Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Property damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

This article is about a form of sexual assault. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Sexual assault is any Assault of a sexual nature on another person For other uses, see Rape (disambiguation).

Rape, sometimes called sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without their consent. Sexual assault is any Assault of a sexual nature on another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract Sexual penetration is the Penetration of a Bodily orifice, such as the Vagina, Anus or Mouth, with a body part or another object Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability Rape is generally considered a serious sex crime as well as a civil assault.

The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions.

The rape of women by men is by far the most frequent form of the assault, with an estimated 91% of rape victims being female and 9% being male while 99% of offenders are male. ^[1] Also, studies have found that most rapes are committed by persons known to the victim, and that only 2% are committed by strangers. ^[2]

The systematic rape of a civilian population by an occupying army is considered a war crime. A civilian under International humanitarian law is a person who is not a member of his or her Country 's Armed forces. War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied

Definitions

In most jurisdictions, the crime of rape is defined to occur when sexual intercourse or other form of sexual penetration takes place (or is attempted) without the consent of one of the parties involved. Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract Sexual penetration is the Penetration of a Bodily orifice, such as the Vagina, Anus or Mouth, with a body part or another object Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability

There is no universally accepted distinction between rape and other forms of assault involving one or both participant's sexual organs. When the term "rape" is used, some criminal codes explicitly consider all kinds of forced sexual activity to be rape, whereas in others only acts involving penis penetration of the vagina. The penis (plural penises, penes The vagina (from Latin, literally " Sheath " or " Scabbard " is a fibromuscular tubular tract leading from the Uterus In recent years, women have been convicted of raping men; this is classed as either rape or sexual assault, or some other legal terminology. Sexual assault is any Assault of a sexual nature on another person In some jurisdictions, rape may also be committed by assailants using objects, rather than their own body parts, against the sexual organs of their target. ^[3] Some places, such as the U. S. state of Michigan, do not use the term "rape" at all in criminal codes. Michigan ( is a Midwestern state of the United States of America. Michigan uses the term "criminal sexual conduct" for acts which colloquially would be referred to as "rape" or "sexual assault". ^[4]

Rape is frequently defined in terms of sexual penetration. Sexual penetration is the Penetration of a Bodily orifice, such as the Vagina, Anus or Mouth, with a body part or another object In some jurisdictions, the penetration need not be by a penis but can be by another body part (e. g. one or more fingers, i. e. digital penetration) or by an object (e. Fingering is the practice of using fingers to stimulate the Clitoris, Vagina or Anus. g. a bottle), or may involve the forcing of a vagina or anus onto a penis by a female assailant.

Other jurisdictions expand the definition of rape to include other acts committed using the sexual organs of one or both of the parties, such as oral copulation and masturbation, for example, again without valid consent. Oral sex refers to sexual activities involving the use of the Mouth, and may include use of the Tongue, Teeth, and Throat, in order Masturbation refers to Sexual stimulation especially of one's own genitals ( self masturbation) and often to the point of Orgasm, which

In Scotland, rape is a gender-specific crime, meaning it can only be committed by males upon females. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Oral, anal and male rape do not constitute rape, nor is digital penetration sufficient. ^[5]

In Brazil, the definition of rape is even more restrictive. It is defined as non-consensual vaginal sex. Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract ^[6] Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape. Anal sex most often refers to the sex act involving insertion of the Penis into the Rectum. Oral sex refers to sexual activities involving the use of the Mouth, and may include use of the Tongue, Teeth, and Throat, in order Instead, such an act is called a "violent attempt against someone's modesty" ("Atentado violento ao pudor"). The penalty, however, is the same.

Consent

The rape of noblewoman Lucretia was a starting point of events that led to overthrow of Roman Monarchy and establishment of Roman Republic. Lucretia is a legendary figure in the history of the Roman Republic. The Roman Kingdom ( Latin: Regnum Romanum) was the monarchical Government of the city of Rome The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the As a direct result of rape, Lucretia committed suicide. Multiple pieces of art were inspired by events, including ones from Shakespeare, Botticelli, Rembrandt, Dürer, Raphael, Geoffrey Chaucer, Thomas Heywood and others. The Rape of Lucrece ( 1594) is a Narrative poem by William Shakespeare about the legendary Lucretia. The Tragedy of Lucretia is a painting by the Italian Renaissance master Sandro Botticelli, painted between 1496 and 1504 Rembrandt Harmenszoon van Rijn (July 15 1606 &ndash October 4 1669 was a Dutch painter and etcher. Albrecht Dürer (ˈalbʀɛçt ˈdyʀɐ ( May 21, 1471 &ndash April 6, 1528) was a German painter, Printmaker Raphael Sanzio, usually known by his first name alone (in Italian Raffaello) (April 6 or March 28 1483 – April 6 1520 was an Italian painter and Geoffrey Chaucer (c 1343 – 25 October 1400? was an English author poet Philosopher, bureaucrat, courtier and Diplomat. Thomas Heywood (early 1570s&mdash 16 August[[ 641]] was a prominent English playwright actor and miscellaneous author whose peak period of activity falls between Picture:The Rape of Lucretia by Titian

In any allegation of rape, the absence of consent to sexual intercourse on the part of the victim is critical. Tiziano Vecelli or Tiziano Vecellio (c 1485 &ndash August 27 1576 better known as Titian, was the leading painter of the 16th-century Venetian Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract Consent need not be express, and may be implied from the context and from the relationship of the parties, but the absence of objection does not of itself constitute consent.

Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent. For English law on the criminal defence see Duress in English law. Duress may be actual or threatened force or violence. Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes Even blackmail may constitute duress. Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word consent. See also Rwandan Genocide The International Criminal Tribunal for Rwanda ( ICTR) is an International court established in November It defined rape as: "a physical invasion of a sexual nature committed on a person under circumstances which are coercive. "^[7]

Valid consent is also lacking if the victim lacks an actual capacity to give consent, as in the case of a victim with a mental impairment or developmental disability, or is judgmentally impaired or incapacitated by alcohol or drugs (legal or otherwise). Developmental disability is a term used to describe life-long disabilities attributable to mental and/or physical or combination of mental and physical impairments Developmental disability is a term used to describe life-long disabilities attributable to mental and/or physical or combination of mental and physical impairments In Chemistry, an alcohol is any Organic compound in which a Hydroxyl group ( - O[[hydrogen H]]) is bound to a Carbon A drug, broadly speaking is any chemical substance that when absorbed into the body

Consent can always be withdrawn before the actual sexual intercourse takes place, so that any further sexual activity after the withdrawal of consent constitutes rape.

The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations. (See age of consent. While the phrase age of consent typically does not appear in legal Statutes when used with in relation to sexual activity, the age of consent is the minimum age at ) Such cases are sometimes called statutory rape or "unlawful sexual intercourse", regardless of whether it was consensual or not. The phrase statutory rape is a term used in some legal jurisdictions to describe consensual Sexual relations that take place when an individual (regardless of gender has sexual Informed consent is a legal condition whereby a person can be said to have given Consent based upon an appreciation and understanding of the facts implications

In times gone by and in many countries still today marriage is said to constitute at least an implied consent to sexual intercourse. However, marriage in many countries today is no longer a defence to rape or assault. In some jurisdictions, a person cannot be found guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock). ^[8] However, in many of those jurisdictions it is still possible to bring prosecutions for what is effectively rape by characterizing it as an assault. ^[9]

History

Main article: History of rape

Konstantin Makovsky. The concept of Rape, both as an abduction and in the Sexual sense (not always distinguishable makes its first historical appearance in Konstantin Yegorovich Makovsky (Константин Егорович Маковский — was an influential Russian painter, affiliated with the " Wanderers The Bulgarian martyresses. The Bulgarians (българи balgari) are a South Slavic people generally associated with the Republic of Bulgaria and the Bulgarian language 1877 Atrocities of bashibazouks in Bulgaria. A bashi-bazouk or bashibazouk ( Turkish başıbozuk, "damaged head" meaning "leaderless" "disorderly" was an The state of Bulgaria (България transliterated bg-Latn ''Balgaria'' The country preserves the traditions (in ethnic name language and alphabet of the First Bulgarian

The word rape originates from the Latin verb rapere: to seize or take by force. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. In Roman law, rape was classified as a form of crimen vis, "crime of assault. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting "^[10] Unlike theft or robbery, rape was termed a "public wrong" iniuria publica as opposed to a "private wrong" iniuria privita. ^[11] Augustus Caesar enacted reforms for the crime of rape under the assault statute Lex Iulia de vi publica, which bears his family name, Iulia. Augustus ( Latin: IMPERATOR·CAESAR·DIVI·FILIVS·AVGVSTVS September 23 63 BC – August 19 AD 14) born Gaius Octavius Thurinus, was It was under this statute rather than the adultery statute of Lex Iulia de adulteriis that Rome prosecuted this crime. ^[12] Emperor Justinian confirmed the continued use of the statute to prosecute rape during the 6th century in the Eastern Roman Empire. Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or ^[13] By late antiquity, the general term raptus had referred to abduction, elopement, robbery, or rape in its modern meaning. Late Antiquity (c 300-600 is a Periodization used by historians to describe the transitional centuries from Classical Antiquity to the Middle Ages, in Confusion over the term led ecclesial commentators on the law to differentiate it into raptus seductionis (elopement without parental consent) and raptus violentiae (ravishment). Both of these forms of raptus had a civil penalty and possible excommunication for the family and village receiving the abducted woman, although raptus violentiae also incurred punishments of mutilation or death. ^[14]

Throughout parts of ancient history, the crime of rape was viewed less as a variety of assault on a female's autonomy, but rather a serious property crime against the man to whom she "belonged. "Ancient" redirects here For other uses see Ancient_(disambiguation. " This was especially true in the case of betrothed virgins, as the loss of chastity was perceived as severely depreciating her value to her husband. Chastity is Sexual behavior of a man or woman acceptable to the ethical norms and guidelines of a culture civilization or Religion. The law, in such cases, would void the betrothal and demand financial compensation from the rapist, payable to the woman's household, whose "goods" were "damaged". ^[15] Under biblical law, the rapist might be married to the unmarried woman instead of receiving the civil penalty if her father agreed. This was especially prevalent in laws where the crime of rape did not include, as a necessary element, the violation of the woman's will, thus dividing the crime in the current meaning of rape and a means for a man and woman to force their families to permit marriage. NOTICE TO WOULD-BE ROMEOS ************** ^[16]

From the classical antiquity of Greece and Rome into the Colonial period, rape along with arson, treason and murder was a capital offense. The term ancient Greece refers to the period of Greek history lasting from the Greek Dark Ages ca Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC This article is about a type of political territory For other uses see Colony (disambiguation. In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. "Those committing rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular. " In the 12th century, kinsmen of the victim were given the option of executing the punishment themselves. "In England in the early fourteenth century, a victim of rape might be expected to gouge out the eyes and/or sever the offender's testicles herself. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland "^[17]

The English common law defined rape as "the carnal knowledge of a woman forcibly and against her will. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Carnal Knowledge is a 1971 American Drama film. The film was directed by Mike Nichols and written by Jules Feiffer "^[18] The common law defined carnal knowledge as the penetration of the female sex organ by the male sex organ (it covered all other acts under the crime of sodomy). A sex organ, or primary sexual characteristic, as narrowly defined is any of the anatomical parts of the body which are involved in sexual reproduction and constitute Sodomy (ˈsɒdəmi is a term used today predominantly in Law (derived from traditional Christian usage to describe the act of Anal intercourse, Oral intercourse The crime of rape was unique in the respect that it focused on the victim's state of mind and actions in addition to that of the defendant. The victim was required to prove a continued state of physical resistance, and consent was conclusively presumed when a man had intercourse with his wife. A wife is a Female spouse or participant in a Marriage, or Civil union or Civil partnership. "One of the most oft-quoted passages in our jurisprudence" on the subject of rape is by Lord Chief Justice Sir Matthew Hale from the 17th century, "rape. Sir Matthew Hale SL (1 November 1609 – 25 December 1676 was a Lord Chief Justice of England. . . is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent. "^[18] Lord Hale is also the origin of the remark, "In a rape case it is the victim, not the defendant, who is on trial. " This propensity to "blame the victim" continues to this day, despite modern judicial reforms which have sought to eliminate this perception. Additionally, gender neutral laws have combated the older perception that rape never occurs to men,^[18] while other laws have eliminated the term altogether. ^[19]

Many additional developments in law with regard to rape took place during the twentieth century. These included landmark decisions by the International Criminal Tribunal for Rwanda that defined rape as an institutionalized weapon of war and a crime of genocide. See also Rwandan Genocide The International Criminal Tribunal for Rwanda ( ICTR) is an International court established in November War is an international relations Dispute, characterized by organized Violence between National Military units Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group

The modern criminal justice system is widely known for being unfair to sexual assault victims. (Macdonalds, 2001) Both sexist stereotypes and common law combined to make rape a "criminal proceeding on which the victim and her behavior were tried rather than the defendant". (Howard & Francis, 2000) Since the 1970s many changes have occurred in the perception of sexual assault due in large part to the feminist movement and its public characterization of rape as a crime of power and control rather than purely of sex. The feminist movement (also known as the Women's Movement or Women's Liberation) is a series of campaigns on issues such as Reproductive rights (sometimes However, a victim is still put on trial in most rape cases. Rape and Prosecution In some countries the women's liberation movement of the 1970s created the first rape crisis centers. This movement was led by the National Organization for Women (NOW) ([10]). One of the first two rape crisis centers, the D. C. Rape Crisis Center, opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim. In 1960 law enforcement cited false reporting rates at 20%. By 1973 the statistics had dropped to 15%. After 1973 the New York City Police Department used female officers to investigate sexual assault cases and the rate dropped to 2% according to the FBI. (DiCanio, 1993). False reporting rates are difficult to interpret, as it varies by location what constitutes "false". Whether that means the police or the DA did not feel their was enough evidence for an arrest or to take it to trial. Whether the case was dropped, or if a court rule not-guilty. Or whether a victim recanted. And all of these possibilities do not necessarily mean that a report is false, as they are often made as reactions to victim blaming.

An important part of the history of rape is the foundation of RAINN in 1994 by Tori Amos and Scott Berkowitz. RAINN is central to the modern history of the rape crisis movement as it founded the national sexual assault hotline and provides statistics and information to the media. "Popular press" redirects here note that the University of Wisconsin Press publishes under the imprint "The Popular Press"

Male-male rape has historically been shrouded in secrecy due to the stigma men associate with being raped by other men. See also Rape Rape can be categorized in different ways for example by reference to the situation in which it occurs by the identity or characteristics According to psychologist Dr Sarah Crome fewer than one in ten male-male rapes are reported. As a group, male rape victims reported a lack of services and support, and legal systems are often ill equipped to deal with this type of crime. ^[20]

Most cultures worldwide have not considered the possibility that women can commit rape against men and women. Most legal codes on rape do not legislate for this as a crime, as rape is generally defined to include the act of penetration on behalf of the rapist. As of 2007, in South Africa a gang of women has reportedly been raping young men. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Gangsters redirects here For the computer game see Gangsters (video game. ^[21] However, the relevance of this issue has been overshadowed by more prominent instantiations of rape, and it is widely regarded, particularly by feminists and academics interested in feminist issues and sexual matters of intellectual interest, that until the more prominent issues of rape are addressed first, not much will come of the former, less common instances of rape, as addressed here. Feminism is a discourse that involves various movements theories, and Philosophies which are concerned with the issue of Gender difference, advocate

In war

Main article: War rape

Rape, in the course of war, also dates back to antiquity, ancient enough to have been mentioned in the Bible. War rape describes Rape committed by Soldiers, other Combatants or civilians during Armed conflict or War. War is an international relations Dispute, characterized by organized Violence between National Military units Etymology According to the Online Etymology Dictionary, the word bible is from Latin biblia, traced from the same word through Medieval Latin and Late Latin The Israelite, Greek, Persian and Roman troops would routinely rape women and boys in the conquered towns. The history of Ancient Israel and Judah is known to us from classical sources including Judaism 's Tanakh or Hebrew Bible (known The term ancient Greece refers to the period of Greek history lasting from the Greek Dark Ages ca The Persian Empire was a series of Iranian empires that ruled over the Iranian plateau, the original Persian homeland and beyond in Western Asia Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC In the modern era, rape is considered to be a war crime when committed by soldiers in combat.

As many as 80,000 women were raped by the Japanese soldiers during the six weeks of the Nanking Massacre. ^[22] The term "Comfort women" is a euphemism for the estimated 200,000 Korean and Chinese women who were forced into prostitution in Japanese military brothels during World War II. Japanese war crimes occurred during the period of Japanese imperialism. A euphemism is a substitution of an agreeable or less offensive expression in place of one that may offend or suggest something unpleasant to the listener or in the case of doublespeak The Empire of Japan ( {{unicode|Kyūjitai}}: ja 大日本帝國 Shinjitai: ja 大日本帝国 pronounced Dai Nippon Teikoku World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including ^[23] At the end of World War II, Red Army soldiers are estimated to have raped around 2,000,000 German women and girls. Soviet war crimes gives a short overview about serious crimes committed by the Red Army 's (1918-1946 later Soviet Army) leadership and an unknown number of single ^[24][25] French Moroccan troops known as Goumiers, committed rapes and other war crimes after the Battle of Monte Cassino. Goumier is a term used for Moroccan soldiers who served in auxiliary units attached to the French Army, between 1908 and 1956 Monte Cassino has made it the repeated scene of battles and Sieges from antiquity. (See Marocchinate. Marocchinate ( Italian: plural of marocchinata, literally translatable as "Moroccaned (woman" )^[26]

It has been alleged that an estimated 200,000 women were raped during the Bangladesh Liberation War by the Pakistani army^[27], though this has been disputed by many including the Indian academic Sarmila Bose [11] and at that at least 20,000 Bosnian Muslim women were raped by Serb forces during the Bosnian War. The Bangladesh Liberation War (i ( Bengali: মুক্তিযুদ্ধ Muktijuddho) was an armed conflict between West Pakistan (later The Bosniaks or Bosniacs (Bošnjak pl Bošnjaci bɔ'ʃɲaːt͡si are a South Slavic people living mainly in Bosnia and Herzegovina ("Bosnia" The War in Bosnia and Herzegovina, commonly known as the Bosnian War, was an international armed conflict that took place between March 1992 and November 1995 ^[28] Wartime propaganda often alleges mistreatment of the civilian population by enemy forces and allegations of rape figure prominently in this, as a result it is often very difficult both practically and politically to an accurate view of what really happened.

Motivation

Main article: Motivation for rape

Types

Main article: Types of rape

There are several types of rape, generally categorized by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. There is no single theory that conclusively explains the motivation for Rape; the motives of rapists can be multi-factorial and are the subject debate See also Rape Rape can be categorized in different ways for example by reference to the situation in which it occurs by the identity or characteristics Different types of rape include but are not limited to: date rape, gang rape, marital rape, prison rape, acquaintance rape, and wartime rape. UCSB's SexInfo.

Though people tend to assume otherwise, rape by a stranger is by far the least common form of rape. ^[2]

Rape by perpetrator^[2]

Alcohol and/or other drug use is frequently involved in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking were 29% of all rapes. ^[2]

Contrary to widespread belief, rape outdoors is rare. Over two thirds of all rapes occur in someone's home. 30. 9% occur in the perpetrators' homes, 26. 6% in the victims' homes and 10. 1% in homes shared by the victim and perpetrator. 7. 2% occur at parties, 7. 2% in vehicles, 3. 6% outdoors and 2. 2% in bars. ^[2]

Most rape research and reporting to date has been limited to male-female forms of rape. Research on male-male and female-male is beginning to be done. However, almost no research has been done on female-female rape, though women can be charged with rape. ^[29]

False accusation

There have been many widely reported examples of false accusations of rape, including Mabel Hallam, Agnes Loebeck, Kristie Brown, Tawana Brawley and Crystal Gail Mangum, but the actual extent of false reporting is unknown. The Springfield Race Riot of 1908 was a mass Civil disturbance in Springfield Illinois, USA sparked by the transfer of two African American This article is on the 1919 riot For people with the name Willie Brown see Willie Brown. Marcus Dwayne Dixon (born September 16, 1984 in) is an American football Defensive end who is a Practice squad player for the Tawana Brawley is a black woman from Wappingers Falls New York. The 2006 Duke University lacrosse case was a Scandal that started in March 2006 when Crystal Gail Mangum an African American Stripper and escort A. W. Burgess and R. R. Hazelwood observe that "little is published which addresses the issue and concept of false allegation. " The classification of "false reporting" makes no distinction between women who wilfully misreport and women who mistakenly identify innocent men. ^[30] Figures on false reporting used by journalists have ranged from 2% to 50% depending on their sources:

". . . one explanation for such a wide range in the statistics might simply be that they come from different studies of different populations. Statistics is a mathematical science pertaining to the collection analysis interpretation or explanation and presentation of Data. . . But there's also a strong political tilt to the debate. A low number would undercut a belief about rape as being as old as the story of Joseph and Potiphar's wife: that some women, out of shame or vengeance . Potiphar (or Potifar) (; Egyptian origin p-di-p-rʿ; "he whom Ra gave . . claim that their consensual encounters or rebuffed advances were rapes. If the number is high, on the other hand, advocates for women who have been raped worry it may also taint the credibility of the genuine victims of sexual assault. An advocate is one who speaks on behalf of another person especially in a legal context "^[31]

In her work, "The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault", Michelle J. Anderson of the Villanova University School of Law states: "As a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown. Villanova University' is a private university located in Radnor Township, a suburb northwest of Philadelphia, Pennsylvania in the United States "^[32] The FBI's 1996 Uniform Crime Report states that 8% of reports of forcible rape were determined to be unfounded upon investigation,^[33] but that percentage does not include cases where an accuser fails or refuses to cooperate in an investigation or drops the charges. Year 1996 ( MCMXCVI) was a Leap year starting on Monday (link will display full 1996 Gregorian calendar) The Uniform Crime Reports ( UCR) contain official data on crime that is reported to law enforcement agencies across the country who then provide the data to the A British study using a similar methodology that does not include the accusers who drop out of the justice process found a false reporting rate of 8% as well. ^[34]

In 1994, Dr. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Eugene J. Kanin of Purdue University investigated the incidences, in one small urban community, of false rape allegations made to the police between 1978 and 1987. Year 1978 ( MCMLXXVIII) was a Common year starting on Sunday (link displays the 1978 Gregorian calendar) Year 1987 ( MCMLXXXVII) was a Common year starting on Thursday (link displays 1987 Gregorian calendar) Unlike those in many larger jurisdictions, this police department had the resources to "seriously record and pursue to closure all rape complaints, regardless of their merits". The falseness of the allegations was not decided by the police, or by Dr. Kanin; they were ". . . declared false only because the complainant admitted they are false. " The number of false rape allegations in the studied period was 45; this was 41% of the 109 total complaints filed in this period. ^[35]

A 2006 paper by N. S. Rumney in the Cambridge Law Journal provided an exhaustive account of studies of false reporting in the USA, New Zealand and the UK. ^[36] A tabulated list of studies on false reporting published between 1968 and 2005 placed the percentage of false reports between a minimum on 1. 5% (Theilade and Thomsen, 1986) and a maximum of 90% (Stewart, 1981). Rumney notes that early researchers tended to accept uncritically Freudian theories which purported to explain the prevalence of false allegations, while in more recent literature there has been "a lack of critical analysis of those who claim a low false reporting rate and the uncritical adoption of unreliable research findings" (p. 157) Rumney concludes that "as a consequence of such deficiencies within legal scholarship, factual claims have been repeatedly made that have only limited empirical support. This suggests widespead analytical failure on the part of legal scholarship and requires an acknowledgement of the weakness of assumptions that have been constructed on unreliable research evidence".

Statistics

Main article: Rape statistics

A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. Statistics on rape are common in western countries and are becoming more common throughout the world The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force The reported data covered 65 countries. ^[37]

According to United States Department of Justice document Criminal Victimization in the United States, there were overall 191,670 victims of rape or sexual assault reported in 2005. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department ^[38] Only 16% of rapes and sexual assaults are reported to the police (Rape in America: A Report to the Nation. 1992). ^[39] 1 of 6 U. S. women has experienced an attempted or completed rape. ^[40]

Some types of rape are excluded from official reports altogether, (the FBI's definition for example excludes all rapes except forcible rapes of females), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police do not advance to prosecution. ^[41]

In addition, rape by women is a barely understood phenomenon that is widely denied in most societies and one that usually causes surprise, shock, or utter revulsion. ^[42]

In the United States, according to the National Crime Victimization Survey, the adjusted per-capita victimization rate of rape has declined from about 2. The National Crime Victimization Survey ( NCVS) administered by the Bureau of Justice Statistics, is a national survey of approximately 77200 households in the 4 per 1000 people (age 12 and above) in 1980 to about 0. 4 per 1000 people, a decline of about 85%. ^[43] But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a higher victimization rate. ^[44]

While researchers and prosecutors do not agree on the exact percentage of false allegations, they generally agree on a range of 2% - 8%. ^[45] The belief that false allegations of rape are a problem is common. Unfortunately, that belief can discourage victims from reporting for fear of being put on trial themselves:^[46]

According to a report of the Defense Department Inspector General released in 2005, approximately 73% of women and 72% of men at the military service academies believe that false accusations of sexual assault are a problem. ^[47]

Cundiff (2004) argued that the inavailability of another outlet for male sexual desires, such as prostitution, may contribute to the prevalence of rape. Prostitution is the act of performing Sexual activity in exchange for Money. ^[48]

The research on convicted rapists has found several important motivational factors in the sexual aggression of males. ^[49] Those motivational factors repeatedly implicated are having anger at women and having the need to control or dominate them. ^[49] In one study, it was found that rapists had less empathy toward women that had been sexually assaulted by an unknown assailant and more hostility toward women than nonsex offenders and nonoffender males. ^[50] Most rapists do not have a preference for rape over consensual sex. ^[51] Around 90% of rapists who participated in a 1986 study by Baxter et al. were more aroused by depictions of mutually enjoyable sex than violent rape. ^[52] There are not significant differences between the arousal patterns of rapists and nonrapists. ^[53]

From 2000-2005, 59% of rapes were not reported to law enforcement. ^[54][55] One factor relating to this is misconception that most rapes are committed by strangers. ^[56] In reality, according to the Bureau of Justice Statistics, 38% of victims were raped by a friend or acquaintance, 28% by "an intimate" and 7% by another relative, and 26% were committed by a stranger to the victim. About four out of ten sexual assaults take place at the victim's own home. ^[57]

More than 67,000 cases of rape and sexual assaults against children were reported in 2000 in South Africa. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Child welfare groups believe that the number of unreported incidents could be up to 10 times that number. A belief common to South Africa holds that sexual intercourse with a virgin will cure a man of HIV or Aids. Human immunodeficiency virus ( HIV) is a Lentivirus (a member of the Retrovirus family that can lead to acquired immunodeficiency syndrome South Africa has the highest number of HIV-positive citizens in the world. According to official figures, one in eight South Africans are infected with the virus. Edith Kriel, a social worker who helps child victims in the Eastern Cape, said: “Child abusers are often relatives of their victims - even their fathers and providers. The Eastern Cape is a province of South Africa. Its capital is Bhisho. ”^[58]

According to University of Durban-Westville anthropology lecturer and researcher Suzanne Leclerc-Madlala, the myth that sex with a virgin is a cure for AIDS is not confined to South Africa. The University of Durban-Westville was formerly a University situated in Westville, Durban built in the 1970's “Fellow AIDS researchers in Zambia, Zimbabwe and Nigeria have told me that the myth also exists in these countries and that it is being blamed for the high rate of sexual abuse against young children. The Republic of Zambia (ˈzæmbɪə is a Landlocked country in Southern Africa. See also Great Zimbabwe National Monument. For information about the March and June 2008 presidential elections see Zimbabwean presidential election Nigeria, officially named the Federal Republic of Nigeria, is a federal Constitutional republic comprising thirty-six states and one Federal Child sexual abuse is a form of Child abuse in which a child is abused for the sexual gratification of an adult or older adolescent ”^[59]

Effects

For more details on this topic, see Effects of rape and aftermath. Gynecological Common physical injuries received by rape victims include Vaginal bleeding or infection Fibroids decreased

After being raped it is common for the victim to experience intense, and sometimes unpredictable, emotions, and they may find it hard to deal with their memories of the event. Victims can be severely traumatized by the assault and may have difficulty functioning as well as they had been used to prior to the assault, with disruption of concentration, sleeping patterns and eating habits, for example. Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. They may feel jumpy or be on edge. In the month(s) immediately following the assault these problems may be severe and very upsetting and may prevent the victim from revealing their ordeal to friends or family, or seeking police or medical assistance. Friendship is a term used to denote co-operative and supportive behavior between two or more beings Family denotes a group of People affiliated by consanguinity affinity or co-residence This may result in Acute Stress Disorder. Symptoms of this are:

• feeling numb and detached, like being in a daze or a dream, or feeling that the world is strange and unreal
• difficulty remembering important parts of the assault
• reliving the assault through repeated thoughts, memories, or nightmares
• avoidance of things, places, thoughts, and/or feelings that remind the victim of the assault
• anxiety or increased arousal (difficulty sleeping, concentrating, etc. )
• avoidance of social life or place of rape

It can also cause Post-Traumatic Stress Disorder (PTSD). However while the effects of rape can be truly horrible, and can impact some survivors' ability to function, it is important to remember that a survivor's response to rape is as unique and different as every person is. In fact a survivor may not have any of these responses to the rape, or they may have them, but not immediately following the assault. It's important to remember that there is no one correct way for a survivor of assault to respond to it.

Victim blame

Main article: Victim blaming

"Victim blaming" is holding the victim of a crime to be in whole or in part responsible for what has happened to them. Victim blaming is holding the victims of a Crime, an Accident, or any type of Abusive maltreatment to be entirely or partially responsible for In the context of rape, this concept refers to the Just World Theory and popular attitudes that certain victim behaviours (such as flirting, or wearing sexually-provocative clothing) may encourage rape. ^[60] In extreme cases, victims are said to have "asked for it", simply by not behaving demurely. In most Western countries, the defense of provocation is not accepted as a mitigation for rape. ^[61] A global survey of attitudes toward sexual violence by the Global Forum for Health Research shows that victim-blaming concepts are at least partially accepted in many countries. In some countries, victim-blaming is more common, and women who have been raped are sometimes deemed to have behaved improperly. Often, these are countries where there is a significant social divide between the freedoms and status afforded to men and women. ^[62] Despite longstanding feminist campaigns of activism and agitprop dedicated to the elimination of harmful rape myths (attitudes and beliefs conducive to sexual violence), virulent memes persist; many members of the public still contend that at least some women are prone to masochism and deception. ^[63]

Sociobiological perspectives

Main article: Sociobiological theories of rape

Some argue that rape, as a reproductive strategy, is encountered in many instances in the animal kingdom (i. Sociobiological theories of rape are theories that explore to what degree if any evolutionary adaptations influence the psychology of rapists Reproduction is the Biological process by which new individual Organisms are produced e: ducks, geese, and certain dolphin species). For duck as a food see Duck (food; for other meanings see Duck (disambiguation. Goose (plural geese) is the English name for a considerable number of Birds belonging to the family Anatidae. Dolphins are Marine mammals that are closely related to Whales and Porpoises There are almost forty species of dolphin in seventeen genera. ^[64][65] It is difficult to determine what constitutes rape among animals, as the lack of informed consent defines rape among humans. Informed consent is a legal condition whereby a person can be said to have given Consent based upon an appreciation and understanding of the facts implications See also Non-human animal sexuality. Animal sexual behaviour takes many different forms even within the same Species.

Some sociobiologists argue that our ability to understand rape, and thereby prevent it, is severely compromised because its basis in human evolution has been ignored. Sociobiology is a neo-Darwinian and Socialism Synthesis of Scientific disciplines that attempts to explain Social behavior eVolution is the third Album by eLDee, it was due to be released in 2008 ^[66] Some studies indicate that it is an evolutionary strategy for certain males who lack the ability to persuade the female by non-violent means to pass on their genes. Evolutionary game theory (EGT is the application of interaction dependent strategy drift in populations to Game theory. ^[67]

American social critic Camille Paglia, and some sociobiologists, have argued that the victim-blaming intuition may have a non-psychological component in some cases. Camille Anna Paglia (born 2 April 1947 in Endicott New York) is an American Author, Teacher, Feminist and Social critic Some sociobiological models suggest that it may be genetically-ingrained for certain men and women to allow themselves to be more vulnerable to rape, and that this may be a biological feature of members of the species. Genetics (from Ancient Greek grc-Latn genetikos, “genitive” and that from grc-Latn genesis, “origin” a discipline of Biology, is ^[68]

Loss of control and privacy

Rape has been regarded as "a crime of violence and control" since the 1970s. Psychological analysis literature identifies control as a key component in most definitions of privacy:

• "Privacy is not the absence of other people from one's presence, but the control over the contact one has with them. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively " (Pedersen, D. 1997).
• "Selective control of access to the self. " (Margulis, 2003)

Control is important in providing:

• what is needed need for normal psychological functioning;
• stable interpersonal relationships; and
• personal development. (Pedersen, D. 1997)

Violation of privacy or "control" comes in many forms, with sexual assault and the resulting psychological traumas being one of the most explicit forms. Many victims of sexual assault suffer from eating disorders such as anorexia nervosa and bulimia, which also center around control issues. Anorexia Nervosa is a psychiatric Diagnosis that describes an Eating disorder characterized by low Body weight and Body image distortion Bulimia nervosa is an Eating disorder characterized by recurrent Binge eating, followed by compensatory behaviors referred to as "purging" Therefore, some argue that it makes more sense to look at the issue of sexual assault as an invasion of privacy (Mclean, D. 1995):

The more comfortable a person is with talking about invasion of privacy and in insisting that he or she has privacy that deserves respect, the clearer that person’s understanding of rape will be…

Approaching rape through the concept of privacy helps bypass certain social stigmas. Social stigma is severe social disapproval of personal characteristics or Beliefs that are against cultural norms.

The U.S. Supreme Court ruled in Kansas v. Hendricks that a predatory sex offender can be civilly committed upon release from prison. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Kansas v Hendricks is a case in which US Supreme Court set forth procedures for the indefinite Civil commitment of prisoners convicted of a Sex offense

Criminal punishment in the United States

In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, naval or U. S. -flagged merchant vessels in international waters, or a U. S. military base. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.

Because there are 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. The term rape is not used in federal law. Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code.

Under federal law the punishment for rape can range from a fine to the death penalty. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used in the to override consent. If the perpetrator is a repeat offender the maximum sentence is automatically doubled.

Different categorizations and maximum punishments for rape under federal law^[69][70]

See also

• Anti-rape female condom
• Causes of rape
• Child sexual abuse
• Comfort women
• Date rape
• Effects of rape and aftermath
• Honor killing
• Laws about rape
• Marocchinate
• Prison rape
• Rape by sex
• Rape crisis center
• Rape culture
• Rape fantasy
• Rape shield law
• Serial rape
• Sociobiological theories of rape
• Spousal rape
• Statutory rape
• Systematic rape
• Types of rape

Notes

Further reading

• Smith, Merril D. The United States Code ( USC) is a compilation and Codification of the general and permanent federal Law of the United States. (2004). Encyclopedia of rape. Westport, Conn: Greenwood Press. ISBN 0-313-32687-8.  
• King, Michael B. ; Mezey, Gillian C. (2000). Male victims of sexual assault. Oxford [Oxfordshire]: Oxford University Press. ISBN 0-19-262932-8.  
• Marnie E. , PHD. Rice; Lalumiere, Martin L. ; Vernon L. , PHD. Quinsey (2005). The Causes Of Rape: Understanding Individual Differences In Male Propensity For Sexual Aggression (The Law and Public Policy. ). American Psychological Association (APA). ISBN 1-59147-186-9.  
• Palmer, Craig; Thornhill, Randy (2000). A natural history of rape biological bases of sexual coercion. Cambridge, Mass: MIT Press. ISBN 0-585-08200-6.  
• Denov, Myriam S. (2004). Perspectives on female sex offending: a culture of denial. Aldershot, Hants, England: Ashgate. ISBN 0-7546-3565-1.  
• Bergen, Raquel Kennedy (1996). Wife rape: understanding the response of survivors and service providers. Thousand Oaks: Sage Publications. ISBN 0-8039-7240-7.  
• Groth, Nicholas A. (1979). Men Who Rape: The Psychology of the Offender. New York, NY: Plenum Press, 227. ISBN 0-738-20624-5.  
• Shapcott, David (1988). 'The Face of the Rapist. Auckland, NZ: Penguin Books, 234. ISBN 0-14009-335-4.  
• Lee, Ellis (1989). Theories of Rape: Inquiries Into the Causes of Rape. Taylor & Francis, 185. ISBN 0-89116-172-4.  

External links

• Rape at the Open Directory Project
• Rape Crisis Information Pathfinder Research