Abstract page
Rape laws have sought to control the sexual appetites and conduct of people through institutionalized means like marriages and other forms of consensual sexual relations. While the act of rape in itself is a heinous and reprehensible form of violence in modern society, it would not be right to suggest that rape is a physical act.
Rather it is the domination of one force over the other. There are definitely different theories about rape that could be applied in empirical situations, but it needs to consider many aspects in individual cases. The first theory that is being taken up is that from a feminist point of view, rape is perhaps an expression of the patriarchal social system which we follow. This system makes the male gender all-powerful, in his relation with other women and also with other men.
The next theory is that of Social constructs of rape that could emanate from the fact that when violence is socially condoned or exonerated, especially in the higher strata, it tends to branch off into other forms of socially undesirable offshoots. Rape definitely could be seen as one form of such social violence, It would be best to argue that it is indeed a combination of both psychological and social factors that are responsible for the current state of affairs in this area.
Both the theory that deals with human aspects and individual characteristics, including genetic, environmental, and behavioral aspects are important as is the socio-cultural scenario and landscape that favors or even encourages such deviant conduct.
Introduction
The criminal behavior that is being chosen for this paper is that of rape or forcible sexual conduct. This crime is the act of forcible sexual union with another person, against the victim’s will, volition and consent. In other words, rape could constitute a sexual penetration of another person, without the victim’s permission or consent. In today’s society, rape is considered a serious crime that could even attract the death penalty, and often, “Rape is found to be rated serious independently of any factors” (Acock & Ireland, 1983, para.1).
Over the years, through social development and enactment of stringent laws that forbid the ravage of another person through forcible means, rape laws have sought to control sexual appetites and conduct of people through institutionalized means like marriages and other forms of consensual sexual relations. While the act of rape in itself is a heinous and reprehensible form of violence in modern society, it would not be right to suggest that rape is a physical act.
More so, it is seen as an act that perpetuates the power of the perpetrator over the victim, the enforcement of powers that the subjugator has over the victim, and not the mere physical sex act, through which dominance is established.
Research studies have established beyond reasonable doubt that there are both psychological and non-psychological theories for the occurrences of rape in American society. Through this paper, it is sought to consider rape in the context of American society, what are the psychological and non-psychological theories that motivate raping including date rapes, serial rapists, marital rapes, and what are the most compelling reasons for this kind of sexual deviation in the modern world.
Later, these theories would be applied in the actual context and how these theories would fit in the sexual crimes. Finally, it would also be necessary to consider which of the two theories does the best job of explaining involvement in rape cases and situations
That being said, it is now necessary to identify the psychological factors from the non-psychological ones. The psychological factors delve into the mind of the rapist, his mental state of mind, and psychic framework, before, during and after the perpetration of the crime. Was the rape crime revenge against a particular victim or against society as a whole?
The psychological aspects would also need to consider pent up sexual frustrations and inadequacies that finally give vent through the sexual act of rape. Other researchers have even attributed rape, not only in terms of violent behavior but also as confirmation and manifestation of one’s person’s authority and dominance over another, owing another’s body for pleasure and sexual enjoyment.
Description of the crime or act of delinquency you have selected for your analysis (be specific in your description)
Most of the modern criminal laws in the United States of America are based on English common law. The act of rape denotes violation of the body and spirit (being unconsensual) of the victim. However, mere words, or rhetoric cannot establish the truth in rape cases. In order to be established beyond reasonable doubt, the victim must be able to prove the following existed:
- An act of physical and mental violation of the person had indeed taken place
- It was performed without consent or choice, by the perpetrator(s).
- As a consequence of this, the victim suffered injuries and trauma.
To guard against false accusations, a corroboration rule was added to the requirements. The corroboration of rape need to be confirmed through some kind of irrefutability evidence like he presence of seminal fluid or bruises sustained by the victim during scuffles or evidence or testimony borne by witnesses. Based on the English Model, US Courts had also accepted the death penalty for sexual offences, which later was reduced to life imprisonment. However, with increased rape incidences, some states have even adopted the death penalty for second conviction of rape.
Perhaps one of the major aspects in rape is the degree of coercion and brutal force used by the stronger adversary, thus creating a situation wherein the victim had no other alternative, except to be ravished and die. In quite a few cases, especially date rapes, the victims cannot prove, or deny, that they had not let ‘them on’ and actually contributed through words and actions to the perpetration of the crime. This is more pronounced when drugs, alcohol and sedation is also involved.
The question of what transpires under the effects of heavy drinking, drug taking or sedation, either by one or both parties may well be outside the purview of court proceedings or inquiry. Besides, in the case of marital rape, it could be seen as the basest forms of rape that could take place’“Marital rape is so destructive because it betrays the fundamental basis of the marital relationship, because it questions every understanding you have not only of your partner and the marriage, but of yourself.
You end up feeling betrayed, humiliated and, above all, very confused” (Marital rape, n.d, para.5). There are definitely different theories about rape that could be applied in empirical situations, but it needs to consider many aspects in individual cases. It would be far fetched to generalise on delicate aspects of rape, especially in terms of its planning, whether pre-mediated or not, relationship or otherwise between the parties to it, incriminating and circumstantial factors, including precipitating conduct and its after effects.
In the US context, there are many myths surrounding rape, which may or may not be relevant. But the basic premise that needs to be considered is that preventive aspects of rape are more relevant. There also needs to be social awareness of the various aspects governing it, and ways and means by which this evil could be contained.”Tong offers a similar conclusion about “where to begin: in our schools, our churches, and in our homes.
If our children can transcend the patterns of male sexual aggression and female sexual submission that have held us captive for so long, then rape need no longer be the pervasive problem that is it today” (Rape myth and the dispositionist impulse, n.d, p.118). It is now necessary to consider the psychological and non –psychological context of rape in order to have a better understanding of how each underpins the other, and which of these could have a stronger impact in actual rape situations.
Description and application of the psychological theory you have selected
The theory is what I would like to enjoin first. This is that from a feminist point of view, rape is perhaps an expression of the patriarchal society system which we follow. This system makes the male gender all powerful, in his relation with other women and also with other men. Thus in a male dominated society, where women have unequal powers and perhaps even lesser participation in the criminal justice system, it is quite possible that rape perpetrators may be released scot free, and may even have to serve a lighter sentence.
The punishment does not commensurate with the crime, does not provide justice to the victims and their families, nor, in any way acts as social deterrence. The psychological theory stems from the age concept that men are stronger, bolder and worldlier conscious than women, and this has endured the passage of time and changing moral values. Again, another aspect is that many of the rape cases are not pursued or tried by the police or the law enforcement authorities.
Again, the fact that there may be little convincing, or no evidence against the suspect perpetrator may also go against the victim’s complaint. This theory suggests that there needs to be major reforms in rape laws that could provide commensurating rights to females to purse their cases in non male courts that could provide a greater degree of justice than what is available in a male dominated and controlled criminal justice society.
In most cases, the myths surrounding victims is that they have been unwittingly a part of the rape due to their dressing style and seductive behavior that could have instigated the perpetrator to misbelieve that the prey actually wished to have sex with the other person. Circumstantial evidence may also be clinching in this aspect. The need for the plaintiff counsel would not only be in terms of proving the case, but also in terms of proving the innocence of the rape victim.
Coming to the next aspect, a plethora of mental buildups could cause persons to commit sexual offences, including nursing grudges against society in general. Indeed, an act of rape need not be a physical act; it could be interpreted as a person’s overwhelming desire to harm society or the societal strata of which everybody is a part. The innate desires of the perpetrator could range from perversion (stimulated by pornography), social malcontency and even social inadequacies and fractured family life. It could also be due to the harboring of childhood psychic injuries, or ill-treatment at the hands of women.
A person who has had a harrowing and sorrowful would carry these traumas in his psyche over time, leading to deep rooted mental maladjustments that could explain social deviant conduct, like rape and other sexual assaults. “The vast majority of rapes are committed by men against women, but male-on-male rape and female sexual aggression against men have also been recognized during recent years, as reflected in changes in legal definitions as well as in research attention” (Hrahe, 2010, p.217).
Description and application of the non-psychological theory you have selected
The non –psychological theory is in terms of the fact that society, to a very large extent is to be blamed for the increasing degrees of proliferation of rape in this country. The Social constructs of rape could emanate from the fact that when violence is socially condoned or exonerated, especially in the higher stratas, it tends to branch off into other forms of socially undesirable offshoots.
Rape definitely could be seen as one form of social violence, and carried on a mass scale, is a major social scourge that needs to be arrested and controlled. The law enforcement authorities are only one part of the story. Citizens themselves need to guard against such social evils, and take necessary pre-emptive and pro active measures that could effectively address such concerns. Citizens Action Committees and social reform agencies need to devote time and efforts in gaining popular support for anti rape laws and the safeguarding of people interests.
The theory that seems plausible is that lack of integrity and weaker regulatory social norms are some of the major ills that has inflicted social evils like rape and non consensual sexual conduct. In all candidness, the socio cultural dividing line between rape and consensual sex is indeed blur, especially, when circumstantial evidence are lacking and the general consensus are conflicting. A lady of the street could hardly bring an action of rape, no matter how damning the evidence in her favor.
Thus, beside the psychological aspects, the social and socio cultural aspects are also influential and abiding. Social stability, the lack of progressive reforms in this direction, social indifference and an onerous and tedious legal process are enough deterrents for constructive reforms in this critical are of human living and welfare.
Analysis (state which theory does the best job of explaining the crime type)
It would be best to argue that it is indeed a combination of both psychological and social factors that are responsible for the current state of affairs in this area. Both the theory that deals with human aspects and individual characteristics, including genetic, environmental and behavioral aspects are important as is the socio cultural scenario and landscape that favors or even encourages such deviant conduct. For the perpetrators it is a form of entertainment and pleasure outlet, watching the victims squirm and suffer for the rest of their lives.
Yet the law enforcement and legislation falls short of dealing with this problem in its right perspective. There is indeed the dire necessity to translate policies and practices into actions, more so in the changing and more challenging criminal scenarios that are in store in the future of this country.
Summary and conclusion
Rape is indeed a heinous and reprehensible crime, during which unsolicited sexual license is created unilaterally. While there are many theories that try to explain rape and its perpetration, including the feminist and male chauvinistic notions, there is need to consider rape not in isolation with personality characteristics.
Societal landscapes and restrictions do place strictures of sexual conduct which, along with repressed negative emotions, does manifest in rape and forced sexual transgressions. The other theory that has been examined is that of societal mores and, perhaps a recalcitrant legal system which provides little succor for victims. On the other hand, society itself has encourage such wrongdoing by condoning violence and anti-social behavior.
The need for sound reforms and its inexonerable enforcement has not come too late. Citizens’ forums and action committees for one could provide the needed inputs to strike early and prevent sexual misconduct and deviance. Besides, major deterrence need to established that could offer greater protection for potential hapless victims of perhaps a social and legal system that could do with strong and enforceable laws that could guard the lives and welfare of the innocent people of this country against the evil machinations of criminal designs.
Reference List
Acock, A. C., & Ireland, N. K. (1983). Attribution of blame in rape cases: The impact of norm violation gender and sex- role attitude. Springer Link. Web.
Hrahe, B. (2010). Rape prevention. Science Direct, p.217. Web.
Marital rape. (n.d.). Hidden Hurt. Web.
Rape myth and the dispositionist impulse. (n.d.). Shen Dissertation, p.118. Web.