...According to the Webster’s online dictionary rape can be defined as, “The crime of forcing another person to submit to sex acts, especially sexual intercourse (Merriam Webster 2011).” With reference to marital rape this same concept is applied, except the conditions exist now within the commitment of a marital bond. Many persons feel as if, because a couple has made such a commitment to each other then, it is impossible for rape to exist within a marriage. The question arises, is there really such a thing as rape within the marriage? We feel as though it is in fact possible for one to be raped within this context, and throughout this document we will attempt to discuss the law as it presently stands with relation to the sexual offenses act, the proposed amendment of said law, our views as well as others concerning this issue. What Does Our Law Say About Marital Rape? Rape has long been considered as a scourge of humanity throughout various cultures around the world. It has been made illegal in almost every country as a result of the physical and emotional harm that it causes. The context of rape may vary from country to country and from culture to culture but in the Bahamian code of law, its definition is clearly defined. Before one can truly discuss marital rape the question must be asked, what is the definition of rape according to Bahamian law? The present law in the Bahamas defines rape as “the act of any person not under fourteen...
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... 2012 CJ 3345-XTIB 12/T3 Mrs. Kappeler Rape and the Different Types According to Siegel (2012), Under traditional common-law definitions, rape involves nonconsensual sexual intercourse that a male performs against a female he is neither married to nor cohabitating with. Rape is a major problem that many of us Americans are facing today. (p.339) There are so many people today whose lives are changed forever because of being raped. We have to protect ourselves and loved ones from being one of those victims. There have been many ways to try and stop the victims from becoming victims, but it is still going on in today’s society. Some of the types of rape range from gang, serial, date, acquaintance, statutory, and marital. They differ in how, who, and when the victim is being raped. In this paper I am going to be explaining what is rape and the different types that are found in today’s criminal justice system. Rape started back in the Middle Ages where it was common from men to find women to take and rape them. According to Siegel (2012), During the Middle Ages, it was common for ambitious men to abduct and rape wealthy women in an effort to force them into marriage.(p.339) Rape is not only when a man rapes a women, but it can be a man over a man or women over man or another woman. As time passed from the Middle Ages, rape has affected many people in the world. There are many laws that are out now to protect victims to help make sure...
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...Marital Rape By Amy Hoekwater December 21, 2012 AMU/CMRJ306 Prof. Natasha Richardson After murder, alone in the United States of America, the prevalence of rape is happened to be second crime that every two minutes sexual harassment case is reported. The most consistent and trustworthy study on the crime was conducted by the US Department of Justice's National Crime Victimization. The study highlights that during the year 2007, about 248,300 sexual harassment cases reported. In the United States, there are various definitions have been drafted to describe the act since it is regarded as a most complicated topic. The spousal rape is characterized as non-consensual and unwanted sex by victims’ spouse, when women surrender due to force or threat or when she don’t want to cohabit (Bergen,1996; Pagelow, 1984; Russell, 1990) According to the findings of the researcher, mostly married women were the victims of force-only sex. The ratio ranges between 10% and 14% (Finkelhor & Yllo, 1985; Russell, 1990). This crime ignored by law, practitioner, social scientists, criminal justice organism and by society too. By 1970, emerged as society and started recognizing that in marital relation rape cold also happen. With the development of time and maturity of law, legal community thought to start or compile work on this significant topic since it is said that wives since taken as personal asset of the husband and that husbands has right to have criminalized rape in marriage...
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...A Crime Gone Unreported There are a large number of unreported rapes in the United States. “63% of completed rapes, 65% of attempted rapes, and 74% of completed and attempted sexual assaults against females were not reported to the police” between 1992 and 2000 (Rennison, 2002). The fear of retaliation, the fear of embarrassment, and the thought that telling anyone would not help are the most prevalent reasons why victims do not reach out. Rape is the act of sexual intercourse with another individual without their consent, with force or the threat of some kind of harm. Rape, which is also known as sexual assault in some jurisdictions, is underreported and under prosecuted. According to RAINN (Rape, Abuse & Incest National Network) which uses statistics from the U.S. Department of Justice’s National Crime Victimization Survey, ”every 2 minutes someone in the United States is sexually assaulted and each year there are about 213,000 victims of sexual assault” ("How often does," 2009). As previously stated, 63% of completed rapes against females were not reported to the police. The reasons differ for every man or woman that has been faced with this situation, but what I see to be the most reoccurring reasons are personal reasons and those that include embarrassment, the fear of retaliation, and the thought that if they did report the crime they would have to endure the courts and police procedures. In other countries, a women who is raped can be exiled out of their family...
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...Problems With The Law on Rape in Nigeria By Aloy Ojilere,* Introduction The law relating to rape in Nigeria is rarely discussed even though rape occurs very often and is considered as the most dehumanizing act that can be done on a woman or girl.1 The opinion has also been held that "Nigerian female victims of rape are rater punished by the laws that be and stigmatized by society instead of being rendered justice to and protected.2 This paper will examine the laws relating to rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual...
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...characteristic that every crime shares is a perpetrator and a victim. Rape is a big problem in the United States. Each year thousands of women and men are raped, 17.7 million women have been raped at one point in their lives and 2.8 million men. Rape is considered the most unreported crime in the United States. In the 1970’s is when major awareness started to take shape for victims of rape, such as rape crises centers, medical protocols, and laws to protect rape victims. Criminal status concerning rape differs from state-to-state, but the Federal code is nationwide. There are two different ways that rape is reported; one is through private research organizations and the second is through the U.S. Department of Justice. The NIJ conducts a survey each year to measure reported crime and unreported crime, along with the private research groups. Even then, both organizations have certain guidelines in how they obtain their statistics. With certain guidelines in place, the statistics are good, but not a 100% accurate on exactly how many men, women, and children are raped. Only small percentages of rapes are reported each year to law enforcement and it is important to continue the study of rape and sexual assault issues in the United States to properly get better control of the problem. Women and girls seem to be higher risks targets for rape then men and boys. There is little research that exists on male victims of rape. According to the Bureau of Justice, “women between the ages...
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...that affect women as a class. Introduction This paper reviews individual and societal forms of violence against women that occur in the United States and throughout the world. Its purpose is to assist readers in recognizing and managing these phenomena and to encourage them to advocate locally and nationally for solutions to violence issues facing women worldwide. Violence against women is a technical term used to refer to violent acts which are primarily committed against women. Similar to a hate crime, this type of violence targets a specific group with the victim's gender as a primary motive. It includes physical, emotional, economic, financial, sexual, and spiritual abuse due to their gender. The Declaration on the Elimination of Violence Against Women, adopted by the United Nations General Assembly in 1993, defines violence against women as “any act of gender based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. It encompasses, but is not limited to, “physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry related violence, marital rape, female genital mutilation and other traditional practices harmful to women (World Health...
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...Throughout the years rape culture is something that has been in the news, daily lives, online, and in the media pretty regularly lately. Rape has been defined as, “Unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent. Medical professionals have tried to categorize rape to legitimize it. The first category is Gift-From-God-Rape which means that if the rape resulted a pregnancy then it was meant to happen. The second category, Legitimate Rape states that if the rape was legitimate then the female body cannot become pregnant because it shuts down during the attack. 32,000 women get pregnant from rape in the United States each year. In cases where the woman did get pregnant her rapist can now obtain custodial rights to the child, even if he was convicted of the rape. Our culture has begun to place more importance with the parentage of a child than the safety of the child and the mother. The last category is by far the worst; Enjoyable rape is the notion that if a person is going to be raped, then they should lay back and enjoy it. Recently it seems that we see or hear someone talking about rape culture at every turn, but this is far from a new problem. It is, however, being talked about for the first time. With the internet changing the way that people can network over great distances, more people are speaking out and...
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...Introduction This project is based on the issue of rape. Is consist of the causes, effects, preventive methods that can be taken to reduce ones self from being targeted. Expository Piece What is rape? This is the non-consensual act of sexual intercourse whether anal, oral, or vaginal penetration, that involves the lack of consent as a result of use of force, violence, duress, menace or immediate and unlawful bodily injury, or if the person is in capable of giving consent because he or she is incapacitated from alcohol and or drugs, or if a mental disorder or development or physical disability renders the victim incapable of giving consent. There types of rape are stranger rape and marital rape. Marital rape is sub-divided into three categories, these are violent rape, force-only and sadistic rape. Stranger rape is usually one off or someone you don’t know while marital rape the circumstances are different. It is quite apart from physical and sexual violation, a betrayal of trust because this is your spouse; the person that you thought you knew intimately, with whom believe was the last person to throw harm your way. Violent rape occurs as the name suggests when the abuser uses enough physical violence to cause injury to the victim. Force-only rape is quite different as this usually includes using only enough force on the part of the abuser to control or hold the victim in position. While sadistic rape is sometimes also present. This tends to indicate...
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...Acid rain SEE ALSO Pollution Acid Rain Acid Rain Adoption (interracial, unmarried persons, gays) Adoption; Gay parents; Interracial adoption Adoption AIDS AIDS (Disease); AIDS (Disease) in children AIDS (Disease); Pediatric AIDS (Disease) Alzheimer's disease Alzheimer's disease Alzheimer's disease Animal rights Animal experimentation; Animal rights Animal experimentation; Animal rights Anorexia and Bulimia SEE Eating disorders Athletes and drugs Doping in Sports Drugs and Athletes Banking Bailout (2008) Bailout Battered women SEE ALSO Wife Abuse Abused women Conjugal abuse Birth control Birth control; Contraception Birth control; Contraception Black Reparations Movement Reparations; Slavery--Law and legislation Reparations Body language Body language; Gesture; Nonverbal communication Nonverbal communication Bullying Bullying Bullying; Cyberbullying Business ethics Business ethics; Corporations - Corrupt practices Business ethics; Business enterprises, Corrupt practices Capital punishment (Death Penalty) Capital punishment; Death row Capital punishment Cancer Cancer--Prevention SEE ALSO types of cancer, such asBreast--Cancer Neoplasms--Prevention and Control;Cancer Treatment Censorship SEE ALSO Freedom of the Press Censorship; Prohibited books Censorship; USA Patriot Act 2001-US AND Civil liberties; Filtering software;Banned books Child abuse SEE ALSO Domestic violence Abused...
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... Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead of leading the way in tackling crime, Delhi only seems to do worse year after year. For instance while the national crime rate declined negligibly by .02 % in 2006; Delhi's rate grew to 357.2more than double the national average of 167.7. Women in India There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women...
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...uses two types of programs to measure crime in the United States. The two types of programs are the Uniform Crime Reporting Program (URC) and National Crime Victimization Survey (NCVS). Which both have valuable details about the crime problems that are going on in the world.Since both programs are used to do different things and methods, both do focus on different crimes and there aspect. The data that they produce together is used for comprehensive crime problems that are going on in the world. The UCR program is directed by the FBI and collects different data on crimes like, murders, no negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny theft motor vehicle theft, and arson. Which the law enforcers reports the crime and arrest data for other crimes categories. The data is updated on a monthly basis. The programs compare monthly reports and counts the crimes; it counts the world’s crimes as a whole. The National Crime Victimization Survey provides details and photos of the crimes and victims. It collects information on rapes, sexual assaults, person robberies, and simple assault home burglary, thefts and many other types of crimes. The NCVS collects information about the different crimes that have been cause in their own household even if the law enforcement do not report it or not. If a victim gives a report the survey data provides about your (sex, age, race, ethnicity, marital status, income educational, and criminal history....
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...torture and rape women in their custody with impunity. If the victims bring complaints of rape before the courts, unless they can prove that they did not give their consent they may be punished for unlawful sexual intercourse under laws which explicitly discriminate against women. Women face cruel, inhuman and degrading punishments such as floggings and stoning to death. The discrimination against women in law reinforces their vulnerability to other human rights violations. Women's rights are seen as being of secondary importance and women are in a particularly weak position if they try to gain redress. It is always difficult to prosecute law enforcement personnel who have raped women in their custody. In Pakistan the law relating to rape creates an additional hurdle. Despite the number of women who have been beaten and raped in police custody, few police officers have ever been prosecuted for such violations of women's basic human rights. In the rare cases in which police officers have been convicted of abusing women in their custody, the convictions have always been overturned on appeal. Women who have been raped are at risk of being convicted of unlawful sexual intercourse. The victim's testimony is not taken into account in rape trials when maximum penalties are at stake. So a woman who has been raped can be sentenced to imprisonment, flogging in public or death by stoning after a trial in which she was given no chance to testify. The law under which a victim of rape may herself...
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...ROE v. WADE 410 U.S. 113 (1973) STATEMENT OF THE CASE: The Procedural Road from State Courts to the Supreme Court Appeal: In 1970, Norma McCorvey, a pregnant single woman, sought to terminate her pregnancy however, she was unable to do so because in her home state of Dallas, Texas, abortion was illegal with the exception of extreme cases of medical necessity, not applicable to her. McCorvey, using the name “Jane Roe” as an alias, filed suit at the district level against Henry Wade, the District Attorney for Dallas County, Texas, challenging the constitutionality of the Texas state laws prohibiting abortions and seeking an injunction against its enforcement, (in other words, the Appellant asked the court to forbid the district attorney from prosecuting anyone else under the Texas abortion law in the future). The district court ruled in favor of McCorvey, but ultimately failed to resolve the matter in a practical sense by refusing to issue an injunction to prevent the existing legislation from being enforced. Due to the district court’s refusal to enjoin future prosecutions for abortion, Roe and her attorneys appealed to the U.S. Supreme Court and the case was granted certiorari. By the time the case reached the Supreme Court, however, McCorvey had already given birth, but the Court entertained the case anyway, reasoning that if the traditional standards of mootness and the exclusion of advisory opinions were upheld, no pregnant Plaintiff could ever successfully litigate...
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...Women Lawfully Protecting Women: Brazil’s Women Police force It’s hard for citizens in the United States to consider the idea that honor can be used as a defense for murdering ones spouse when the commit adultery. Or that “violent emotions” could be used to justify a man to kill his wife and her lover when caught. This is not hard for citizens in many other countries to understand, nor is it something that doesn’t cross the men’s minds in countries when their spouses are not faithful. In particular Brazil has seen this happen many times, even as recently as the 1990’s. There are some important changes during that time and there are now Women Police stations set up through out Brazil to combat these crimes and other domestic crimes against women. The set up for these police organizations ran by women started during the recognized women movements in Brazil around 1985. This paper will look into the some of the history and cases in violence against women. Then how women movements helped propel specific gender issues. Lastly discuss the creation of Women Police Departments and their problems and success today. In 1979, Raul Doca Street, murdered his lover when she wanted to end the relationship. 1981 a famous Brazilian, Lindomar Castilho, shot his wife and her cousin, thought to be lover. In both cases the judge sentenced each man to merely 2 years in prison on the defense of “violent emotion.” Both cases were appealed and due to the protest of women groups they...
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