Tag: Sexual assault

  • Rape New Definitions, Women Rape Men

    I have, in my earlier posts , indicates that the definition of ‘Rape’ is very sensitive and highly complicated.

    Is Rape Actual penetration?

    Fondling?

    Kissing any part?

    Or Groping?

    Making Lewd comments?

    Or looking at a woman lecherously?

    Is Rape restricted to the rape women onyl?

    What if a woman, in a change of mind accuses one of Rape to frame him?

    Is rape restricted to the same gender?

    Consensus intercourse-how does not one define it?

    How does one prove that, by taking that into writing?

    These are hazy areas .

    While rape of a woman is a heinous offence, so is the rape of Men.

    It is accepted that in case of Rape the woman’s word is taken as the Truth.

    Need not necessarily be.

    Women Rape Men
    Women Rape Men

    Some efforts are made in the US to redefine rape.

    Here is a story from The New York Times.

    Provides serious food for thought.

    Story:

    Another decade passed before the “earnest resistance requirement,” which asked rape victims to establish that they had sufficiently fought off their assailants even when those assailants held weapons, was expunged.

    Given these standards, rapists typically avoided imprisonment. There were 1,085 arrests for rape made in New York City in 1969; only 18 resulted in convictions.

    The dismantling of various cultural and judicial obstacles to successful prosecution has proceeded well enough that we can now conduct civic debates about rape at the level of semantics. When former Representative Todd Akin of Missouri and other Republican politicians betrayed outrageous ignorance of the meaning and consequences of the crime last year, Americans responded with a virtually uniform voice of reproof and disgust at their language. “Rape is rape” was the meme quickly ignited to counter the lunacy.

    And yet in some sense, the crisp clarity of that phrase is belied, however inadvertently, by a burgeoning progressive movement to broaden the legal understanding of the term. Last year, the Federal Bureau of Investigation changed its definition of “forcible rape” to include other types of sexual attacks when it gathers statistics.

    Currently, there are two proposals in the State Legislature that seek to alter our thinking.

    One, offered by Assemblywoman Aravella Simotas, Democrat of Queens, would re-categorize instances of forced oral and anal “conduct” as rape. They are currently punishable under the penal code as “criminal sexual acts,” and at the first-degree level come with the same strict sentencing guidelines that accompany rape convictions. This would not change if the bill were to become law. The move, in effect, is purely symbolic, intended to offer the victims of certain sexual crimes the permission to see themselves as survivors of rape in the eyes of the court. As Ms. Simotas has said: “No one goes around saying they were criminally sexually acted upon. Rape is a powerful word.”

    This is indisputable, but we might deploy the same reasoning to argue that the power it levies, despite our best efforts, is stigmatizing and that our use of the word ought to be ratcheted down rather than up. As it happens, various states have eliminated the term rape from criminal codes in favor of more clinical language.

    http://www.nytimes.com/2013/02/24/nyregion/debating-the-semantics-of-rape.html?ref=nyregion

    Related:

    “Some of the newspapers mentioned that after I saw the guy masturbating, I didn’t report it. I did. I reported it,” the woman said in an interview outside her apartment on the Upper West Side. “There was a park ranger who came by, and I stopped him immediately and showed him the picture. And I said: ‘Look at this picture. This guy is in the Ramble.’ And the ranger said, ‘Oh, O.K., I’ll look out for him.’ ”

    The rangers, who work for the New York City parks department, have the power to make arrests and issue citations with their primary responsibility being to ensure that people abide by park rules. The ranger walked toward the Ramble, and the woman believed she had done all she was supposed to.

    “I felt that was enough,” she said.

    Vickie Karp, a spokeswoman for the parks department, referred questions about whether the victim approached a ranger and what rangers’ responsibilities in such situations are to the Police Department.

    http://www.nytimes.com/2012/09/15/nyregion/central-park-rape-suspect-was-sought-in-a-2002-murder.html

    Women Rape Men.

    Former U.S. Marine James Landrith joined HuffPost Live to tell his story of being raped by a pregnant woman decades ago. As host Mike Sacks points out, female sexual predators are often depicted as objects of teenage fantasy in popular culture, but this ignores the fact that men can be victims of rape by women.

    Earlier this year, the United States government updated its official definition of rape to include any gender of the victim and perpetrator.

    Watch Video in the Link:

    http://www.huffingtonpost.com/2012/12/01/women-raping-men-a-surviv_n_2224204.html

     

  • Rapes Drinking Media

    I had posted recently  two articles on the Reasons for Rape.

    A rape Poster.
    A rape Poster.

    One post dealt with the publicity seekers and the media coverage which seemed to have only the TRP in its mind.

    And the issue of punishing the accused in th recent Delhi Gang Rape descended  into a free for all for men Bashing and demand for more Freedom for women  to dress and  move about.

    In the din some issues  have been left out.

    One such dangerous influence is Drinking,.

    Rape Statistics US.
    Figure 1. Of the 12.1 million American women who have been raped, nearly 30% were assaulted when they were younger than 11 years old. Another 32% were raped between the ages of 11 and 17; 22% were raped between the ages of 18 and 24; 10% were between the ages of 25 and 28. 6% of rapes occurred in women over the age of 29.

    Alcohol use by the victim or the perpetrator is frequently associated with acquaintance rape.

    • In one, study 26% of men who acknowledged committing sexual assault admitted that they were intoxicated at the time of the assault, and an additional 29% reported being mildly buzzed—55% were under the influence of alcohol.
    • In the same study 21% of the college women who experienced sexual aggression on a date were intoxicated at the time of the assault, and an additional 32% reported being mildly buzzed—53% were under the influence of alcohol.
    • More than once a minute, 78 times an hour, 1,871 times a day, girls and women in America are raped.

    Sexual assault has nothing to do with passion; it uses power and control to dominate and humiliate victims.

    • 50% of rapists are between the ages of 15 and 24 years old (see Figure 1).
    • Studies consistently conclude that 75% of all assaults are planned.  When three or more assailants are involved, the number climbs to 90%.
    • 78% of rape victims know their attackers.

    The average annual rate of rape and sexual assault among American Indians is 3.5 times higher than for all races.

    • American Indian victims of violence are the most likely of all races of victims to indicate that the offender committed the offense while drinking.
    Race of victim Percent of victims of violence reporting offender drinking (average annual percentage 1992-1996)
    American Indian 46%
    Black 28%
    White 36%
    Asian 22%

    .

    • Victims of rape and sexual assault often don’t report the crime to the police and often do not report it to anyone.
    • According to Bureau of Justice Statistics, over 70 % of sexual assaults are not reported. For Native women reporting can be really difficult because of the high level of mistrust for white agencies and helpers.  Other reasons Native women do not report sexual assault is the fear of being ostracized by their families, as well as the complicated jurisdictional issues on reservations.
    • The National Violence Against women survey indicated a 15.9 percent victimization rate of American Indian/Alaska Natives by an intimate partner—significantly higher than for women of other races.
    • Of the 854 American Indians convicted in federal court in fiscal year 1997, 20 % were convicted for rape.”

    Now if we look at the coverage of Media on the recent gang rape , how many of them focused on the issue of punishing th guilty?

    They concentrated more who said what on the ‘Rape’

    The jokers who came on the Television channels were interested in cheap publicity and said things more for shock value so that they may be noticed.

    Even those who had the interests of women were crude to the point of calling women names, instead of asking them to be careful.

    This type of coverage is not new.

    Media, including print Media sensationalizes any thing that is perverted.

    Look at the coverage they extend to father/uncles raping a child, women/murdering their husbands with the help of their paramour,

    revealing /nude photographs under the garb of social reporting and Fashion.

    Look at our own Times of India, whose TimesNow cried Foul the most in the recent gang Rape, publishing a Page In Your City showing faceless people showing off cleavage, writing about drinking parties.!

    Now to Investigative reporting.

    In the name of revealing the inner world of Tees the SUn publishes the Diary of Two Teens.

    Found out that on Friday Hetty got three love bites, two from Luke and one from Jake.

    May 17, 1993: Went to athletics. Tom is such a b*****d. He took my trainers so I took one of his and Katy took the other.

    Then Jake threw one over the fence!

    He took my hair ruffle and went to get his trainers so me and Katy followed him into the boys’ changing rooms and he attacked me with his Lynx (deodorant)

    It went all in my hair so Katy tipped his pencil case out and we kicked it around and then I got my ruffle back.

    July 1, 1993: Teacher found out about Katy going to an all-night party.

    She thinks she is sleeping with a boy in the year above us and she has to tell her mum. I hope she is OK.

    July 2, 1993: Katy told her mum and she didn’t mind.

    I was surprised but I wish my mum was like that.”

     http://www.thesun.co.uk/sol/homepage/woman/4744201/my-mad-fat-diary-readers-entries.html#ixzz2I6YpojO6

     

    http://www.montana.edu/wwwai/imsd/alcohol/Vanessa/vwrapefactsheet.htm

    .

  • Rape Reforms, Complaint, Trial, Post-Delhi Gang Rape.

    Rape is a heinous crime that calls for a social rethink.

     

    Rape
    Rape

     

    The following points may be borne in mind.

     

    Procedure for lodging a Complaint.

     

    The procedure for Complaining about rape is just as in another case.

     

    You go to a Police Station, state  the case and get a First Information Report (FIR)

     

    As in other cases, there is jurisdictional red tape in accepting these complaints.

     

    This has to be made Jurisdiction Free and any Police Station must accept the case.

     

    Medical Test is now conducted, to be acceptable to the Court , is to be carried out by A Government Hospital.

     

    This procedure must change to enable Private Hospitals as well and all these Hospitals must have the  expertise and infrastructure to prepare the report.

     

    The Forensic Report must be complete within A week from the date of FIR.

     

    Trial

     

    Trials are long and tedious.

     

    To cut this short, no adjournments will be allowed in a Rape Case Trial.

     

    The Appeal time should be restricted to not more than 15 days.

     

    Initial Judgement must be delivered within 15 days from the Date of the  FIR with Forensic Report

     

    Punishment for the Rapists.

     

     

    It is normal to clamor for Death Sentence now, as we are too upset to think .

     

    The world is slowly doing away with death penalty .

     

    The punishment should be Life imprisonment, with no personal visits for the Culprit.

     

    Prevention of Rape.

     

    I have posted on the reasons for rape in India.

     

    The following points need elucidation.

     

    Just as one does not jay walk in the center of the Road, one must not go about in tempting clothes.

     

    Late night parties, Pub culture,Free outings with out some one who is related  or a close friend are some points worth noting.

     

    Freedom brings on Responsibility and an awareness of danger.

     

    Men and women must understand the basic nature of instincts, that of Sex and unless one is guarded one’s Life will be ruined.

     

    A note of caution.

     

    It is not ways true that all Rape complaints are genuine.

     

    As in Dowry cases the law may be used to settle scores.

     

    The circumstantial evidence must be examined carefully and the back ground of the man/woman must be examined thoroughly.

     

    We also have ‘Consensual  intercourse’ which is tricky;one can have it and later call it a Rape.

     

    This could happen in  married case also.

     

    To minimize the risk, a time frame of 72 hours must be  fixed for reporting a crime.

     

    Important of all is that you have your whole Life ahead of you and simply a moment sexual enjoyment.

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    http://indialawyers.wordpress.com/?s=rape

     

    Rape Law Recommendation NCW (National Commission for Women).

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    Any man who with a sexual purpose, touches, directly
    or indirectly, with a part of the body or with an object, any part of the body of a
    woman, without the consent of such woman, shall be punished with simple
    imprisonment for a term which may extend to three years or with fine or with both.
    Provided that, if the man is related to the woman, he shall be punished with
    imprisonment of either description for a term which may extend to 7 years and with fine”.
    2(a) Whoever, with a sexual purpose, touches, directly or indirectly, with a part of
    the body or with an object any part of the body of a minor, or
    (b) Whoever, with a Sexual purpose, invites, counsels or incites a minor to touch,
    directly or indirectly, with a part of the body or with an object, the body of any
    person, including the body of the person who so invites, counsels or incites or
    the body of the minor.
    Shall be punished with imprisonment of either description which may extend to five
    years and shall also be liable to fine.
    (3) Whoever being in a position of trust or authority towards a minor or being a
    person with whom the minor is in a relationship of dependency,
    (a) touches, directly or indirectly, with a sexual purpose, with a part of the body or
    with an object, any part of the body of such minor or
    (b) With a sexual purpose, invites, counsels or incites a minor to touch, directly or
    indirectly, with a part of the body or with an object, the body of any person,
    including the body of the person who so invites, counsels or incites or the
    body of the minor…

    The proposed section 53A shall read as follows:
    “53A.(1) When a person accused of any of the offences under sections 376, 376A, 376B,
    376C, 376D or 377 or of an attempt to commit any of the said offences, is
    arrested and an examination of his/her person is to be made under this section,
    he/she shall be sent without delay to the registered medical practitioner by
    whom he/she is to be examined.
    (2) The registered medical practitioner conducting such examination shall without
    delay examine such person and prepare a report specifically recording the
    result of his examination and giving the following particulars:

    (i) the name and address of the accused and the person by whom he was
    brought,
    (ii) the age of the accused,
    (iii) marks of injury, if any, on the person of the accused, and (iv)Other
    material particulars in reasonable detail.
    (3) The report shall state precisely the reasons for each conclusion arrived at.

    (4) The exact time of commencement and completion of the examination shall
    also be noted in the report, and the registered medical practitioner shall,
    without delay, forward the report to the investigating officer, who shall forward
    it to the Magistrate referred to in section 173 as part of the documents referred
    to in clause (a) of sub-section (5) of that section.”

     

    http://indialawyers.files.wordpress.com/2012/07/rape-laws-recommendation-ncw.pdf

     

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  • “Rape” Definition Facts Laws Help Line

    Basic Information about rape is provided  here.

    Rape Facts
    Rape Faxts

     

    Statistics and the type of Reforms needed follows.

    Rape Academic definition:

    “Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.[1][2][3][4] The term is most often defined in criminal law.[2][4].(wiki)

     

    Rape,Legal Definition.

     

    Indian law treats rape as a criminal offence. It falls under criminal law in India. The Indian Penal Code (IPC) defines rape as intentional, unlawful sexual intercourse with a woman, without her permission.

    Indian Law On Rape.

     

    “375. Sexual Assault: Sexual assault means –
    (a) The introduction (to any extent) by a man of his penis, into the vagina
    (which term shall include the labia majora), the anus or urethra or
    mouth of any woman or child–
    (b) the introduction to any extent by a man of an object or a part of the
    body (other than the penis) into the vagina(which term shall include the
    labia majora) or anus or urethra of a woman
    (c) the introduction to any extent by a person of an object or a part of the
    body (other than the penis) into the vagina(which term shall include the
    labia majora) or anus or urethra of a child.
    (d) manipulating any part of the body of a child so as to cause penetration
    of the vagina (which term shall include labia majora) anus or the
    urethra of the offender by any part of the child’s body;
    In circumstances falling under any of the six following descriptions:
    Firstly – Against the complainant’s will.
    Secondly – Without the complainant’s consent.
    Thirdly – With the complainant’s consent when such consent has
    been obtained by putting her or any person in whom the
    complainant is interested, in fear of death or hurt.
    Fourthly – With the complainant’s consent, when the man knows that
    he is not the husband of such complainant and that the
    complainant’s consent is given because the complainant believes that the offender is another man to whom the
    complainant is or believes herself to be lawfully married.

    http://ncw.nic.in/PDFFiles/Amendments%20to%20laws%20relating%20to%20women.pdf

    Rape Facts and Myths.

    “Myth: Rape is caused by lust or uncontrollable sexual urges and the need for sexual gratification.

     

    Fact: Rape is an act of physical violence and domination that is not motivated by sexual gratification.

     

    Myth: Once a man gets sexually aroused, he can’t just stop.

     

    Fact: Men do not physically need to have sex after becoming sexually excited. Moreover, they are still able to control themselves after becoming aroused.

     

    Myth: Women often lie about rape or falsely accuse someone of rape.

     

    Fact: Statistical studies indicate false reports make up two percent or less of the reported cases of sexual assault. This figure is approximately the same for other types of crimes. Only one out of 10 rapes are actually reported. Rapes by someone the victim knows are the least likely to be reported.

     

    Myth: Women provoke sexual assault by their appearance. Sexual attractiveness is a primary reason why a rapist selects a victim.

     

    Fact: Rapists do not select their victims by their appearance. They select victims who are vulnerable and accessible. Victims of sexual assault range in age groups from infants to the elderly. Sexual attractiveness is not an issue.

     

    Myth: Sexual assault is a topic that only concerns women, and men do not have to be concerned about sexual assault.

     

    Fact: According to recent rape crisis center statistics, men, both straight and gay, suffered 10 percent of the sexual assaults reported in the United States last year. In addition, men have wives, friends, sisters, mothers and daughters who may someday need assistance in coping with sexual assault. Rape is a concern for everyone.

     

    Myth: If a woman really did not want to be raped, she could fight off her attacker.

     

    Fact: Even if the rapist is not carrying a weapon, the element of surprise, shock and fear or the threat of harm can overpower a survivor.”

     

    http://rwu.edu/campus-life/health-counseling/counseling-center/sexual-assault/rape-myths-and-fac

     

    Rape Helpline.

    Why can’t we have it in India?

    IT chaps may have a go at this.

    The Daily Tribune and SeeClickFix.com have partnered in an effort to empower area residents by providing an interactive tool to help them report non-emergency, quality-of-life issues.

    How it works …

    1. Navigate to area where the issue you want to report is located on the map below. (Use the controls in the upper left corner to move the map around the window or zoom in and out.)

    2. After you see your spot, click it.

    3. Fill out the form that shows … you can also upload a photo. Click “save.”

    http://current.com/18n9mkc

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