Sexual specificity,rape law reform and the feminist quest for justice

Abstract

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed between the two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law.     

Classifying a Person as a Sexual Partner: The Impact of Contextual Factors

This study assessed the influence of five factors on respondents' judgments of whether two hypothetical actors, Tom and Lucy, would consider each other to be "sexual partners." The factors were: respondent's gender, actor's gender, type of act (vaginal, anal, or oral intercourse), frequency of act (once, several times), and actors' dating status (not dating, dated once, dated for three months). 223 undergraduates (mean age 22.2 - 2.2 years; 65% female) read 16 hypothetical heterosexual behavior scenarios featuring Tom and Lucy and judged whether Tom (Lucy) would consider Lucy (Tom) to be a "sexual partner." Respondents thought the actors would be more likely to consider each other sexual partners if they had engaged in vaginal or anal intercourse as opposed to oral sex; if they had more frequent sex; or if they were in a steady dating relationship. Researchers and health care professionals should take contextual/situational factors into account when they ask respondents about their sexual partners.     

Trauma-Informed Police Responses to Rape Victims

ABSTRACT

Rape victims can benefit from trauma-informed approaches when reporting rape to police. Police interviewing skill can prevent survivor re-victimization while eliciting useful crime statements. However, rape myth acceptance and police culture may pose obstacles to a trauma-informed approach. Client empowerment, demystification, trigger reduction, and expressed concern for victim safety can be implemented by police agencies. Interdisciplinary collaboration, combating sexual harassment, gender balancing, emotional debriefing of officers, accountability to victims, new reporting methods, and advanced training protocols are elements of a trauma-informed approach.     

Social support,self-esteem and depression: Relationship with risk for sexually transmitted infections/HIV transmission

Sexually transmitted infections (STIs) and HIV are important health problems that affect adolescents. The aim of the present study was to analyze the relationship between 1) depression, self-esteem and perceived social support and 2) sexual risk behaviors according to gender. The sample used in this ex post facto study was composed of 1,005 adolescents of both sexes aged between 14 and 18 years. Participants completed several questionnaires in the classrooms of their secondary education schools. The questionnaires assessed depression, self-esteem and perceived social support and recorded information on sexual behavior and socio-demographic issues. Results showed that, among males, self-esteem predicted higher vaginal risk, depression was related to higher vaginal, anal and oral sexual risk, and perceived support from the family predicted lower vaginal and anal sexual risk. Among females, self-esteem was found to be associated with lower anal sexual risk and perceived support from friends predicted lower anal and oral sexual risk. The study highlights the importance of considering family and friends as well as gender differences in the prevention of STIs/HIV.     

An Exploration of Rapists' Motivations as Illustrated by Their Crime Scene Actions: Is the Gender of the Victim an Influential Factor?

An aim of this paper was to examine if the rapist's motivations of anger and power as inferred from rape crime scene behaviours differentiates between rape victim genders. In addition, it was sought to analyse the resistance strategies employed by rape victims to investigate whether gender influences victim–offender behavioural interactions. A sample of 24 female and 12 male rape victims aged from 13 to 39 years were analysed. The data were extracted from the US National Crime Survey, which contained 12 reported cases of male rape. It was hypothesised that the theme of power would be evident from the rapists' behaviour as illustrated by the crime scene actions and victim–offender interaction. Smallest Space Analysis, a multi‐dimensional scaling technique, was employed to identify the themes present in the perpetration of rape. The crime scene actions illustrated several distinctions relating to the theme of power present in the offender's motives irrespective of the victim's gender. An additional finding was that victim resistance strategies differentiated between male and female rape victims. Copyright © 2014 John Wiley & Sons, Ltd.     

An evolutionary analysis of psychological pain following human (Homo sapiens) rape: IV. The effect of the nature of the sexual assault

Mental pain is hypothesized to manifest an adaptation for analyzing and coping with social problems that would have reduced inclusive fitness in human (Homo sapiens) evolutionary history. We examined this hypothesis in the psychological pain of 790 rape victims. Reproductive-aged and postreproductive-aged victims were more likely than prereproductive-aged victims to have experienced vaginal intercourse and to have had sperm present in the reproductive tract. As predicted, vaginal intercourse constituted the most psychologically devastating form of sexual assault for reproductive-aged women. Nonreproductive-aged victims were not more traumatized by vaginal rapes. When rapes included ejaculation in the victim's reproductive tract, reproductive-aged victims may have been more traumatized. These results suggest that the psychology that regulates mental pain processes information about the nature of the sexual act in the event of a woman's rape.     

Male sexual assault victims: a selective review of the literature and implications for support services

In recent years much has been done to publicize the plight of female rape victims. However, the sexual assault of adult males has received little attention in the research literature or by the public. This paper provides a selective review of the research into the prevalence and effects of male sexual assault victims. Research shows that the effects of sexual assault on adult males are often severe. This paper also outlines findings from experimental studies that have shown that reactions towards male sexual assault victims depend on both the victim's sexual orientation and the perpetrator's gender. Finally, implications for support services are outlined. Victims of both male and female perpetrators are considered, and both gay and heterosexual victims are discussed in relation to the specific needs of these victims. The needs of transgendered victims are also briefly considered, as are the needs of the sexual partners of male sexual assault victims. This paper concludes by offering some suggestions for future research.     

Young Adults’ Perceptions of Non-Forcible Sexual Activity: The Effects of Participant Gender, Respondent Gender, and Sexual Act

There is a gendered double standard for both sexual activity and criminal victimization, in that female sexual actors and victims are generally viewed more negatively than their male counterparts. In this study, 485 U.S. undergraduates at a large Northeastern university completed a questionnaire in which the gender of the victim and the nature of the non-forcible sexual act (sexual intercourse or oral sex) were experimentally manipulated. The provided scenarios depicted statutory rape situations, characterized by age discrepancies between the two parties. Respondents were asked to rate each of the parties on a series of questions to determine their level of condemnation for each of the parties involved. We hypothesized the existence of a sexual double standard, such that female actors would be more condemned than males. Repeated measures ANOVA indicated that respondents were more condemning of female than male victims, regardless of which act was depicted. Furthermore, male respondents were more condemning of a female perpetrator of statutory rape than of her male victim, and also more condemning of a female victim than of her male perpetrator, whereas female respondents did not differentiate between the victim and perpetrator, regardless of the depicted victim gender or sexual act. That is, whether she was depicted as the victim or perpetrator of the act, the female was more condemned than her male counterpart. Overall, female respondents were more condemning than male respondents, regardless of which act was depicted. These findings suggest the presence of a sexual double standard in perceptions of statutory rape.     

A Defense of Stiffer Penalties for Hate Crimes

After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.     

Rape Myths and Social Distance Toward Sex Offenders and Victims among Therapists and Students

This study was designed to investigate the relationships between gender role stereotypes, rape myths, and social distance from sex offenders and sex crime victims among students and therapists. A Rape Myth Acceptance Scale, an Attitude Variables Questionnaire, and a Social Distance Scale were administered to 125 female social science students and 51 female therapists. The findings validated our hypothesis: traditional gender role attitudes and belief in rape myths were positively related to social distance. Although therapists were willing to be in social contact with both victims and offenders to a much greater degree than were students, both groups expressed a decline in willingness to have social contact with victims and offenders, especially when the relationships were closer and more intimate. It seems that three decades after the first studies of rape myths, prejudices and stereotypes concerning rape and rape victims still exist.     

Effects of Victim Gender and Sexuality on Attributions of Blame to Rape Victims

Previous research suggests that homosexual male rape victims receive more blame than heterosexual victims. In this study, we examined effects of victim gender and sexuality on judgments of victims of stranger rape by a male perpetrator. Participants read a rape vignette in which victim gender and sexuality varied, and then rated the amount of blame they attributed to the perpetrator and victim. Victims were attributed more blame if their sexual orientation suggested potential attraction to the perpetrator: gay men and heterosexual women received more blame than did lesbians and heterosexual men. Further, homophobic attitudes toward gay male victims increased the blame attributed to them: perpetrators of rape of gay men were seen as least responsible for their actions, and the character of gay male victims was seen to be a stronger contributory factor than it was for other victims.     

A COMPARISON OF GROUP AND INDIVIDUAL SEXUAL ASSAULT VICTIMS

The experiences of 44 group sexual assault victims (multiple offenders, one victim) were compared with 44 individual sexual assault victims (one offender, one victim). Sexual assaults included various degrees of sexual victimization ranging from verbal coercion to rape. Participants were located from among a national sample of 3,187 college women. Group sexual assaults, compared to individual sexual assaults, were in general more violent, involved greater resistance from the victims, and were more likely to be perpetrated by strangers or relatives and to involve an experience which met the legal definition of rape. Group sexual assaults were less likely to involve multiple episodes by the same offender(s). Group sexual assault victims were more likely than individual sexual assault victims to seek police and crisis services, to have contemplated suicide, and to have sought therapy postassault. Despite these differences, the two groups were similar in the amount of drinking and drug use during the assault and their scores on standardized measures of psychological symptoms.     

Differentiating sex offences: a behaviorally based thematic classification of stranger rapes

It is hypothesized that stranger rape victim statements will reveal a scale of violation experienced by the victim, ranging from personal violation, through to physical violation, and finally, at the most extreme level, sexual violation. It is also hypothesized that offences can be differentiated in terms of one of four themes: hostile, controlling, stealing, or involving. To test these hypotheses, crime scene data from 112 rapes were analyzed by the multi-dimensional scaling procedure Smallest Space Analysis. The results provide empirical support for a composite model of rape consisting of four behavioral themes as different expressions of various intensities of violation. The results also suggest that stranger rapes may be less about power and control than about hostility and pseudo-intimacy. The proposed model has implications for the classification of rape, the investigation of sexual crimes, and the treatment of victims.     

Provision of antiretroviral prophylaxis to child rape victims in South Africa: HIV status and delayed reporting

In a sample of 780 South African child victims of rape (girls under the age of 18 years; age M= 10.5 yr., SD=4.8), 10% did not qualify for antiretroviral prophylaxis because HIV status at presentation was positive and a further 34.1% did not qualify because the rape was reported more than 72 hours after the alleged offense. Regression analyses indicated that child rape victims who reported that they had been sexually active prior to the rape constitute a particularly high risk group for HIV infection and suggest primary and secondary prevention programs should be designed to decrease sexual activity among children and to encourage more immediate reporting of rape among younger children, children who are not sexually active, and children who are incestuously abused.     

FEMINIST APPROACHES TO RELIGION AND TORTURE

Feminists look critically at any infliction of pain on others, usually requiring that it be consensual, and often both consensual and for the benefit of the person afflicted. Most torture of women is not recognized under official definitions of torture because it is not performed by or with the consent of (government) officials. Women are, however, also victims of torture under official definitions as military or civilian prisoners or as members of defeated populations in war, and are more often subjected to sexual torture, which until recently has not been understood either as torture or even a war crime. Rape, especially serial gang rape, it is argued, should be understood as torture, as the essence of torture is the use of severe pain to obscure or obliterate the victim's sense of agency.     

The forgiveness process in primary and secondary victims of violent and sexual offences

It is possible that the physical and mental health of crime victims might be improved by forgiving those who have offended against them. To date, no research has been undertaken to examine the processes that influence victims' forgiveness. The goal of this project was to examine the forgiveness process in primary and secondary victims of violent and sexual crimes. In Study 1, qualitative data were collected by interviewing 21 people who had been affected by sexual or other violent crime. Data analysis identified five themes that were common to both primary and secondary victims, namely benefit of forgiveness, self‐forgiveness, perspective taking, offender behaviour, and time. An empowerment theme was unique to primary victims, and a principal victim theme was unique to secondary victims. To further explore these qualitative findings, a quantitative survey of 60 primary and secondary victims was conducted. Results confirmed that primary victims are pragmatic forgivers who are internally focused and forgive because that will benefit their healing. Conversely, secondary victims did not think forgiveness benefited, or would impact on, their own or the primary victim's recovery process. Neither group saw forgiveness as a moral issue, nor thought that forgiveness should influence whether an offender should face court.     

Effects of victim gender and physical vs. psychological trauma/injury on observers' perceptions of sexual assault and its aftereffects

Researchers have examined many underlying attitudes toward rape. Studies have focused on female victims while an increasing number of reported male rape victims has been overlooked. This study compared observers' attribution of guilt toward rape victims and their rapists. It also specified the trauma inflicted by either physical or psychological concomitants of rape victimization and compared the effect of such information on both blame and expectation of recovery. Participants were university students, primarily Caucasian, with mean ages 20.56 and 21.21 years for males and females, respectively. Female victims were judged more harshly than male victims. Length of imprisonment considered appropriate for guilty assailants was found to be greater when injury was done to one's own gender. Recovery was expected to be a lengthy process. Implications for social gender stereotyping and public attitudes concerning aftereffects of traumatic stress are discussed.