Gender neutral
Body part or object
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
Victims may label their experiences differently and therefore may not report or seek services
Unacknowledged victims
Symbolic assailants
More likely to be someone the victim knows
Offenders may also misunderstand legal definition
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Defining Sexual Victimization
Definitions vary by jurisdiction and change over time
Decisions made by CJ professionals
Definitions vary between CJ and mental health professionals
NCVS and DOJ definitions recently revised
Definitions of rape in some jurisdictions remain narrow but the broader category of sexual assault has been recognized
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Prevalence of Rape and Sexual Assault
~213,000 in 2011 as documented by NCVS
Victimizations significantly underreported
Stigmatization
Research challenges
Research findings show increases in rape
Incidence rate higher on college campuses
1 in 4 women estimated to experience rape during their lifetime
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Rape Myths
“Attitudes and beliefs that are generally false but are widely and persistently held and that serve to deny and justify male sexual aggression against women”
Victim was “asking for it”
Acceptance of rape myths leads to victim blaming
Shifting blame
Denial leads to underreporting and the perception that the crime is not taken seriously
Just World Hypothesis
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Rape Myths
Provide justification for offenders
Miscommunication
Some victims accept these justifications and engage in self-blame
Symbolic assailant, forceful resistance, evidence and reporting are expected
In reality, offenders are known to the victim and victims are unlikely to report
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Acquaintance vs. Stranger Assault
Fear of victimization does not reflect reality
Acquaintance rape and sexual assault
Happens in a placed perceived as safe
Less force and less resistance
Acquaintance rape is significantly underreported
Victims engage in self-blame and do not seek help
Society perceives acquaintance rape as less serious than stranger rape (“real rape”)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Case Study: Steubenville High School
Rape Case
Assault was videotaped and posted on social media
Victim blaming
Defendants were found guilty in juvenile court and sentences to one year in state correctional facility
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Drug-Facilitated Sexual Assault
An unwanted sexual act following the deliberate intoxication of a victim
Incapacitated rape: victim voluntarily consumes drugs or alcohol
Represents majority of drug-facilitated sexual assaults
Use increases risk and decreases ability to resist
Voluntarily incapacitated victims more likely to be blamed
Question of “consent”
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Drug-Facilitated Sexual Assault
Date rape drugs
Victim unconscious and unable to recall what happened
These crimes are underreported
Governing legislation
Controlled Substances Act
Drug-Inducted Rape Prevention and Punishment Act (1996)
CO Penal Code: Drug-Facilitated Sexual Assault
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
“The Invisible War:” Rape in the Military
Estimated that one-third of women experience sexual assault during their service
Abuses against POWs at Abu Ghraib
Systematic abuse of female cadets in CO
Overall lack of investigation and conviction
“The Invisible War”
Documentary of rape in the military
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Spousal Rape
Martial rape exception
Marriage = Consent
Men and women were not considered equal partners
Private matter Hands-off policy
By 1993, all 50 states had moved away from this exception
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Spousal Rape
Tactics
Emotional coercion
Social coercion: “Wife’s duty”
Interpersonal coercion: Use of power
Fear of unknown threats or damages
Battering rape
Extension of intimate partner violence
Physical effects of victimization are greater
As prevalent but hidden from public view
Cultural acceptance leads to a failure to identify victims
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Case Study: Statutory Rape
Sexual activity prohibited by statute or code
Ability to legally consent
Age, mental impairment
Coercion is assumed
Legal age of consent varies
Exceptions
Marital
Age-gap: “Romeo & Juliet”
Do not apply to persons of authority
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Same-Sex Sexual Violence
Usually thought of as male offender and female victim
Male on Male and Female on Female
Historically rooted in men’s need to exert power and control
CJ system with homophobic views
Slow response of advocacy services
Do not appreciate the unique needs of victims
Fear restriction of donations and other funding
These problems limit the recognition of same-sex sexual assault as a social problem
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Racial Differences in Sexual Assault
Experiences reported by women of color
Reports underrepresent actual occurrence
Victimized at a disproportionate rate
Experiences of American Indian and Alaska Native populations
Black women significantly more likely to have a weapon used against them (Boykins, et al.)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Racial Differences in Sexual Assault
Hispanic women have highest rates of attempted sexual assault
Face language barriers and may be concerned about immigration status
When victims do come forward, they may face victim blaming from their communities
Cultural expectations lead to underreporting and decreased help-seeking behaviors
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
Identification of victimization
Factors increasing the likelihood of reporting
Injury, concern over contracting HIV, identification of incident as rape
May confide in friends and family instead of police
May not feel its important enough
May not want anyone to know
Lack of faith in CJ system
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
Most common reason to report was prevention
Victims who seek medical treatment are more likely to report
Impact of victimization
Posttraumatic stress disorder, depression, low self-esteem, anxiety, and suicidal tendencies
High-risk behaviors including risky sexual activities, extreme weight loss measures, and substance abuse
Fear and trust issues
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
The Role of Victims in Sexual Assault Cases
Victim Advocacy
Rape Crisis Services
Perceived need for prevention, community awareness, and response to victim’s suffering
Services are limited and lacking in resources
Further traumatized of CJ system/formal processing of case
Cases may be difficult to prove
Rape myth acceptance by CJ professionals
Discourages reporting
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Conclusion
Improving prevention and intervention efforts
Attention focused on college campuses
Increasing public education about acquaintance rape
Prevention efforts should provide accurate definitions, realistic examples, information on drug-facilitated rape, and discussions regarding consent
Combatting rape myths
Increased counseling services
Services should be available and known
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 5
Student Right-to-Know and Campus Security Act of 1990 (aka Clery Act)
Provides guidelines on what information is supposed to be made widely available to students
Availability and Adequacy of Sexual Assault Resources on Campus
Resources are not uniform across college campuses
Sexual Assault Programming and Deprogramming
Programs should attempt to dispel rape myths
Programs should reach both men and women
Backlash hypothesis
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 5
Study Overview
Method
Participants
Measures
Knowledge of sexual assault resources
Quality of resources
Distribution of sexual assault resources
Rape Myth Scale
Results
Discussion
Use the internet as a primary source of dissemination
Required Online courses
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
Examines young peoples attitudes and understandings around
Alcohol consumption
Nonconsensual sex
False allegations
The Law of Rape and Research Context
England and Wales
Reformed in 2003
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
Rape Myths, False Allegations and Intoxication
Methodology
Focus groups
College students
18-24 years old
Provided a vignette based on the facts reported in the Bree (2007) case
Benjamin and Michelle (acquaintances)
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
Analysis and Discussion
Not Quite Rape
Physical injury evidence
Stereotype of rapist and rape
False Allegations of Rape
Motivations for a false allegation
Frequency of false allegations
Ramifications of false allegations
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Reading 6
Voluntary Intoxication and Intercourse
Impact of alcohol on inhibitions
Capacity
Dual impact of alcohol on defendant and complainant behavior
Conclusion
Focus remained on Michelle’s actions prior to intercourse
Awareness raising to dispel rape myths
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
Mallicoat, Women and Crime: A Text/Reader 2e © 2015 SAGE Publications, Inc.
