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{{Short description|Type of sexual assault usually involving sexual intercourse without consent}}
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{{About|a form of human sexual assault|rape among non-human animals|Sexual coercion among animals|other uses|Rape (disambiguation)}}
]'' by ], {{circa}} 1640]]{{Rape sidebar}}
'''Rape''' is a type of ] involving ], or other forms of ], carried out against a person without their ]. The act may be carried out by physical force, ], ], or against a person who is incapable of giving valid consent, such as one who is ], incapacitated, has an ], or is below the legal ] (]).<ref name="Chapter 6">{{cite web |title=Chapter 6: Sexual Violence |publisher=] |date=2002 |url=https://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng.pdf?sequence=1 |access-date=11 April 2021}}</ref><ref>{{cite journal |last1=Schulhofer |first1=Stephen J. |title=Reforming the Law of Rape |journal=Minnesota Journal of Law & Inequality |date=2017 |volume=35 |page=335}}</ref> The term ''rape'' is sometimes casually inaccurately used interchangeably with the term ''sexual assault''.<ref>{{cite book |editor1-last=Petrak |editor1-first=Jenny |editor2-last=Hedge |editor2-first=Barbara|title=The Trauma of Sexual Assault Treatment, Prevention and Practice. |year=2003 |location=Chichester |publisher=John Wiley & Sons |isbn=978-0-470-85138-8 |page=2 |url={{Google books |plainurl=yes |id=6KZfQ6cSVHoC |page=2}}}}</ref>


The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in ] to 92.9 in ] with 6.3 in ] as the ].<ref name="unodc1"> {{Webarchive|url=https://web.archive.org/web/20131029210321/http://www.unodc.org/documents/data-and-analysis/Crime-statistics/Sexual_violence_sv_against_children_and_rape.xls |date=2013-10-29 }} United Nations.</ref> Worldwide, reported instances of ], including rape, are primarily committed by males against females.<ref>{{Cite web |url=https://www.who.int/mediacentre/factsheets/fs239/en/ |title=Violence against women |website=World Health Organization |access-date=2017-09-08}}</ref> Rape by strangers is usually less common than rape by people the victim knows, and ] ]s are common and may be the least reported forms of rape.<ref>] {{Webarchive|url=https://web.archive.org/web/20140903190935/http://www.hrw.org/legacy/reports/2001/prison/report7.html#_1_48 |date=2014-09-03 }}; estimates that 100,000–140,000 violent male-male rapes occur in U.S. prisons annually; compare with {{Webarchive|url=https://web.archive.org/web/20080916010913/http://www.fbi.gov/ucr/cius2007/offenses/violent_crime/forcible_rape.html |date=2008-09-16 }} that estimate 90,000 violent male-female rapes occur annually.</ref><ref>Robert W. Dumond, "Ignominious Victims: Effective Treatment of Male Sexual Assault in Prison," August 15, 1995, p. 2; states that "evidence suggests that may be a staggering problem". Quoted in {{Cite book |last1=Mariner |first1=Joanne |last2=(Organization) |first2=Human Rights Watch |title=No escape: male rape in U.S. prisons |url={{Google books |plainurl=yes |id=QkFfYfEO5IgC |page=370}} |access-date=7 June 2010|date=2001-04-17|publisher=Human Rights Watch|isbn=978-1-56432-258-6|page=370}}</ref><ref>{{Cite journal |last=Struckman-Johnson |first=Cindy |author2=David Struckman-Johnson |year=2006 |title=A Comparison of Sexual Coercion Experiences Reported by Men and Women in Prison |journal=Journal of Interpersonal Violence |volume=21 |issue=12 |pages=1591–1615 |issn=0886-2605 |pmid=17065656 |doi=10.1177/0886260506294240|s2cid=27639359 }}; reports that "Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape."</ref>
:''For other uses of the word rape (for example, the plant called ]), see ].''
'''Rape''' is a ] wherein the victim is forced into sexual activity against his or her will, in particular ]. It is considered by most societies to be among the most severe crimes.


Widespread and systematic rape (e.g., ]) and ] can occur during international conflict. These practices are ] and ]s. Rape is also recognized as an element of the crime of ] when committed with the intent to destroy, in whole or in part, a targeted ethnic group.
Some dictionary definitions of the word ''rape'' include any serious and destructive assault against a person or community, but this article focuses primarily on ].


People who have been raped can be ] and develop ].<ref name="aaets">{{cite web |url=http://www.aaets.org/article178.htm |title=Post Traumatic Stress Disorder in Rape Survivors |publisher=The American Academy of Experts in Traumatic Stress |year=1995 |access-date=2013-04-30}}</ref> Serious injuries can result along with the risk of ] and ]s. A person may face violence or threats from the rapist, and, sometimes, from the victim's family and relatives.<ref name="zeenews.india">{{cite web |url=http://zeenews.india.com/news/uttar-pradesh/rape-victim-threatened-to-withdraw-case-in-up_694364.html |title=Rape victim threatened to withdraw case in UP |publisher=Zeenews.india.com |date=2011-03-19 |access-date=2013-02-03}}</ref><ref name="wisemuslimwomen">{{cite web |url=http://www.wisemuslimwomen.org/currentissues/stigmitizationofrape/ |title=Stigmatization of Rape & Honor Killings |publisher=WISE Muslim Women |date=2002-01-31 |access-date=2013-02-03 |archive-url=https://web.archive.org/web/20121108041415/http://www.wisemuslimwomen.org/currentissues/stigmitizationofrape/ |archive-date=2012-11-08 |url-status=dead }}</ref><ref name="bbc">{{Cite news |last=Harter |first=Pascale |url=https://www.bbc.co.uk/news/world-africa-13760895 |title=BBC News – Libya rape victims 'face honour killings' |journal=BBC News |date=2011-06-14 |access-date=2013-02-03}}</ref>
==Definition and history==
{{TOC limit}}
===Etymology===
The origin of the word is the ] ''rapere,'' to seize or take by force. The Latin term for the act of rape itself is ''raptus.'' Originally, the word ''rape'' was akin to ''rapine'', ''rapture'', ''raptor'', ''rapacious'', and referred to the more general violations&mdash; looting, destruction, and capture of citizens&mdash; inflicted upon a town or city during ].


===History=== == Etymology ==
The concept of rape, both as abduction and in the sexual sense, makes its first appearance in early religious texts. In ] for example, we find the rape of women, exemplified by the rape of ], as well as male rape, found in the myth of ] and ]. Different values were ascribed to the two actions. The rape of Europa by ] is represented as an abduction followed by consensual lovemaking, similar perhaps to the rape of ] by Zeus, and it was not punished. The rape of Chrysippus by Laius however is represented in darker terms. The act was known in antiquity as "the crime of Laius," a term which came to be applied to all male rape. It was seen as an example of ] in the original sense of the word, i.e.: violent outrage, and its punishment was so severe that it destroyed not only Laius himself, but also his son, ].


The term ''rape'' originates from the ] {{lang|la|]}} (supine stem {{lang|la|raptum}}), "to snatch, to grab, to carry off".<ref name = "cor">Corinne J. Saunders, ''Rape and Ravishment in the Literature of Medieval England'', Boydell & Brewer, 2001, p. 20.</ref><ref name = "Kei">Keith Burgess-Jackson, ''A Most Detestable Crime: New Philosophical Essays on Rape'', Oxford University Press, New York, 1999, p.16.</ref> In Roman law, the carrying off of a woman by force, with or without intercourse, constituted "raptus".<ref name = "Kei"/> In ] law the same term could refer to either kidnapping or rape in the modern sense of "sexual violation".<ref name = "cor"/><ref>{{cite book |last1=Burgess-Jackson |first1=Keith |title=A most detestable crime : new philosophical essays on rape |date=1999 |publisher=Oxford University Press |location=New York |isbn=9780195120752 |page=16}}</ref> The original meaning of "carry off by force" is still found in some phrases, such as "rape and pillage", or in titles, such as the stories of the ] and ] or the poem '']'', which is about the theft of a lock of hair.
In antiquity, and until the late ] rape was seen as a crime against the male figure dominating the particular girl or woman. Thus the penalty for rape was often a fine payable to the father or the husband whose "goods" were "damaged." That position was replaced by the view that the woman as well as her lord should share the fine equally.


== Definitions ==
Rape in the course of ] also dates back to antiquity, ancient enough to have been mentioned in the ], which condones the abduction of women as war trophies. Another form of sexual assault mentioned in the Bible is the taking of an opponent's foreskin, though no mention is made of whether the enemies are living or dead. ''See story of ]''
=== General ===
{{Main|Types of rape|Laws regarding rape}}
{{See also|Rape by gender}}
Rape is defined in most jurisdictions as ], or other forms of ], committed by a perpetrator against a victim without their ].<ref name="Book04">{{cite book |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of rape |url=https://archive.org/details/encyclopediarape00smit_435 |url-access=limited |year=2004 |publisher=Greenwood Press |location=Westport, Conn. |isbn=978-0-313-32687-5 |pages=–170 |edition= 1st}}</ref> The definition of rape is inconsistent between governmental health organizations, law enforcement, health providers, and legal professions.<ref name="Maier2008" /> It has varied historically and culturally.<ref name="Book04"/><ref name="Maier2008">{{cite journal |last1=Maier |first1=S. L. |title="I Have Heard Horrible Stories...": Rape Victim Advocates' Perceptions of the Revictimization of Rape Victims by the Police and Medical System |journal=Violence Against Women |volume=14 |issue=7 |year=2008 |pages=786–808 |issn=1077-8012 |doi=10.1177/1077801208320245|pmid=18559867 |s2cid=12906072 }}</ref> Originally, ''rape'' had no sexual connotation and is still used in other contexts in English. In ], it or ''raptus'' was classified as a form of ''crimen vis'', "crime of assault".<ref>], ''Institutiones'' {{Webarchive|url=https://web.archive.org/web/20180612143943/http://www.constitution.org/sps/sps02_j1-4.htm|date=2018-06-12}}</ref><ref>Adolf Berger, ''Encyclopedic Dictionary on Roman Law'', pp. 667 (''raptus'') and 768 (''vis'') </ref> ''Raptus'' referred to the abduction of a woman against the will of the man under whose authority she lived, and sexual intercourse was not a necessary element. Other definitions of rape have changed over time. The International Criminal Tribunal for the former Yugoslavia considered rape as a crime that required coercion or force or threat of force against the victim or a third person.<ref>{{cite web |title=Rule 93. Rape and Other forms of Sexual Violence |url=https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule93 |access-date=17 October 2022 |publisher=International Committee of the Red Cross}}</ref>


Until 2012, the ] (FBI) considered rape a crime solely committed by men against women. In 2012, they changed their definition from "The carnal knowledge of a female forcibly and against her will" to "The penetration, no matter how slight, of the vagina or anus with any body part or object, or ] by a sex organ of another person, without the consent of the victim." The updated definition still excluded from the definition of rape men forced to penetrate women, which is generally recognized as the academic definition of rape.<ref>{{cite web | url=https://www.scientificamerican.com/article/sexual-victimization-by-women-is-more-common-than-previously-known/ | title=Sexual Victimization by Women is More Common Than Previously Known | website=] | date=January 2018 }}</ref> However, it recognized any gender of victim and perpetrator and that rape with an object can be as traumatic as penile/vaginal rape. The bureau further describes instances when the victim is unable to give consent because of mental or physical incapacity. It recognizes that a victim can be incapacitated by drugs and alcohol and unable to give valid consent. The definition does not change federal or state criminal codes or impact charging and prosecution on the federal, state, or local level; it rather means that rape will be more accurately reported nationwide.<ref>{{cite web |url=http://blogs.usdoj.gov/blog/archives/1801 |title=An Updated Definition of Rape (U.S. Dept of Justice, January 6, 2012) |access-date=30 October 2014 |archive-url=https://web.archive.org/web/20120313021145/http://blogs.usdoj.gov/blog/archives/1801 |archive-date=13 March 2012 |url-status=dead}}</ref><ref>{{Cite news |url=https://www.nytimes.com/2012/01/07/us/politics/federal-crime-statistics-to-expand-rape-definition.html |title=Federal Crime Statistics to Expand Rape Definition|first=Charlie|last=Savage|date=14 April 2018|work=The New York Times}}</ref><ref>{{Cite web|url=https://www.fbi.gov/audio-repository/news-podcasts-thisweek-rape-definition-changed/view|title=Rape Definition Changed|website=FBI}}</ref>
Conquering Greek, Persian and Roman troops would routinely rape women and boys in the conquered towns. The same behaviour was observed as late as the 1990's, as the Serbian troops targeting ] and ] conducted a calculated campaign of raping women and boys in the areas they controlled.


Health organizations and agencies have also expanded rape beyond traditional definitions. The ] (WHO) defines rape as a form of ],<ref name="Krug2002">{{cite book |title=World report on violence and health |publisher=World Health Organization |page=149 |date=2002 |access-date=5 December 2015 |editor1-last=Krug |editor1-first=Etienne G. |display-editors=etal |isbn=978-92-4-154561-7 |url=http://apps.who.int/iris/bitstream/10665/42495/1/9241545615_eng.pdf}}</ref> while the ] (CDC) includes rape in their definition of sexual assault; they term rape a form of ]. The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including ], acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where the victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon).<ref name = cdcstats>{{cite web |url=https://www.cdc.gov/violenceprevention/pdf/sv_surveillance_definitionsl-2009-a.pdf |access-date=6 June 2017 |date=2014 |publisher=National Center for Injury Prevention and Control, Centers for Disease Control and Prevention |title=Sexual Violence Surveillance: Uniform Definitions and Recommended Data Elements, Version 2.0. |last1=Basile |first1=KC |last2=Smith |first2=SG |last3=Breiding |first3=MJ |last4=Black |first4=MC |last5=Mahendra |first5=RR}}</ref><ref name=Markovchick2016>{{cite book |last=Markovchick |first=Vincent |title=Emergency medicine secrets |publisher=Elsevier |location=Philadelphia, PA |year=2016 |isbn=9780323355162 |pages=516–520 |chapter=Sexual Assault}}</ref> The ] (VHA) has implemented universal screening for what has been termed "military sexual trauma" (]) and provides medical and ] services free of charge to enrolled veterans who report MST (Title 38 United States Code 1720D; Public Law 108–422).
Rape as an adjunct to warfare was prohibited by the military codices of ] and ] (1385 and 1419 respectively). These laws formed the basis for convicting and executing rapists during the Hundred Years War (1337-1453).


Some countries or jurisdictions differentiate between rape and sexual assault by defining rape as involving penile penetration of the vagina, or solely penetration involving the penis, while other types of non-consensual sexual activity are called sexual assault.<ref name="Kalbfleisch">{{cite book |last1=Kalbfleisch |first1=Pamela J. |last2=Cody |first2=Michael J. |title=Gender Power and Communication in Human Relationships |publisher=] |year=2012 |access-date=April 30, 2013 |isbn=978-1-136-48050-8 |url={{Google books |plainurl=yes |id=LyMo1RUJwj0C |page=218}} }}</ref><ref name="Plummer">{{cite book |author=Ken Plummer |title=Modern Homosexualities: Fragments of Lesbian and Gay Experiences |publisher=] |year=2002 |pages=187–191 |access-date=August 24, 2013 |isbn=978-1-134-92242-0 |url={{Google books |plainurl=yes |id=OSO3q4XEfz4C |page=189}} }}</ref> Scotland, for example, emphasizes penile penetration, requiring that the sexual assault must have been committed by use of a penis to qualify as rape.<ref>{{cite news |title=Sexual Offences (Scotland) Act 2009 |publisher=] |year=2009 |access-date=December 12, 2013 |url=http://www.legislation.gov.uk/asp/2009/9/section/1}}</ref><ref name="BBC News, rape">{{cite news |author1=Tom de Castella |author2=Jon Kelly |title=Assange case: How is rape defined? |work=BBC News |date=August 22, 2012 |url=https://www.bbc.co.uk/news/magazine-19333439 |access-date=December 12, 2013}}</ref> The 1998 ] defines rape as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive".<ref name="Book04" /> In other cases, the term ''rape'' has been phased out of legal use in favor of terms such as ''sexual assault'' or ''criminal sexual conduct''.<ref>{{cite web |url=http://www.msu.edu/~sdclub/resources/criminal%20code.doc |title=Criminal code |access-date=2010-12-31}}</ref>
===Usage===
In its original sense - dating back to antiquity - to rape a person meant to capture the person for the purpose of enslavement, and was common in ancient warfare. In this context, the willingness of the victim is irrelevant to categorization of the act as "rape". The "Rape of the ]" was a "rape" in this context.


Some countries criminalize ] ("stealthing"), where one partner removes (or intentionally damages) their condom during sex without telling the other partner; the rationale is that consent was given to protected sex and <em>not</em> to unprotected sex, making the subsequent act non-consensual and therefore illicit;<ref>{{Cite web|url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2954726|title='Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal |first=Alexandra |last=Brodsky |date=2017 |ssrn=2954726 }}</ref> for such cases, United Kingdom,<ref>{{cite web | url=https://broadly.vice.com/en_us/article/man-convicted-of-rape-after-removing-condom-during-sex-without-consent | title=Man Convicted of Rape After Removing Condom During Sex Without Consent | date=12 January 2017 | work=Vice }}</ref> Switzerland,<ref>{{Cite web|url=https://www.independent.co.uk/news/world/europe/man-convicted-rape-condom-sex-switzerland-a7521891.html|title=Man convicted of rape for taking off condom during sex|date=January 11, 2017|website=The Independent}}</ref> New Zealand<ref>{{cite web | url=https://theconversation.com/new-zealands-first-successful-stealthing-prosecution-leads-the-way-for-law-changes-in-australia-and-elsewhere-159323 | title=New Zealand's first successful 'stealthing' prosecution leads the way for law changes in Australia and elsewhere | date=28 April 2021 |work=The Conversation }}</ref> have enacted rape convictions, while Australia,<ref>{{cite news | url=https://www.abc.net.au/news/2021-10-08/act-criminalises-stealthing-in-australia-first/100522564 | title=Consent law overhaul: ACT criminalises 'stealthing' in Australian first | newspaper=ABC News | date=7 October 2021 }}</ref> Canada,<ref>{{cite news |url=https://www.cbc.ca/news/politics/scc-condom-use-case-decision-1.6535127 |title=Supreme Court rules not wearing condom against partner's wishes could lead to sexual assault conviction |first=Richard |last=Raycraft |date=2022-07-29 |work=CBC News }}</ref> Germany<ref>{{cite web | url=https://edition.cnn.com/2018/12/20/health/stealthing-germany-sexual-assault-scli-intl/index.html | title=Police officer found guilty of condom 'stealthing' in landmark trial | date=20 December 2018 | work=CNN }}</ref> saw convictions for sexual assault; California considers it ].<ref>{{cite news |url=https://www.npr.org/2021/10/07/1040160313/california-stealthing-nonconsensual-condom-removal |title=California is the 1st state to ban 'stealthing,' nonconsensual condom removal |first=Joe |last=Hernandez |date=2021-10-07 |work=NPR }}</ref>
In ]'s '']'', the word "rape" is used in ] in a similar context, exaggerating a trivial violation against a person.


=== Scope ===
Though the sexual connotation is today dominant, the word "rape" is sometimes used in a non-sexual context. For example, environmental destruction is sometimes described as "raping the earth", and the ] describes a violation both against a town as well as the people. In "the rape of the ]" in ]'s ], the word "rape" is directly used with its old meaning of "seizing and taking away".
], 43% of girls and women between the ages of 15 and 49 have experienced some form of sexual violence.<ref>{{cite news |title=Zambia: End Sexual Violence in Schools |url=https://www.equalitynow.org/zambia_end_sexual_violence_in_schools |work=]}}</ref>]]
Victims of rape or sexual assault come from a wide range of ]s, ages, ]s, ethnicities, geographical locations, cultures, and degrees of impairment or disability. Incidences of rape are classified into a number of categories, and they may describe the relationship of the perpetrator to the victim and the context of the sexual assault. These include ], ], ], ], ], ], ], ] and ]. Forced sexual activity can be committed over a long period of time with little to no physical injury.<ref>{{cite web |url=http://www.soc.ucsb.edu/sexinfo/article/rape |title=UCSB's SexInfo |publisher=Soc.ucsb.edu |access-date=2010-12-31 |archive-url=https://web.archive.org/web/20190407114548/http://www.soc.ucsb.edu/sexinfo/article/rape |archive-date=2019-04-07 |url-status=dead}}</ref><ref name="Rosdahl">{{cite book |last=Rosdahl |first=Caroline |title=Textbook of basic nursing |publisher=Wolters Kluwer Health/Lippincott Williams & Wilkins |location=Philadelphia |year=2012 |isbn=978-1-60547-772-5}}</ref><ref name="Kelly2011" />


=== Consent ===
Sometimes the word '''rape''' is used in ] and extended uses to ] describe forms of non-sexual unwelcome conduct. It is argued by some that this usage is demeaning or disempowering of victims and survivors of real sexual rape, because it ends up by weakening the force and horror of the word. Such metaphorical and hyperbolic usages are common with other words, for example "''It was absolute ]''" to mean ordinary ]; or "I'm starving" to mean "I'm feeling hungry") Victims and survivors of rape, and their allies, may find this type of usage ] and deeply offensive, since it normalizes the term "rape" to cover mundane events.
{{See also|Bodily integrity|Consent|Sexual consent|Freedom of choice}}
Lack of consent is key to the definition of rape.<ref>{{cite journal |last1=Tchen |first1=C.M. |title=Rape Reform and a Statutory Consent Defense |journal=Journal of Law and Criminology |date=1983 |volume=74 |issue=4 |pages=1518–1555 |doi=10.2307/1143064 |jstor=1143064 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6408&context=jclc | issn=0091-4169 }}</ref> Consent is affirmative "informed approval, indicating a freely given agreement" to sexual activity.<ref name="cdcstats" /> It is not necessarily expressed verbally, and may instead be overtly implied from actions, but the absence of objection does not constitute consent.<ref name="Gruber2016">{{cite journal |last=Gruber |first=Aya |date=December 2016 |title=Consent Confusion |url=http://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1010&context=articles |journal=Cardozo Law Review |volume=38 |issue=2 |pages=415–458 |access-date=March 20, 2017 |archive-date=March 21, 2017 |archive-url=https://web.archive.org/web/20170321171150/http://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1010&context=articles |url-status=dead }}</ref> Lack of consent may result from either forcible compulsion by the perpetrator or an inability to consent on the part of the victim (such as people who are asleep, intoxicated or otherwise mentally compromised).<ref name="amnesty.org"> {{Webarchive|url=https://web.archive.org/web/20190307175250/https://www.amnesty.org/en/documents/ior53/001/2011/en/ |date=2019-03-07 }}. Amnesty International 2011</ref> Sexual intercourse with a person below the ], i.e., the age at which legal competence is established, is referred to as statutory rape.<ref>{{cite journal |last1=Koon-Magnin |first1=Sarah |last2=Ruback |first2=R. Barry |title=The perceived legitimacy of statutory rape laws: the effects of victim age, perpetrator age, and age span: The perceived legitimacy of statutory rape laws |journal=Journal of Applied Social Psychology |date=September 2013 |volume=43 |issue=9 |pages=1918–1930 |doi=10.1111/jasp.12131}}</ref> In India, consensual sex given on the false promise of marriage constitutes rape.<ref>{{Cite news|url=https://www.thehindu.com/news/national/sex-on-false-promise-of-marriage-is-rape-supreme-court/article26831183.ece|title=Sex on false promise of marriage is rape: Supreme Court|date=2019-04-13|work=The Hindu|access-date=2019-04-14|issn=0971-751X}}</ref>


] is the situation when the person is threatened by force or violence and may result in the absence of an objection to sexual activity. This can lead to the presumption of consent.<ref name="amnesty.org" /> Duress may be actual or threatened force or violence against the victim or someone close to the victim. Even ] may constitute duress. ] may constitute duress. For instance, in the Philippines, a man commits rape if he engages in sexual intercourse with a woman ''"By means of fraudulent machination or grave abuse of authority"''.<ref> {{Webarchive|url=https://web.archive.org/web/20200920031202/http://www.chanrobles.com/republicactno8353.htm |date=2020-09-20 }}. Philippine Law. Approved: September 30, 1997</ref> The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape that did not use the word 'consent': "a physical invasion of a sexual nature committed on a person ''under circumstances which are coercive''."<ref> {{Webarchive|url=https://web.archive.org/web/20140103151517/http://www.unictr.org/Portals/0/English/AnnualReports/a-54-315.pdf |date=2014-01-03 }} March 23, 2007</ref>
Examples include:-
:In ], using the word "raped" to refer to having one's online writings voted/moderated downwards by a large number of people.
:''"they raped his name in the media"''.
:''"I got anally raped by that class"''.
:''"The wood had been raped of its peace"''. (From a book, of disturbance caused by a foxhunt in a forest)
:''"The rape of England"''. (A newspaper article ] with a ] referring to the ] plant self-seeding on waste ground and ] verges)


Marital rape, or spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. It is a form of ], ], and sexual abuse. Once widely accepted or ignored by law, marital rape is now denounced by international conventions and is increasingly criminalized. Still, in many countries, marital rape either remains legal or is illegal but widely tolerated and accepted as a husband's prerogative. In 2006, the UN Secretary-General's ''In-depth study on all forms of violence against women'' stated that (pg 113): "Marital rape may be prosecuted in at least 104 states. Of these, 32 have made marital rape a specific criminal offense, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offense in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecuted."<ref>{{cite web |url=https://www.un.org/womenwatch/daw/vaw/publications/English%20Study.pdf |title=VAW/for printer/1/14/0 |access-date=2014-02-12}}</ref> Since 2006, several other states have outlawed marital rape (for example ] in 2007<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/asia-pacific/6225872.stm |title=Asia-Pacific &#124; Thailand passes marital rape bill |work=BBC News |date=2007-06-21 |access-date=2014-02-12}}</ref>).
However these usages are not always in fact examples of hyperbole. The last two examples are continuations of the original meaning of "violating" in a general sense.


In the US, the criminalization of marital rape started in the mid-1970s, and in 1993 North Carolina became the last state to make marital rape illegal.<ref>{{cite web |url=https://news.google.com/newspapers?nid=1957&dat=19930702&id=_xYxAAAAIBAJ&pg=6288,228462 |title=The Daily Gazette&nbsp;— Google News Archive Search |access-date=30 October 2014}}</ref> In many countries, it is not clear if marital rape may or may not be prosecuted under ordinary rape laws. In the absence of a marital rape law, it may be possible to bring prosecution for acts of forced sexual intercourse inside marriage by prosecuting, through the use of other criminal offenses (such as assault based offenses), the acts of violence or criminal threat that were used to obtain submission.<ref>{{cite web |url=http://www.aware.org.sg/rape/ |title=Rape & Sexual Assault &#124; AWARE Singapore |publisher=Aware.org.sg |access-date=2014-02-12|date=2011-03-14 }}</ref>
===Common law===
In the United Kingdom and the United States ], "rape" traditionally described a man who forces a woman to have sexual intercourse with him. Until the late 20th Century, forced sex by a husband against his wife was not considered rape throughout history, since as part of the marriage both partners were deemed to have given implicit informed consent in advance to a lifelong sexual relationship. However, modern ] in most Western countries have now legislated against this exception and now include spousal rape and acts of sexual violence other than vaginal intercourse, such as forced ], which were traditionally barred under ]s, in their definitions of "rape".


Consent may be complicated by law, language, context, culture and sexual orientation.<ref name="Kulick2003">{{cite journal |last1=Kulick |first1=Don |title=No |journal=Language & Communication |volume=23 |issue=2 |year=2003 |pages=139–151 |issn=0271-5309 |doi=10.1016/S0271-5309(02)00043-5}}</ref> Studies have shown that men consistently perceive women's actions as more sexual than they intend.<ref>{{Cite book | chapter-url=https://plato.stanford.edu/entries/feminism-rape/#MenRea|title=Mens rea|chapter=Feminist Perspectives on Rape|publisher=Metaphysics Research Lab, Stanford University|year=2017}}</ref> In addition, verbalized "no" to sex may be interpreted as "keep trying", or even "yes" by offenders. Some may believe that when injuries are not visible, the woman must have consented. If a man solicits sex from another man, the pursuer may be regarded as virile.<ref name="Kulick2003"/>
The term "rape" is sometimes considered "loaded" and many jurisdictions recognize, in its stead, broader categories of ] or sexual battery.


== Motives ==
===United States Uniform Crime Reports===
{{Further|Causes of sexual violence}}
In the United States, the '']'' use the term "forcible rape" only to describe rapes perpetrated by men against women. ]s, however, often expand the definition. Male-on-male rapes are usually recognized as such, as are (rare) female-perpetrated rapes.
The WHO states that the principal factors that lead to the perpetration of sexual violence against women, including rape, are:<ref>{{cite web |last=WHO | author-link = World Health Organization |title=Violence against women |url=https://www.who.int/mediacentre/factsheets/fs239/en/ |website=who.int |publisher=] |date=23 November 2012 |access-date=3 February 2013}}</ref>
* beliefs in family honor and sexual purity;
* attitudes of ];
* weak legal sanctions for sexual violence.


No single facet explains the motivation for rape; the underlying motives of rapists can be multi-faceted. Several factors have been proposed: ],<ref>Oliva, Janet R. S''exually Motivated Crimes: Understanding the Profile of the Sex Offender and Applying Theory to Practice''. Boca Raton, FL: CRC Press, 2013.Pg 72</ref> ],<ref>Oliva, Janet R. ''Sexually Motivated Crimes: Understanding the Profile of the Sex Offender and Applying Theory to Practice''. Boca Raton, FL: CRC Press, 2013.Pg 72</ref> ], sexual gratification, or ].<ref>{{cite book |last1=Thornhill |first1=Randy |last2=Palmer |first2=Craig T. |title=A natural history of rape biological bases of sexual coercion |publisher=MIT Press |location=Cambridge, Massachusetts |year=2000 |isbn=978-1-282-09687-5}}</ref><ref>{{citation |last=Pinker |first=Steven |contribution=Chapter 19: children |editor-last=Pinker |editor-first=Steven |title=The blank slate: the modern denial of human nature |pages=372–399 |publisher=Penguin Group |location=London |year=2003 |isbn=978-1-101-20032-2 |postscript=.}}</ref> However, some factors have significant causal evidence supporting them. American ] ], co-author of a 2002 study of undetected rapists,<ref>{{cite journal |last1=Lisak |first1=David |last2=Miller |first2=Paul M. |author-link1=David Lisak |title=Repeat rape and multiple offending among undetected rapists |volume=17 |issue=1 |pages=73–84 |journal=] |doi=10.1891/vivi.17.1.73.33638 |date=February 2002 |pmid=11991158|s2cid=8401679 }} {{Webarchive|url=https://web.archive.org/web/20141019071835/http://www.innovations.harvard.edu/cache/documents/1348/134851.pdf |date=2014-10-19 }}</ref> says that compared with non-rapists, both undetected and convicted rapists are measurably more angry at women and more motivated by a desire to dominate and control them, are more impulsive, disinhibited, anti-social, ], and less empathic.<ref>{{cite journal |last=Lisak |first=David |author-link=David Lisak |title=Understanding the predatory nature of sexual violence |journal=Sexual Assault Report |volume=14 |issue=4 |pages=49–64 |url=http://www.civicresearchinstitute.com/sar.html |date=March–April 2011 |access-date=10 June 2014 }} {{Webarchive|url=https://web.archive.org/web/20180918030047/http://www.davidlisak.com/wp-content/uploads/pdf/SARUnderstandingPredatoryNatureSexualViolence.pdf |date=2018-09-18 }}</ref>
===English law===
Under the ], which came into force in April 2004, rape in ] was redefined from non-consensual vaginal or anal intercourse and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable by a maximum sentence of life imprisonment.


Sexual aggression is often considered a masculine identity characteristic of manhood in some male groups and is significantly correlated to the desire to be held higher in esteem among male peers.<ref>{{cite journal |vauthors=Petty GM, Dawson B |title=Sexual aggression in normal men: incidence, beliefs and personality characteristics |journal=Personality and Individual Differences |doi=10.1016/0191-8869(89)90109-8 |year=1989 |volume=10 |pages=355–362 |issue=3}}</ref> Sexually aggressive behavior among young men has been correlated with gang or group membership as well as having other delinquent peers.<ref name="Ouimette PC 1998">{{cite journal |vauthors=Ouimette PC, Riggs D |title=Testing a mediational model of sexually aggressive behavior in nonincarcerated perpetrators |journal=Violence and Victims |year=1998 |volume=13 |issue=2 |pages=117–130 |pmid=9809392 |doi=10.1891/0886-6708.13.2.117 |s2cid=33967482 }}</ref><ref name="Borowsky IW 1997">{{cite journal |vauthors=Borowsky IW, Hogan M, Ireland M |title=Adolescent sexual aggression: risk and protective factors |journal=Pediatrics |year=1997 |volume=100 |issue=6 |pages=E7 |doi=10.1542/peds.100.6.e7 |pmid=9382908|s2cid=20826647 |doi-access= }}</ref>
Although a woman who forces a man to have sex cannot be prosecuted for rape under English law, she can be prosecuted for causing a person to engage in sexual activity without consent, a crime which also carries a maximum life sentence if it involves penetration of a mouth, anus or vagina. The statute also includes a new sexual crime called "assault by penetration" which also has the same punishment as rape and is committed when someone sexually penetrates the anus or vagina with a part of his or her body, or anything else, without that person's consent.


] is often perceived by male perpetrators as a justified method of discouraging or punishing what they consider as immoral behavior among women – for example, wearing short skirts or visiting bars. In some areas in ], women can be punished by public gang rape, usually through permission by elders.<ref name="Jenkins">Jenkins C. Sexual behavior in Papua New Guinea. In: Report of the Third Annual Meeting of the International Network on Violence Against Women, January 1998. Washington, DC, International Network on Violence Against Women, 1998.</ref>{{update inline|date=May 2020}}
==Aspects of rape==
===Violent rape===
Violent rape is when violence beyond the rape itself is a part of the assault. This may include physical force or threat of harm, including death threats or threats against a family member. People who commit violent rapes include strangers and people the victim already knows. Proportionally, more violent rapes are more likely to be reported. (Bachman and Saltzman, 1995).


Gang rape and ] are often used as a means of male bonding. This is particularly evident among soldiers, as gang rape accounts for about three quarters or more of ], while gang rape accounts for less than a quarter of rapes during peacetime. Commanders sometimes push recruits to rape, as committing rape can be taboo and illegal and so builds loyalty among those involved. Rebel groups who have forced recruitment as opposed to volunteer recruits are more involved in rape, as it is believed the recruits start with less loyalty to the group.<ref>{{cite news|url=https://www.economist.com/international/2018/10/13/the-nobel-committee-shines-a-spotlight-on-rape-in-conflict |title=Nobel committee shines a spotlight on rape in conflict|publisher=The Economist Magazine |access-date=27 May 2019}}</ref> In ], urban gangs such as ] often require new members to rape women as part of their initiation.<ref name=vlad>{{cite web|url=http://www.vladsokhin.com/projects/crying-meri|title=Crying Meri|publisher=Vlad Sokhin|access-date=12 February 2014}}</ref>
===Statutory rape===
''Main article at: ]''


Perpetrators of ] and ] allow or carry out rape<ref>{{cite web|url=https://www.nbcnews.com/tech/tech-news/cheap-tech-widespread-internet-access-fuel-rise-cybersex-trafficking-n886886|title=Cheap tech and widespread internet access fuel rise in cybersex trafficking|date=June 30, 2018|website=NBC News}}</ref><ref>{{cite journal |last1=Carback|first1=Joshua T. |date=2018 |title=Cybersex Trafficking: Toward a More Effective Prosecutorial Response|journal=Criminal Law Bulletin |volume=54 |issue=1 |pages=64–183|ref=none}} p. 64.</ref><ref name=autogenerated7>{{cite news|url=https://www.telegraph.co.uk/global-health/women-and-girls/oppressed-enslaved-brutalised-women-trafficked-north-korea-chinas/ |archive-url=https://ghostarchive.org/archive/20220110/https://www.telegraph.co.uk/global-health/women-and-girls/oppressed-enslaved-brutalised-women-trafficked-north-korea-chinas/ |archive-date=2022-01-10 |url-access=subscription |url-status=live|title=Oppressed, enslaved and brutalised: The women trafficked from North Korea into China's sex trade|date=May 20, 2019|newspaper=The Telegraph|last1=Smith|first1=Nicola|last2=Farmer|first2=Ben}}{{cbignore}}</ref> for financial gain<ref>{{cite web|url=https://www.dailytelegraph.com.au/news/nsw/first-paedophile-in-nsw-charged-with-cybersex-trafficking/news-story/bd7d1e178b1f6f55ad99f8d0433afa94|title=First paedophile in NSW charged with cybersex trafficking|date=March 27, 2017|website=the Daily Telegraph}}</ref> and/or sexual gratification.<ref>{{cite web|url=https://www.voanews.com/east-asia-pacific/philippines-makes-more-child-cybersex-crime-arrests-rescues|title=Philippines Makes More Child Cybersex Crime Arrests, Rescues|date=May 12, 2017|website=VOA}}</ref> ], including ], is created for profit and other reasons.<ref>{{cite news|url=https://www.washingtonpost.com/local/legal-issues/website-selling-real-rape-and-child-pornography-videos-shut-down-after-arrest-in-netherlands-us-justice-department-says/2020/03/12/5f9f02ce-6471-11ea-acca-80c22bbee96f_story.html|title=Website selling 'real' rape and child pornography videos shut down after arrest in Netherlands, Justice Department says|date=March 12, 2020|newspaper=The Washington Post}}</ref> There have been instances of ] and child rape videos on ].<ref>{{Cite web|last=Mohan|first=Megha|date=May 8, 2020|title=Call for credit card freeze on porn sites|url=https://www.bbc.com/news/world-52543508|website=BBC News}}</ref><ref>{{cite web|date=10 February 2020|title='I was raped at 14, and the video ended up on a porn site'|url=https://www.bbc.co.uk/news/stories-51391981|publisher=BBC News}}</ref>
National and/or regional ], citing an interest in protecting minors, consider people under a certain age to be unable to give informed consent. The age at which individuals are considered competent to give consent is the ]. Sexual contact with an individual below the age of consent is considered to be rape even if that person agrees to the sexual activity. The limits set by each state vary in accordance with local standards, and range from 13 to 21. Sex which violates age-of-consent law but is neither violent nor physically coerced is sometimes described as ''statutory rape'', the name of a legally-recognized category in the USA.


== Effects ==
===Acquaintance ("date") rape===
One metric used by the WHO to determine the severity of global rates of coercive, forced sexual activity was the question "Have you ever been forced to have sexual intercourse against your will?" Asking this question produced higher positive response rates than being asked, whether they had ever been abused or raped.<ref name="Krug2002"/>
The term ''acquaintance'' (or ''date'') ''rape'' refers to sexual activity or rape between people who are already acquainted, or who know each other socially - friends, acquaintances, people on a date, or even people in an existing ], where it is alleged that consent for sexual activity was not given, or was given under ]. In most jurisdictions, there is no legal distinction between rape committed by a stranger, or by an acquaintance, friend or lover.


The WHO report describes the consequences of sexual abuse:
There is often more difficulty in securing conviction against an assailant who was known at the time. This is due to the "grey" nature of the situation (see ]); the standard of proof required for non-consensual sexual activity is often harder to meet (or easier to deny), than when two strangers meet or there has been violence.
{{div col|colwidth=20em}}
* ]
* ]
* ]
* ]
* ]
* ]
* ]
* ]
* Acquiring ]s, including ]/]
* Mortality from ]
* Increased risk of ]
* ]
* ]
* ]
* ]
* ] (see ])<ref name="Krug2002" /><!-- p101 -->


{{div col end}}
In general, some evidence suggests that rapists are far more likely to know their victims than not . Other reports suggest that it can work both ways, not only acquaintance rape is more common than previously thought, but also situations of this kind can give rise to false allegations more often than had been expected (see ]).
<!-- p93 --> <!-- exposure to violence in the home is associated with
being a victim or perpetrator of violence in adolescence and adulthood, same reference, p15 -->


=== Emotional and psychological ===
===="Grey rape"====
Frequently, victims may not recognize what happened to them was rape. Some may remain in denial for years afterwards.<ref name=":3">{{Cite web |url=http://ndaa.org/pdf/pub_introducing_expert_testimony.pdf |title=Introducing expert testimony to explain victim behavior in sexual and domestic violence prosecutions |last=Long |first=Jennifer |date=2016 |website=NDAA.org |archive-url=https://web.archive.org/web/20170829004137/http://ndaa.org/pdf/pub_introducing_expert_testimony.pdf |archive-date=2017-08-29 |url-status=dead }}</ref><ref name=":4">{{Cite web |url=https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=248189 |title=Victim Responses to Sexual Assault: Counterintuitive or Simply Adaptive |website=www.ncjrs.gov |access-date=2017-09-09}}</ref> Confusion over whether or not their experience constitutes rape is typical, especially for victims of psychologically coerced rape. Women may not identify their victimization as rape for many reasons such as feelings of shame, embarrassment, non-uniform legal definitions, reluctance to define the friend/partner as a rapist, or because they have internalized victim-blaming attitudes.<ref name=":4" /> The public often perceives these behaviors as 'counterintuitive' and, therefore, as evidence of a dishonest woman.<ref name=":3" />
Some cases of date rape are colloquially described as "grey rape" cases because, while the alleged victim expresses displeasure at the encounter, he or she cannot demonstrate nonconsent. The expression "grey rape" refers to the absence of information - there is nothing actually "grey" in the act itself: if the act was nonconsensual then it is considered rape, even if not actionably so. Contributing factors to "grey" rape include poor communication by either party, misleading or (deliberately) misread body language, or the feeling by one party of being unsure or unable to express what one wishes (which may be for many reasons).


Victims may react in ways they did not anticipate. After the rape, they may be uncomfortable/frustrated with and not understand their reactions.<ref name="Psych2013rev">{{cite journal |last1=Mason |first1=F |last2=Lodrick |first2=Z |title=Psychological consequences of sexual assault. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=27–37 |pmid=23182852 |doi=10.1016/j.bpobgyn.2012.08.015}}</ref><ref>Note: One of the authors of the "Psychological consequences of sexual assault" article describes what she means by "friend" and "flop" in an article: {{cite journal |last1=Lodrick |first1=Zoe |title=Psychological trauma – what every trauma worker should know. |journal=The British Journal of Psychotherapy Integration. |date=2007 |volume=4 |issue=2 |url=http://www.zoelodrick.co.uk/training/article-1|url-access=<!--WP:URLACCESS--> }} Friend: "Friend is the earliest defensive strategy available to us..... Throughout life when fearful most humans will activate their social engagement system (Porges, 1995). ... The social engagement system, or friend response to threat, is evident in the child who smiles or even laughs when being chastised." Flop: "Flop occurs if, and when, the freeze mechanism fails.... The survival purpose of the flop state is evident: if 'impact' is going to occur the likelihood of surviving it will be increased if the body yields, and psychologically, in the short-term at least, the situation will be more bearable if the higher brain functions are 'offline'."</ref> Most victims respond by 'freezing up' or becoming compliant and cooperative during the rape. These are common survival responses of all mammals.<ref>{{Cite journal |last=Bracha |first=H. Stefan |date=September 2004 |title=Freeze, Flight, Fight, Fright, Faint: Adaptationist Perspectives on the Acute Stress Response Spectrum |journal=CNS Spectrums |volume=9 |issue=9 |pages=679–685 |doi=10.1017/S1092852900001954 |pmid=15337864 |s2cid=8430710 |issn=2165-6509|url=http://cogprints.org/5014/1/2004_C.N.S_Five_Fs_of_FEAR--Freeze_Flight_Fight_Fright_Faint.pdf }}</ref> This can cause confusion for others and the person assaulted. An assumption is that someone being raped would call for help or struggle. A struggle would result in torn clothes or injuries.<ref name="Psych2013rev" />
===Drugging===
{{sectNPOV}}
] agents such as ] (Rohypnol) and ], known as "date ]s", have been used by rapists to render their victims unconscious before raping them. According the to , "Victims may not be aware that they ingested a drug at all. GHB and its analogues are invisible when dissolved in water, and are odorless. They are somewhat salty tasting, but are indiscernible when dissolved in beverages such as sodas, liquor, or beer." According to the National Institute on Drug Abuse "Rohypnol can incapacitate victims and prevent them from resisting sexual assault. It can produce "anterograde amnesia," which means individuals may not remember events they experienced while under the effects of the drug." The sedative effects of Rohypnol begin to appear approximately 15&#8211;20 minutes after the is ingested. The effects typically last from 4&#8211;6 hours after administration of the drug, but some cases have been reported in which the effects were experienced 12 or more hours after administration. These drugs are extremely dangerous and may kill or render the victim comatose. It is imperative that any investigation into the suspected use of date rape drugs involve the taking of blood from the victim and an immediate test of the blood, as the length of time between the taking of the blood and the testing for these drugs results in a degradation of the drug in the blood, even after it has been drawn. Waiting too long to test for the presence of date rape drugs may cause ]s.


Dissociation can occur during the assault.<ref name="Psych2013rev" /> Memories may be fragmented especially immediately afterwards. They may consolidate with time and sleep.<ref name="Psych2013rev" /> A man or boy who is raped may be stimulated and even ejaculate during the experience of the rape. A woman or girl may orgasm during a sexual assault. This may become a source of shame and confusion for those assaulted along with those who were around them.<ref name="Male2013" /><ref>{{cite journal |last1=Chivers |first1=ML |last2=Seto |first2=MC |last3=Lalumière |first3=ML |last4=Laan |first4=E |last5=Grimbos |first5=T |title=Agreement of self-reported and genital measures of sexual arousal in men and women: a meta-analysis. |journal=Archives of Sexual Behavior |date=February 2010 |volume=39 |issue=1 |pages=5–56 |pmid=20049519 |pmc=2811244 |doi=10.1007/s10508-009-9556-9}}</ref><ref>{{cite journal |last1=Levin |first1=RJ |last2=van Berlo |first2=W |title=Sexual arousal and orgasm in subjects who experience forced or non-consensual sexual stimulation – a review. |journal=Journal of Clinical Forensic Medicine |date=April 2004 |volume=11 |issue=2 |pages=82–8 |doi=10.1016/j.jcfm.2003.10.008 |pmid=15261004}}</ref>
However, trying to deduce whether date rape drugs have been used from symptoms is an approach that can cause ]s. In ] in ], during a time when the media were reporting a drink-spiking epidemic, 44 women had their blood tested because they believed they had been the victims of drink spiking. The West Australian Chemistry Centre tested the blood samples and in these 44 cases, the only substance found in the victim's system was excessive alcohol (which in large amounts has the same effects as "date rape" drugs, causing unconsciousness and memory loss). Police said that the blood-alcohol level of most of the subjects was significantly higher than the women themselves expected, based on their assessment of the amount of drinks consumed, and commented:


Trauma symptoms may not show until years after the sexual assault occurred. Immediately following a rape, the survivor may react outwardly in a wide range of ways, from expressive to closed down; common emotions include distress, anxiety, shame, revulsion, helplessness, and guilt.<ref name=Psych2013rev/> Denial is not uncommon.<ref name=Psych2013rev/>
:"While we can't dismiss all cases, the results suggest that a fair proportion of drink spiking is just an urban myth ... It seems that a proportion of young women are getting incredibly intoxicated and using drink spiking as an excuse to explain behaviour they are not happy with."


In the weeks following the rape, the survivor may develop symptoms of ] and may develop a wide array of psychosomatic complaints.<ref name=Psych2013rev/><ref name=Hoffman2016>{{cite book |last1=Hoffman |first1=Barbara |display-authors=etal |title=Williams Gynecology |date=2016 |publisher=McGraw Hill Professional |isbn=9780071849098 |edition=3rd}}</ref>{{rp|310}} PTSD symptoms include re-experiencing of the rape, avoiding things associated with the rape, numbness, and increased anxiety and ].<ref name=Psych2013rev/> The likelihood of sustained severe symptoms is higher if the rapist confined or restrained the person, if the person being raped believed the rapist would kill them, the person who was raped was very young or very old, and if the rapist was someone they knew.<ref name=Psych2013rev/> The likelihood of sustained severe symptoms is also higher if people around the survivor ignore (or are ignorant of) the rape or blame the rape survivor.<ref name=Psych2013rev/>
Testing kits that claim to detect GHB, ] and ]s such as Rohypnol in seconds are commercially available under names such as "The Drink Detective".


Most people recover from rape in three to four months, but many have persistent PTSD that may manifest in anxiety, depression, substance abuse, irritability, anger, flashbacks, or nightmares.<ref name=Psych2013rev/> In addition, rape survivors may have long-term ], may develop one or more ]s, ], and may experience difficulties with resuming their social life and with sexual functioning.<ref name=Psych2013rev/> People who have been raped are at higher risk of suicide.<ref name=Male2013/><ref>{{cite journal |last1=Jina |first1=R |last2=Thomas |first2=LS |title=Health consequences of sexual violence against women. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=15–26 |pmid=22975432 |doi=10.1016/j.bpobgyn.2012.08.012}}</ref>
===Male rape===
Males can also be raped (more commonly by other males, but also by females). It is a myth that a man cannot be forced into sex. Men are just as traumatized by rape as female victims. In many countries rape of males is legally classified under a different law or name, however the nature of the incident, and its consequences, are similar or identical. It is said that rape of males is taken less seriously due to the stereotypical views held about males in modern society.


Men experience similar psychological effects of being raped, but they are less likely to seek counseling.<ref name=Male2013>{{cite journal |last1=McLean |first1=IA |title=The male victim of sexual assault. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=39–46 |pmid=22951768 |doi=10.1016/j.bpobgyn.2012.08.006}}</ref>
Common myths - Male victims, like female victims, do not all "want sex", nor does the physiological effect of erection or orgasm mean that sex was "really wanted" or "liked". (A capable assailant can force these physical responses in the majority of males, given appropriate planning for their assault). Also male on male rape doesn't imply homosexuality of either party. Mens' Rights lobbyists are pushing for tougher "male rape" laws, and have gained some success--for example, ] a man without his permission is grounds for a charge of second degree rape in the United States.


Another effect of rape and sexual assault is the stress created in those who study rape or counsel the survivors. This is called ].<ref>{{cite web |title=Guidelines for the prevention and management of vicarious trauma among researchers of sexual and intimate partner violence |url=http://www.svri.org/sites/default/files/attachments/2016-06-02/SVRIVTguidelines.pdf |publisher=Sexual Violence Research Initiative |date=2015}}</ref>
* Resource:


===Custodial and prison rape=== === Physical ===
''Main article at: ]''


The presence or absence of physical injury may be used to determine whether a rape has occurred.<ref>{{cite journal |last1=Walker |first1=G |title=The (in)significance of genital injury in rape and sexual assault. |journal=Journal of Forensic and Legal Medicine |date=August 2015 |volume=34 |pages=173–8 |doi=10.1016/j.jflm.2015.06.007 |pmid=26165680}}</ref> Those who have experienced sexual assault yet have no physical trauma may be less inclined to report to the authorities or to seek health care.<ref>{{cite journal |last=Kennedy |first=K. M. |title=The Relationship of Victim Injury to the Progression of Sexual Crimes through the Criminal Justice System |journal=Journal of Forensic and Legal Medicine |year=2012 |volume=19 |issue=6 |pages=309–311 |doi=10.1016/j.jflm.2012.04.033|pmid=22847045 |hdl=10147/266322 |hdl-access=free }}</ref>
Research carried out by ] and ] of the ] has found that 22% - 25% of male prisoners in the United States have been the victim of sexual assault, 10% have been the victim of rape, and 6% have been the victim of gang rape. Women prisoners are especially vulnerable to assault by guards and other staff members, and the incidence in the United States has been denounced by ] and ].


While penetrative rape generally does not involve the use of a condom, in some cases a condom is used. The use of a condom significantly reduces the likelihood of pregnancy and ], both to the victim and the rapist. Rationales for condom use include: avoiding contracting infections or diseases (particularly HIV), especially in cases of rape of ]s or in gang rape (to avoid contracting infections or diseases from fellow rapists); eliminating evidence, making prosecution more difficult (and giving a sense of invulnerability); giving the appearance of consent (in cases of acquaintance rape); and thrill from planning and the use of the condom as an added prop. Concern for the victim is generally not considered a factor.<ref name="condom">{{cite news |url=https://www.nytimes.com/1994/08/22/nyregion/rapists-and-condoms-is-use-a-cavalier-act-or-a-way-to-avoid-disease-and-arrest.html |title=Rapists and Condoms; Is Use a Cavalier Act or a Way to Avoid Disease and Arrest? |first=Craig |last=Wolff |date=August 22, 1994 |newspaper=]}}</ref>
===Rape and sexual torture===
In circumstances where ] is being employed as a means of military or governmental policy, rape of both female and male detainees is a common element of that torture. It is used often as a means to "soften" detainees for interrogation or to intimidate them into compliance. In societies with strong social taboos on sexuality, sexual torture is commonly used to destroy the credibility and influence of politically dissident individuals.


=== Sexually transmitted infections ===
Rape under such circumstances often has even more profoundly negative psychological effects than under circumstances in which sexual assaults usually happen.
{{See also|Virgin cleansing myth|Prison rape in the United States#Sexually transmitted infections}}


Those who have been raped have relatively more reproductive tract infections than those who have not been raped.<ref name="Kimura 2013">{{cite book |last=Kimura |first=Seiji |title=Physical and emotional abuse triggers, short and long-term consequences and prevention methods |publisher=] |location=Hauppauge, New York |year=2013 |isbn=9781624174469}}</ref> HIV can be transmitted through rape. Acquiring AIDS through rape puts people at increased risk for psychological problems. Acquiring HIV through rape may lead to behaviors that create a risk of injecting drugs.<ref>{{cite web |url=http://www.svri.org/hiv.htm |title=Sexual Violence and HIV |publisher=Sexual Violence Research Initiative |access-date=2013-02-03 |url-status=dead |archive-url=https://web.archive.org/web/20130218202407/http://www.svri.org/hiv.htm |archive-date=2013-02-18 }}</ref> Acquiring sexually transmitted infections increases the risk of acquiring HIV.<ref name="Kimura 2013"/>
See also ], ], ].
The belief that having sex with a ] can cure HIV/AIDS exists in parts of Africa. This leads to the rape of girls and women.<ref name="cure" /><ref>{{cite book |last=Jenny |first=Carole |title=Child Abuse and Neglect: Diagnosis, Treatment and Evidence&nbsp;— Expert Consult |year=2010 |publisher=Elsevier Health Sciences |isbn=978-1-4377-3621-2 |page=187 |url={{Google books |plainurl=yes |id=BKILM5KWFKwC |page=187}}}}</ref><ref>{{cite book |author1=Klot, Jennifer |author2=Monica Kathina Juma |title=HIV/AIDS, Gender, Human Security and Violence in Southern Africa |publisher=Africa Institute of South Africa |location=Pretoria |year=2011 |page=47 |isbn=978-0-7983-0253-1 |url={{Google books |plainurl=yes |id=du0aR53YsYMC |page=47}}}}</ref><ref>{{cite web |url=http://www.scienceinafrica.co.za/2002/april/virgin.htm |title=HIV/AIDS, the stats, the Virgin Cure and infant rape |publisher=Science in Africa |date=2002-01-25 |access-date=2013-02-03 |archive-url=https://web.archive.org/web/20120115094218/http://www.scienceinafrica.co.za/2002/april/virgin.htm |archive-date=2012-01-15 |url-status=dead }}</ref> The claim that the myth drives either HIV infection or child sexual abuse in South Africa is disputed by researchers ] and Helen Epstein.<ref>{{cite journal |title=The myth of the virgin rape myth |url=http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2809%2961858-4/fulltext |journal=The Lancet |volume=374 |issue=9699 |pages=1419; author reply 1419–20 |date=2009-10-24 |doi=10.1016/S0140-6736(09)61858-4 |pmid=19854367 |vauthors=Epstein H, Jewkes R |s2cid=33671635 }} "In the current South African case, this claim is predicated on racist assumptions about the amorality of African men..."</ref>


=== Victim blaming, secondary victimization and other mistreatment ===
===Sex trafficking===
{{Main|Victim blaming|Post-assault treatment of sexual assault victims}}
] and a ] (]), the Nymph is shown vigorously resisting the Satyr's sexual advances, punching him on the mouth – lack of which might be construed as implying consent.]]
Society's treatment of victims has the potential to exacerbate their trauma.<ref name=":4" /> People who have been raped or sexually assaulted are sometimes blamed and considered responsible for the crime.<ref name="Maier2008" /> This refers to the ] and ] that certain victim behaviors (such as being intoxicated, ] or wearing sexually ] clothing) may encourage rape.<ref>Pauwels, B. (2002). "Blaming the victim of rape: The culpable control model perspective." ''Dissertation Abstracts International: Section B: The Sciences and Engineering,'' 63(5-B).</ref><ref name=":0">{{Cite journal |last1=Grubb |first1=Amy |last2=Turner |first2=Emily |date=2012-09-01 |title=Attribution of blame in rape cases: A review of the impact of rape myth acceptance, gender role conformity and substance use on victim blaming |journal=Aggression and Violent Behavior |volume=17 |issue=5 |pages=443–452 |doi=10.1016/j.avb.2012.06.002|url=https://pure.coventry.ac.uk/ws/files/3956894/Grubb4.pdf }}</ref> In many cases, victims are said to have "asked for it" because of not resisting their assault or violating female gender expectations.<ref>{{cite journal |author1=Abrahms D. |author2=Viky G. |author3=Masser B. |author4=Gerd B. |year=2003 |title=Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity |journal=Journal of Personality and Social Psychology |volume=84 |issue=1 |pages=111–125 |pmid=12518974 |doi=10.1037/0022-3514.84.1.111}}</ref><ref name=":0" /> A global survey of attitudes toward sexual violence by the ] shows that victim-blaming concepts are at least partially accepted in many countries. Women who have been raped are sometimes deemed to have behaved improperly. Usually, these are cultures where there is a significant social divide between the freedoms and status afforded to men and women.<ref>{{cite web |url=http://www.globalforumhealth.org/filesupld/vaw/attitudes.html |archive-url=https://web.archive.org/web/20050205184952/http://www.globalforumhealth.org/filesupld/vaw/attitudes.html |archive-date=2005-02-05 |title=Attitudes to sexual violence |date=2005-02-05 |access-date=2010-12-31}}</ref>


{{blockquote|"Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed."<ref name = bud2001/>}}
] is a term to define the recruiting, harboring, obtaining, transportation of a person by use of force, fraud, or coercion for the purpose of subjecting them to involuntary acts, the most common being forced commercial sexual exploitation (forced ]).


Commentators state: "individuals may endorse rape myths and at the same time recognize the negative effects of rape."<ref name=bud2001>{{cite journal |author1=Amy M. Buddie |author2=Arthur G. Miller |title=Beyond Rape Myths: A more complex view of perceptions of rape victims |journal=Sex Roles |year=2001 |doi=10.1023/A:1013575209803 |url=http://business.highbeam.com/435388/article-1G1-82782443/beyond-rape-myths-more-complex-view-perceptions-rape |archive-url=https://web.archive.org/web/20130509055551/http://business.highbeam.com/435388/article-1G1-82782443/beyond-rape-myths-more-complex-view-perceptions-rape |url-status=dead |archive-date=2013-05-09 |volume=45 |issue=3/4 |pages=139–160 |s2cid=142661015 }} {{Webarchive|url=https://web.archive.org/web/20120118073552/http://www.taasa.org/library/pdfs/TAASALibrary22.pdf |date=2012-01-18 }}</ref> A number of ] stereotypes can play a role in rationalization of rape. These include the idea that power is reserved to men whereas women are meant for sex and objectified, that women want forced sex and to be pushed around,<ref name="neumann">Neumann, S., Gang Rape: Examining Peer Support and Alcohol in Fraternities. Sex Crimes and Paraphilias</ref> and that male sexual impulses and behaviors are uncontrollable and must be satisfied.<ref>{{cite book |author1=Joan Z. Spade |author2=Catherine G. Valentine |title=The kaleidoscope of gender: prisms, patterns, and possibilities |url={{Google books |plainurl=yes |id=TmDv-DzF1ZMC}} |access-date=1 October 2011|date=10 December 2007|publisher=Pine Forge Press|isbn=978-1-4129-5146-3}}</ref>
See also ]


For females, victim-blaming correlates with fear. Many rape victims blame themselves. Female jurors might look at the woman on the witness stand and believe she had done something to entice the defendant.<ref>{{Cite web|date=2010-02-19|title=Blame the rapist, not the victim|url=http://www.theguardian.com/lifeandstyle/2010/feb/19/blame-the-rapist|website=the Guardian|language=en|access-date=2022-04-19}}</ref> In Chinese culture, victim-blaming is often associated with the crime of rape, as women are expected to resist rape using physical force. Thus, if rape occurs, it is considered to be at least partly the woman's fault, and her virtue is called into question.<ref>Xue J, Fang G, Huang H, Cui N, Rhodes KV, Gelles R. Rape myths and the cross-cultural adaptation of the Illinois Rape Myth Acceptance Scale in China. Journal of Interpersonal Violence. 2016 5. . DOI: 10.1177/0886260516651315</ref>
===Gang rape===
Gang-rape (also known as "pack rape" or "]") occurs when a group of people participates in the rape of a single victim. It is far more damaging for the victim, and in some jurisdictions is punished more severely than rape by one person. "Gang bang" is also a ] term for consensual ].


==== Honor killings and forced marriages ====
According to ], a profiler of sexual crimes, " involves three or more offenders and you always have a leader and a reluctant participant. Those are extremely violent, and what you find is that they're playing for each other's approval. It gets into a pack mentality and can be horrendous."


In many cultures, those who are raped have a high risk of suffering additional violence or threats of violence after the rape. This can be perpetrated by the rapist, friends, or relatives of the rapist. The intent can be to prevent the victim from reporting the rape.&nbsp;Other reasons for threats against those assaulted is to punish them for reporting it, or of forcing them to withdraw the complaint.&nbsp;The relatives of the person who has been raped may wish to prevent "bringing shame" to the family and may also threaten them. This is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in ].<ref name="zeenews.india" /><ref name="wisemuslimwomen" /><ref name="bbc" /><ref>{{Cite news |url=https://www.bbc.co.uk/news/world-africa-17379721 |title=BBC News&nbsp;— Morocco protest after raped Amina Filali kills herself |journal=BBC News |date=2012-03-15 |access-date=2013-02-03}}</ref>
===Consent===
There is considerable debate as to what constitutes proper and complete ] in a sexual relationship. How explicit consent should be, how frequently it needs to be established, and what constitutes ] (usually due to drugs or alcohol) are all subjects of some disagreement. These debates take place both on moral and ethical grounds, and as a legal issue, since rape can only be convicted as a crime with intent in many jurisdictions, and the erroneous belief of consent is a common defense.


==Effects== == Treatment ==
In the US, ] include the right to have a victims advocate preside over every step of the medical/legal exam to ensure sensitivity towards victims, provide emotional support, and minimize the risk of re-traumatization. Victims are to be informed of this immediately by law enforcement or medical service providers.<ref>{{Cite web |url=https://www.victimlaw.org/victimlaw/pages/victimsRight.jsp |title=VictimLaw – Victims Right |website=www.victimlaw.org|access-date=2017-09-09}}</ref><ref>{{Cite web |url=http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/what-is-a-victim-advocate- |title=What is a Victim Advocate- |website=victimsofcrime.org |access-date=2017-09-09 |archive-date=2018-09-24 |archive-url=https://web.archive.org/web/20180924185128/http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/what-is-a-victim-advocate- |url-status=dead }}</ref> ] of many hospitals employ sexual assault nurse/forensic examiners (SAN/FEs) with specific training to care for those who have experienced a rape or sexual assault. They are able to conduct a focused medical-legal exam. If such a trained clinician is not available, the emergency department has a sexual assault protocol that has been established for treatment and the collection of evidence.<ref name=Markovchick2016/><ref name=mci2017>{{cite book |first=Thomas K. |last=McInerny |date=2017 |title=Textbook of Pediatric Care – 2nd Edition |publisher=American Academy of Pediatrics |isbn=978-1-58110-966-5}} {{Dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}<sup></sup></ref> Staff are also trained to explain the examinations in detail, the documentation and the rights associated with the requirement for ]. Emphasis is placed on performing the examinations at a pace that is appropriate for the person, their family, their age, and their level of understanding.<ref name="mci2017" /> Privacy is recommended to prevent ].<ref name="Cybulska2013"/>
A proportion of violent sexual assaults end with the death or serious injury of the victim. Other consequences can include ] or ]s.


=== Non-genital injuries ===
The most common effect of rape on victims is psychological. In the past, survivors of rape and sexual assault were often diagnosed with ] (RTS), then considered an psychological disorder. RTS is no longer considered a diagnosis, but rather a set of normal psychological and physiological reactions that a victim is likely to experience. These include, but are not limited to, feelings of guilt and shame, tension, anger, eating disturbances, and sometimes ]. The reactions are very similar to those that would be experienced by a survivor of any other traumatizing experience. The psychological trauma is cited as one of the reasons that rape is usually not reported to the authorities.


====Physical assessment====
Because of the sexual nature of rape crimes, victims often suffer serious psychological ]. This is especially true in societies with strong sexual customs and taboos. For example, a woman (and especially a ]) who is raped may be deemed "damaged" by society: she may suffer isolation, may be prohibited to marry, be divorced if she was married or even killed. She may also feel "dirty" or as if the crime was her fault.
Many rapes do not result in serious physical injury.<ref>{{cite journal |last=Kennedy |first=K. M. |title=Heterogeneity of Existing Research Relating to Sexual Violence, Sexual Assault and Rape Precludes Meta-analysis of Injury Data |journal=Journal of Forensic and Legal Medicine |year=2013 |volume=20 |issue=5 |pages=447–459 |doi=10.1016/j.jflm.2013.02.002|pmid=23756514 |hdl=10147/296808 |hdl-access=free }}</ref> The first ] to sexual assault is a complete assessment. This general assessment will prioritize the treatment of injuries by the ] staff. Medical personnel involved are trained to assess and treat those assaulted or follow protocols established to ensure privacy and best treatment practices. Informed consent is always required prior to treatment unless the person who was assaulted is unconscious, intoxicated or does not have the mental capacity to give consent.<ref name=Markovchick2016/><ref name = mci2017/> Priorities governing the physical exam are the treatment of serious life-threatening emergencies and then a general and complete assessment.<ref name="HockettSaucier2015">{{cite journal |last1=Hockett |first1=Jericho M. |last2=Saucier |first2=Donald A. |title=A systematic literature review of "rape victims" versus "rape survivors": Implications for theory, research, and practice |journal=Aggression and Violent Behavior |volume=25 |year=2015 |pages=1–14 |issn=1359-1789 |doi=10.1016/j.avb.2015.07.003}}</ref> Some physical injuries are readily apparent such as ],<ref name="NYJH" /> broken teeth, ], ], ]s and scratches. In more ] cases, the victim may need to have gunshot wounds or ]s treated.<ref name=Markovchick2016/> The loss of consciousness is relevant to the medical history.<ref name = mci2017/> If abrasions are found, ] against ] is offered if 5 years have elapsed since the last immunization.<ref name="Varcarolis" />


====Diagnostic testing====
The process to denounce and eventually convict an offender is often hindered by similar psychological effects. Victims frequently feel shame when describing what has happened (especially if the victim is male or a female victim must report the incident to a male law officer). Also, the intimate questions and medical examinations required for prosecution can make the victim uncomfortable. In societies that do not accord equal civil rights to women and men, this process is even more difficult for female victims.
After the general assessment and treatment of serious injuries, further evaluation may include the use of additional diagnostic testing such as ], ] or ] image studies and blood work. The presence of infection is determined by sampling of body fluids from the mouth, throat, vagina, ], and ].<ref name = mci2017/>


====Forensic sampling====
===Medical emergency information===
{{Main|Rape investigation}}
:''Main articles: ] and ]
Victims have the right to refuse any evidence collection. Victims advocates ensure the victims' wishes are respected by hospital staff. After the physical injuries are addressed and treatment has begun, then ] proceeds along with the gathering of evidence that can be used to identify and document the injuries.<ref name=Markovchick2016/> Such ]-gathering is only done with the complete consent of the patient or the ]s of the patient. Photographs of the injuries may be requested by staff.<ref name = mci2017/> At this point in the treatment, if a victims' advocate had not been requested earlier, experienced ] are made available to the patient and family.<ref name="Hoffman2012">{{cite book |last=Hoffman |first=Barbara |title=Williams gynecology |publisher=McGraw-Hill Medical |location=New York |year=2012 |isbn=978-0-07-171672-7}}</ref>


If the patient or the caregivers (typically parents) agree, the medical team utilizes standardized sampling and testing usually referred to as a forensic evidence kit or "]".<ref name = mci2017/> The patient is informed that submitting to the use of the rape kit does not ] them to file ] against the perpetrator. The patient is discouraged from bathing or showering to obtain samples from their hair.<ref name="Hoffman2012" /> Evidence gathered within the past 72 hours is more likely to be valid.<ref name="mci2017" /> The sooner that samples are obtained after the assault, the more likely that evidence is present in the sample and provides valid results. Once the injuries of the patient have been treated and she or he is stabilized, the sample gathering will begin. Staff will encourage the presence of a rape/sexual assault counselor to provide an advocate and reassurance.<ref name="Hoffman2012" />
According to the ] (ACEP) in the ], rape is a ]. . Medical and law enforcement professionals often strongly recommend that a victim ] and report it. A victim seeking medical attention as soon as possible will allow prompt treatment for possibly life threatening injuries and disease, and preserve evidence. Many recommend that victims should not bathe or clean themselves before the exam; not only to prevent the loss of physical evidence but to also not delay medical attention.


During the medical exam, evidence of bodily secretions is assessed. Dried semen that is on clothing and skin can be detected with a fluorescent lamp.<ref name="mci2017" /><ref>"Semen fluoresces best at wavelengths of 420 and 450 nm, when viewed through orange goggles. A Wood lamp emits light at only a 360-nm wavelength. Therefore specialized alternate light sources that emit wavelengths at 420 and 450 nm, such as a Bluemaxx, should be used. Although this type of lamp will improve the detection of dried semen, many other substances will fluoresce as well; thus, confirmation of semen cannot be made with this method.", McInerny (2017)</ref> Notes will be attached to those items on which semen has been found. These specimens are marked, placed in a paper bag,<ref>This practice discourages the growth of microorganisms which could alter the analysis. Cybulska</ref> and are marked for later analysis for the presence of seminal vesicle-specific antigen.<ref name="mci2017" /><ref name="Cybulska2013"/>
Physical injuries such as ], ] or ] may have resulted. Additionally, emergency ] and preventative treatment against ] may be required, in particular prophylactic treatments to prevent HIV infection. In many locations, ]s, ] nurses and doctors are trained in how to help rape victims. Some ]s have ]s which are used to collect evidence.


Though technically, medical staff are not part of the legal system, only trained medical personnel can obtain evidence that is admissible during a trial. The procedures have been standardized. Evidence is collected, signed, and locked in a secure place to guarantee that legal evidence procedures are maintained. This carefully monitored procedure of evidence collection and preservation is known as the ]. Maintaining the chain of evidence from the medical examination, testing, and ] sampling from its origin of collection to court allows the results of the sampling to be admitted as evidence.<ref name="Hoffman2012" /> Photography is often used for documentation.<ref name="VAW2013" /><!-- p 95 -->
AIDS ] is possible within 48 hours but not always deemed appropriate given the extremely small chance of transmission in many cases (0.1 - 0.3%, or between 1 in 333 and 1 in 1000), the lack of certainty of any effective results (it reduces rather than removes the risk), and the often severe side effects of drugs required. This would usually be a clinical decision based upon circumstances.


===RAINN=== ===After the examination===
Some physical effects of the rape are not immediately apparent. Follow up examinations also assess the patient for ], ], sleep pattern disturbances, gastrointestinal irritability, chronic pelvic pain, menstrual pain or irregularity, pelvic inflammatory disease, sexual dysfunction, premenstrual distress, fibromyalgia, vaginal discharge, vaginal itching, burning during urination, and generalized vaginal pain.<ref name="HockettSaucier2015" />
Some groups also operate hotlines to offer advice and psychological first aid.
In the United States, one of the most prominent hotlines for rape victims is operated by the organization ] (The Rape, Abuse and Incest National Network). RAINN is the only toll-free, completely confidential 24-hour hotline that provides this service in America. Their telephone number is 1-800-656-HOPE.


The World Health Organization recommends<ref>{{Cite web |url=https://apps.who.int/iris/bitstream/handle/10665/42788/924154628X.pdf;jsessionid=A75321438AE831AA07EDE72363B69C19?sequence=1 |title=WHO Guidelines for medico-legal care for victims of sexual violence|access-date=2019-08-08}}</ref><ref>{{Cite book |title=Responding to Children and Adolescents Who Have Been Sexually Abused: WHO Clinical Guidelines|date=2017|publisher=World Health Organization |url=http://www.ncbi.nlm.nih.gov/books/NBK493119/ |isbn=9789241550147 |series=WHO Guidelines Approved by the Guidelines Review Committee|location=Geneva|pmid=29630189}}</ref><ref>{{Cite journal|last1=Amin|first1=Avni |last2=MacMillan |first2=Harriet|last3=Garcia-Moreno |first3=Claudia|date=2018-04-03|title=Responding to children and adolescents who have been sexually abused: WHO recommendations|journal=Paediatrics and International Child Health|volume=38 |issue=2|pages=85–86 |pmid=29493421 |doi=10.1080/20469047.2018.1427179|s2cid=3631696|issn=2046-9047}}</ref> offering prompt access to ] ] medications which can significantly reduce risk of an undesired pregnancy if used within 5 days of rape;<ref>{{Cite book|url=http://www.ncbi.nlm.nih.gov/books/NBK542751/|title=Ulipristal versus Levonorgestrel for Emergency Contraception: A Review of Comparative Cost-Effectiveness |last1=Tran|first1=Khai|last2=Grobelna|first2=Aleksandra |date=2019|publisher=Canadian Agency for Drugs and Technologies in Health|series=CADTH Rapid Response Reports |location=Ottawa (ON) |pmid=31219689}}</ref> it is estimated that about 5% of male-on-female rapes result in pregnancy.<ref name="Varcarolis">{{cite book |author=Varcarolis, Elizabeth |year=2013 |title=Essentials of psychiatric mental health nursing |location=St. Louis |publisher=Elsevier |pages=439–442}}</ref> When rape results in pregnancy, ] pills can be safely and effectively used to end a pregnancy up to 10 weeks from the last menstrual period.<ref>{{Cite journal |last1=Chen|first1=Melissa J. |last2=Creinin |first2=Mitchell D.|date=July 2015|title=Mifepristone With Buccal Misoprostol for Medical Abortion: A Systematic Review|journal=Obstetrics and Gynecology|volume=126|issue=1 |pages=12–21|doi=10.1097/AOG.0000000000000897|pmid=26241251 |s2cid=20800109|issn=1873-233X |url=https://escholarship.org/uc/item/2pw521h5}}</ref>
==Rapists==
===Rapist profiles===
Dr. ], author of ''Men Who Rape: The Psychology of the Offender'', described four types of deliberate rapists, based on their motivations and behavior patterns. ] scientists, ], and ] agencies often use these profiles to analyze rapists and prevent future rapes.


=== Genital injuries ===
Since rapes are predominantly perpetrated by men, a male perpetrator is assumed in these profiles.


An internal pelvic exam is not recommended for sexually immature or prepubescent girls due to the probability that internal injuries do not exist in this age group. However, an internal exam may be recommended if significant bloody discharge is observed.<ref name="mci2017" /> A complete ] for rape (] or vaginal) is conducted. An ] is done if there have been ]s to the mouth, teeth, gums, or ]. Though the patient may have no complaints about ] signs of trauma can still be assessed. Before the complete bodily and genital exam, the patient is asked to undress, standing on a white sheet that collects any ] that may be in the clothing. The clothing and sheet are properly bagged and labeled along with other samples that can be removed from the body or clothing of the patient. Samples of ]s, mud, hair, or leaves are gathered if present. Samples of ] are collected to determine the presence of the perpetrator's ] and ] that may be present in the patient's mouth, ] or ]. Sometimes the victim has ] the perpetrator in defense and fingernail scrapings can be collected.<ref name="Hoffman2012" />
*'''The power-assertive rapist''': This is argued to be the most common type of rapist, accounting for about 40 percent of all reported rapes. An ], he tends to value ] and physical aggression. Often, he will commit date rape against victims he meets in places like bars, but he may pose as or be an authority figure. Power-assertive rapists do not intend to kill their victims, but to traumatize and humiliate them. They rarely target specific people for rape.


Injuries to the genital areas can include swelling, lacerations, and bruising.<ref name="Hoffman2012" /><ref>{{Cite book|title=Health & physical assessment in nursing|last=Donita|first=D'Amico|others=Barbarito, Colleen|isbn=9780133876406|edition= 3rd|location=Boston|pages=664|oclc=894626609|date = 2015-02-10}}</ref> Common genital injuries are ], labial abrasions, hymenal bruising, and tears of the posterior ] and fossa.<ref name="Hoffman2012" /> Bruises, tears, abrasions, inflammation and lacerations may be visible. If a foreign object was used during the assault, x-ray visualization will identify retained fragments.<ref>{{Cite book|url=https://books.google.com/books?id=Kr6ZBAAAQBAJ&pg=PA65|title=Forensic Gynaecology|last=Dalton|first=Maureen|date=2014-10-09|publisher=Cambridge University Press|isbn=9781107064294}}</ref> Genital injuries are more prevalent in ] women and ] girls. Internal injuries to the ] and vagina can be visualized using ]. Using colposcopy has increased the detection of internal trauma from six percent to fifty-three percent. Genital injuries to children who have been raped or sexually assaulted differ in that the abuse may be on-going or may have happened in the past after the injuries heal. ]ring is one sign of the sexual abuse of children.<ref name="Hoffman2012" />
*'''The power-reassurance rapist''': This type of individual is usually socially deficient and unable to develop interpersonal or ]s. Usually not physically aggressive, he will select and stalk a victim before committing the crime, and this victim is usually a neighbor or work acquaintance. Power-reassurance rapists often force the victim to emulate ] and take "trophies" of the rape, and may record the event in a personal ]. Power-reassurance rapists usually have average intelligence, insecurities about their masculinity, and tend to be the least violent type of rapist. They also often fantasize about consensual sexual relationships with women, rather than violent conquest. Law enforcers describe this type of rapist, responsible for about 27.5% of reported rapes, as the "gentleman rapist".


Several studies have explored the association between skin color and genital injury among rape victims. Many studies found a difference in rape-related injury based on race, with more injuries being reported for white females and males than for black females and males. This may be because the dark skin color of some victims obscures bruising. Examiners paying attention to victims with darker skin, especially the thighs, labia majora, posterior fourchette, and fossa navicularis, can help remedy this.<ref>Baker RB, Fargo JD, Shambley-Ebron D, Sommers MS. A source of healthcare disparity: Race, skin color, and injuries after rape among adolescents and young adults. Journal of Forensic Nursing, 2010; 6: 144–150</ref>
*'''Anger-retaliatory rapist''': Responsible for about 28% of rapes, this type of individual is often a ] with impulsive ] and ]-related pathologies. This type of rapist does not target specific victims, and often feels ] in general. The anger-retaliatory rapist's attacks are usually spontaneous and brutal, and, while he does not intend to kill the victim, may beat her to death if she resists. This rapist usually has below-average intelligence and is likely to leave more evidence than other types of rapists.


=== Infections ===
*'''The anger-excitation rapist''': This type of rapist, considered the most dangerous and elusive, accounts for about 4.5 percent of rapes. The anger-excitation rapist exhibits behavior characteristic of ], and is therefore often perceived as charming and intelligent. This makes such rapists difficult to catch. The anger-excitation rapist may or may not choose victims selectively. Often ], he will often ] or ] his victim to prevent her from identifying him, or for his own sexual gratification. ] was an example of this type of rapist.


The presence of a sexually contracted infection can not be confirmed after rape because it cannot be detected until 72 hours afterwards.<ref name = marc2015>{{cite book |last=Marcdante |first=Karen |title=Nelson essentials of pediatrics |publisher=Elsevier/Saunders |location=Philadelphia |year=2015 |isbn=978-1-4557-5980-4}}<sup></sup></ref><!--no page numbers-->
===Warning signs===
It is very difficult to predict who may or may not be a potential rapist. Considering rapists have many personality types and use many different methods, it might seem impossible. However, certain behavioral characteristics have been observed in some rapists. These should be used cautiously as "warning signs", since non-rapists and other innocent people may also show similar behaviours.
* Extreme emotional insensitivity and egotism.
* Habitual degradation and verbal devaluation of others.
* Tries to tell others what they are feeling and thinking as though it is his decision and not theirs. ''"She said no, but she meant yes".''
* Consistently uses intimidation in language or threatening behavior to get his way. Uses words like "bitch" and "whore" to describe women.
* Excessive, chronic, or brooding anger.
* Becomes obsessed with the object of his romantic affections long after his advances have been rejected.
* Extreme mood swings.
* Violent outbursts; lack of impulse control.
* Aggressive and violent.
* Under the influence of alcohol or drugs, cruel behavior is seen.


The person who was raped may already have a sexually transmitted infection and if diagnosed, it is treated.<ref name="Varcarolis" /><ref name=VAW2013/><!-- p 111 --> Prophylactic antibiotic treatment for ], ], ] and ] may be performed. Chlamydial and gonococcal infections in women are of particular concern due to the possibility of ascending infection. ] against ] is often considered.<ref name = marc2015/><ref name="Varcarolis" /><ref name="Cybulska2013">{{cite journal |last1=Cybulska |first1=Beata |title=Immediate medical care after sexual assault |journal=Best Practice & Research Clinical Obstetrics & Gynaecology |volume=27 |issue=1 |year=2013 |pages=141–149 |issn=1521-6934 |doi=10.1016/j.bpobgyn.2012.08.013|pmid=23200638 }}<sup></sup></ref> After prophylactic treatment is initiated, further testing is done to determine what other treatments may be necessary for other infections transmitted during the assault.<ref name="Varcarolis" /> These are:
==Rape and punishment==
* Serum ] surface antigen assay
===Punishment of assailant===
* Microscopic evaluation of ] (saline wash and staining)
Most societies consider rape a grave offense, and punish it accordingly. The ] punishes it with imprisonment, but until the ] would apply the ] for the crime, as is still done in many societies. ] is sometimes a punishment for rape and, controversially, some U.S. jurisdictions allow shorter sentences for sex criminals who agree to voluntary "]."
* ] for '']'' and ''Chlamydia trachomatis'' from each penetrated location
* ]
* ] (CBC)
* ]
* ]<ref name="Varcarolis" />


Treatment may include the administration of ]/], ]/], or ]/]. Information regarding other treatment options is available from the CDC.<ref name="Hoffman2012" />
Racist communities in the Southern states of the U.S. often used phony rape charges to justify ] groups (known as "]s") to seize and kill ] men without ] or ]. The assailants were rarely prosecuted or punished for these mob killings. In some communities, any sexual interaction between an African-American man and a Caucasian woman was characterized as rape, which resulted in a large number of (presumably) innocent men being unjustly murdered. Today, some Americans support reinstating the death penalty for rape, but due to this past use in racial pogroms, many people are against this proposal.


The transmission of HIV is frequently a major concern of the patient.<ref name=VAW2013/><!-- p 111 --> Prophylactic treatment for HIV is not necessarily administered. Routine treatment for HIV after rape or sexual assault is controversial due to the low risk of infection after one sexual assault. Transmission of HIV after one exposure to penetrative anal sex is estimated to be 0.5 to 3.2 percent. Transmission of HIV after one exposure to penetrative vaginal intercourse is 0.05 to 0.15 percent. HIV can also be contracted through the oral route but this is considered rare.<ref name="Hoffman2012" /><ref>{{cite web |title=Antiretroviral Postexposure Prophylaxis After Sexual, Injection-Drug Use, or Other Nonoccupational Exposure to HIV in the United States |publisher=Centers for Disease Control and Prevention |date=21 January 2005 |url=https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5402a1.htm |access-date=2015-12-10}}</ref> Other recommendations are that the patient be treated prophylactically for HIV if the perpetrator is found to be infected.<ref name="NYJH">{{cite web |title=HIV Clinical Resource: HIV Prophylaxis for Victims of Sexual Assault |publisher=Office of the Medical Director, New York State Department of Health AIDS Institute in Collaboration with Johns Hopkins University Division of Infectious Disease |url=http://www.hivguidelines.org/clinical-guidelines/post-exposure-prophylaxis/hiv-prophylaxis-for-victims-of-sexual-assault/ |access-date=2015-12-10|archive-url=https://web.archive.org/web/20160304130135/http://www.hivguidelines.org/clinical-guidelines/post-exposure-prophylaxis/hiv-prophylaxis-for-victims-of-sexual-assault/|archive-date=2016-03-04|url-status=dead}}</ref>
Prison sentences for rape are not uniformly long or severe. A study by a statistician from the ], involving about 80 percent of the prison population, found that based on prison releases in 1992, the average sentence for convicted rapists was 9.8 years, while the actual time served was 5.4 years. This follows the typical pattern for violent crimes in the US, where those convicted typically serve no more than half of their sentence. In ] in 2002-2003, more than 1 in 10 convicted rapists served a wholly suspended sentence and the average total effective sentence for rape was seven years.


Testing at the time of the initial exam does not typically have forensic value if patients are sexually active and have an STI since it could have been acquired before the assault. Rape shield laws protect the person who was raped and who has positive test results. These laws prevent having such evidence used against someone who was raped. Someone who was raped may be concerned that a prior infection may suggest sexual promiscuity. There may, however, be situations in which testing has a legal purpose, as in cases where the threat of transmission or actual transmission of an STI was part of the crime. In nonsexually active patients, an initial, baseline negative test that is followed by a subsequent STI could be used as evidence, if the perpetrator also had an STI.<ref name=VAW2013/><!-- p 111 -->
===Punishment of victims===
While this practice is condemned as barbaric by many present-day societies, some societies punish the victims of rape as well as the perpetrators. According to such cultures, being raped dishonors the victim and, in some cases, the victim's family. In ]ern societies, rape victims may be killed in ]s to restore a family's name.


Treatment failure is possible due to the emergence of antibiotic-resistant strains of pathogens.<ref name="BaardaSikora2015">{{cite journal |last1=Baarda |first1=Benjamin I. |last2=Sikora |first2=Aleksandra E. |title=Proteomics of Neisseria gonorrhoeae: the treasure hunt for countermeasures against an old disease |journal=Frontiers in Microbiology |volume=6 |pages=1190 |year=2015 |issn=1664-302X |doi=10.3389/fmicb.2015.01190|pmid=26579097 |pmc=4620152 |doi-access=free }}</ref>
In the ] ] '']'', Titus Andronicus kills his raped maimed daughter in what he believes to be a ].


=== Rape as punishment === === Emotional and psychiatric ===
Though modern societies claim to recognize the practice as barbaric, some cultures use rape itself as a form of punishment. Usually, the victim of the rape is a female relative of the person targeted for retaliation.


Psychiatric and emotional consequences can be apparent immediately after the rape and it may be necessary to treat these very early in the evaluation and treatment.<ref name=VAW2013>{{cite book |title=Violence Against Women |date=April 2013 |publisher=U.S. Department of Justice – Office of Violence Against Women |url=https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf |access-date=10 January 2016}}</ref> Other treatable emotional and psychiatric disorders may not become evident until some time after the rape. These can be ]s, anxiety, fear, ]s, fear of crowds, avoidance, anger, depression, humiliation, post-traumatic stress disorder (PTSD) hyperarousal, sexual disorders (including fear of engaging in sexual activity), mood disorders, suicidal ideation, borderline personality disorder, nightmares, fear of situations that remind the patient of the rape and fear of being alone,<ref name="HockettSaucier2015" /> ], ] and emotional distance.<ref name="Hoffman2012" /> Victims are able to receive help by using a telephone hotline, ], or shelters.<ref name="Rosdahl" /> Recovery from sexual assault is a complicated and controversial concept,<ref name="Recovering from sexual assault" /> but support groups, usually accessed by organizations are available to help in recovery. Professional counseling and ongoing treatment by trained health care providers are often sought by the victim.<ref name="Bud2015">{{cite book |last=Budrionis |first=Rita |title=The sexual abuse victim and sexual offender treatment planner, with DSM-5 updates |publisher=Wiley |location=Hoboken, New Jersey |year=2015 |isbn=978-1-119-07481-6}}</ref>
In ] of ], a ]i woman named ] was gang-raped by a vigilante mob after her brother was (falsely) accused of rape himself. The Pakistani government, along with local religious officials, condemned this action and sentenced the rapists to death.


Some clinicians are specially trained in the treatment of those who have experienced rape and sexual assault/abuse. Treatment can be lengthy and challenging for both the counselor and the patient. Several treatment options exist and vary by accessibility, cost, or whether or not insurance coverage exists for the treatment. Treatment also varies depending upon the expertise of the counselor—some have more experience and or have specialized in the treatment of sexual trauma and rape. To be the most effective, a treatment plan should be developed based upon the struggles of the patient and not necessarily based upon the traumatic experience. An effective treatment plan will consider the following: current stressors, coping skills, physical health, interpersonal conflicts, self-esteem, family issues, involvement of the guardian, and the presence of mental health symptoms.
In some dictatorships, such as former ]i ] ], rape is or was used as a method of retaliation against and intimidation of political enemies.
<ref name="Bud2015" />


The degree of success for emotional and psychiatric treatments is often dependent upon the terminology used in the treatment, i.e. redefining the event and experience. Labels used like ''rape victim'' and ''rape survivor'' to describe the new identities of women who have been raped suggest that the event is the dominant and controlling influence on her life. These may affect supportive personnel. The consequences of using these labels need to be assessed.<ref name="HockettSaucier2015" /> Positive outcomes of emotional and psychiatric treatment for rape exist; these can be an improved self-concept, the recognition of growth, and implementing new coping styles.<ref name="HockettSaucier2015" />
==Reporting==
===Underreporting===
According to the 1999 ] ] only 39% of rapes and sexual assaults were reported to law enforcement officials. For male rape, less than 10% are believed to be reported.


A perpetrator found guilty by the court is often required to receive treatment. There are many options for treatment, some more successful than others.<ref>{{cite book |last=Saleh |first=Fabian |title=Sex offenders identification, risk assessment, treatment, and legal issues |publisher=Oxford University Press |location=Oxford New York |year=2009 |isbn=978-0-19-517704-6}}</ref> The psychological factors that motivated the convicted perpetrator are complex but treatment can still be effective. A counselor will typically evaluate disorders that are currently present in the offender. Investigating the developmental background of the offender can help explain the origins of the abusive behavior that occurred in the first place. Emotional and psychological treatment has the purpose of identifying predictors of recidivism, or the potential that the offender will commit rape again. In some instances, neurological abnormalities have been identified in the perpetrators, and in some cases they have themselves experienced past trauma. Adolescents and other children can be the perpetrators of rape, although this is uncommon. In this instance, appropriate counseling and evaluation are usually conducted.<ref name="Kelly2011">{{cite book |last=Kelly |first=Gary |title=Sexuality today |publisher=McGraw-Hill |location=New York, NY |year=2011 |isbn=978-0-07-353199-1}}</ref>
The most common reasons given by victims for not reporting rapes are the belief that it is a private or personal matter and that they fear reprisal from the assailant. "... found that many women do not characterize their sexual victimizations as a crime for a number of reasons (such as embarrassment, not clearly understanding the legal definition of rape, or not wanting to define someone they know who victimized them as a rapist) or because they blame themselves for their sexual assault."


Short-term treatment with a ] may help with anxiety (although caution is recommended with the use of these medications as people can become addicted and develop withdrawal symptoms after regular use) and antidepressants may be helpful for symptoms of ], depression and panic attacks.<ref name="Varcarolis" />
Rape-related advocacy groups have suggested several tactics to increase reporting of sexual assaults, most aimed at lessening the psychological trauma often suffered by rape victims following their assault. Many police departments now assign female police officers to deal with rape cases. Advocacy groups also argue for preservation of the victim's privacy during the legal process; it is standard practice among mainstream American news media outlets to not divulge the names of alleged rape victims in news reports.


== Prevention ==
===Overreporting and false reporting===
{{Main|Initiatives to prevent sexual violence}}
A 1997 article in the ] deals with the debate surrounding false reporting, and notes that wildly different figures, from 2% to 85% of all rape reports, are widely presented. "...One explanation for such a wide range in the statistics might simply be that they come from different studies of different populations...But there's also a strong political tilt to the debate. A low number would undercut a belief about rape as old as the story of Joseph and ]'s wife: that some women, out of shame or vengeance ... 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."
As sexual violence affects all parts of society, the response to sexual violence is comprehensive. The responses can be categorized as individual approaches, healthcare responses, community-based efforts, and actions to prevent other forms of sexual violence.<ref name="Chapter 6"/>


Sexual assault may be prevented by secondary school,<ref>{{cite journal |last1=Smothers |first1=M.K. |year=2011 |title=A Sexual Assault Primary Prevention Model with Diverse Urban Youth |journal=Journal of Child Sexual Abuse |volume=20 |issue=6 |pages=708–727 |last2=Smothers |first2=D. Brian |s2cid=20570694 |pmid=22126112 |doi=10.1080/10538712.2011.622355}}</ref> college,<ref name="Foubert">{{cite journal |author=Foubert J.D. |year=2000 |title=The Longitudinal Effects of a Rape-prevention Program on Fraternity Men's Attitudes, Behavioral Intent, and Behavior |journal=Journal of American College Health |volume=48 |issue=4 |pages=158–63 |doi=10.1080/07448480009595691 |url=https://apps.carleton.edu/campus/gsc/assets/1_4_Longitudinal_Effects.pdf |pmid=10650733 |s2cid=38521575}}</ref><ref>{{cite journal |author=Vladutiu C.J. |year=2011 |title=College- or university-based sexual assault prevention programs: a review of program outcomes, characteristics, and recommendations |journal=Trauma, Violence, and Abuse |volume=12 |issue=2 |pages=67–86 |pmid=21196436 |doi=10.1177/1524838010390708 |s2cid=32144826 |display-authors=etal}}</ref> and workplace education programs.<ref>{{cite journal |pmid=10520434 |volume=19 |issue=7 |title=Sexual assault prevention programs: current issues, future directions, and the potential efficacy of interventions with women |date=November 1999 |vauthors=Yeater EA, O'Donohue W |journal=Clin Psychol Rev |pages=739–71 |doi=10.1016/S0272-7358(98)00075-0 |citeseerx=10.1.1.404.3130}}</ref> At least one program for ] men produced "sustained behavioral change."<ref name="Foubert" /><ref>{{cite journal |author=Garrity S.E. |year=2011 |title=Sexual assault prevention programs for college-aged men: A critical evaluation |journal=Journal of Forensic Nursing |volume=7 |issue=1 |pages=40–8 |pmid=21348933 |doi=10.1111/j.1939-3938.2010.01094.x |s2cid=39471249}}</ref> With regard to ], nearly two thirds of students reported knowing victims of rape, and in one study over half reported knowing perpetrators of sexual assault; one in ten reported knowing a victim of rape; and nearly one in four reported knowing a victim of alcohol-facilitated rape.<ref>{{cite journal |vauthors=Sorenson SB, Joshi M, Sivitz E |title=Knowing a sexual assault victim or perpetrator: A stratified random sample of undergraduates at one university |journal=Journal of Interpersonal Violence |date=2014 |volume=29 |issue=3 |pages=394–416|doi=10.1177/0886260513505206 |pmid=24128425 |s2cid=8130347 }}</ref>
In ], Dr. ] of ] investigated the incidences in one small metropolitan community of false rape allegations made to the police between ] and ]. 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. In Dr. Kanin's research, the complainants who made false allegations did so (by their own statements during recantation) for three major reasons: providing an alibi, a means of gaining revenge, and/or a platform for seeking attention/sympathy. Dr. Kanin's small study is widely reported and quoted.


== Statistics ==
Michelle J. Anderson of ] School of Law, in her work "The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault", states: "As a scientific matter, the frequency of false rape complaints to police or other legal authorities remains unknown."
{{Main|Rape statistics}}
{{See also|Estimates of sexual violence}}


International Crime on Statistics and Justice by the ] (UNODC) find that worldwide, most victims of rape are women and most perpetrators male.<ref name=":1">{{Cite web |url=https://www.unodc.org/documents/data-and-analysis/Crime-statistics/International_Statistics_on_Crime_and_Justice.pdf |title=International Statistics on Crime and Justice |website=www.unodc.org |publisher=United Nations Office on Drugs and Crimes |last1=Harrendorf |last2=Haskenan |last3=Malby |first1=Stefan |first2=Marku |first3=Steven}}</ref> Rapes against women are rarely reported to the police and the number of female rape victims is significantly underestimated.<ref name=":1" /> Southern Africa, Oceania, and North America report the highest numbers of rape.<ref name=":1" />
In the 1996 FBI UCR, it is stated that 8% of reports of forcible rape were determined to be unfounded upon investigation.


Most rape is committed by someone the victim knows.<ref name="Finley 2018">{{cite book |last=Finley |first=Laura |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of Rape and Sexual Violence, Volume 1 |date=2018 |publisher=ABC-CLIO |isbn=978-1-44-084489-8 |page=1 |chapter-url=https://books.google.com/books?id=7SJWDwAAQBAJ&q=%22acquaintance+rape%22 |chapter=Acquaintance rape }}</ref> By contrast, rape committed by strangers is relatively uncommon. Statistics reported by the ] (RAINN) indicate that 7 out of 10 cases of sexual assault involved a perpetrator known to the victim.<ref name="Smith 2018">{{cite book |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of Rape and Sexual Violence, Volume 2 |date=2018 |publisher=ABC-CLIO |isbn=978-1-44-084489-8 |page=430 |chapter-url=https://books.google.com/books?id=7SJWDwAAQBAJ&q=%22stranger+rape%22 |chapter=Stranger rape }}</ref>
=== Victim blaming ===
"]" is holding the victim of a crime to be in whole or in part responsible for what has happened to them. In the context of rape, this concept refers to popular attitudes that certain victim behaviours (such as flirting or wearing sexually provocative clothing) may encourage rape. In extreme cases victims are said to have "asked for it" simply by not behaving demurely. In most Western countries the defence of ] is not accepted in mitigation of rape.


]
It has been proposed that one cause of victim blaming is the ]. People who believe the world has to be fair, may find it hard or impossible to accept a situation in which a person is hurt unfairly and badly for no cause or reason. So this leads to a sense that somehow, the victim must have surely done 'something' to deserve their fate.
The humanitarian news organization ] claims that an estimated "500,000 rapes are committed annually in South Africa<ref>{{cite news |title=SOUTH AFRICA: One in four men rape |url=http://www.irinnews.org/report/84909/south-africa-one-in-four-men-rape |newspaper=] Africa |date=18 June 2009 |access-date=11 December 2011}}</ref> once called 'the world's rape capital.'<ref>" {{Webarchive|url=https://web.archive.org/web/20150705194819/http://www.washingtonpost.com/blogs/worldviews/wp/2013/03/05/south-africa-once-called-the-worlds-rape-capital-is-running-out-of-rape-kits/ |date=2015-07-05 }}". '']''. March 5, 2013.</ref> The country has some of the highest incidences of child sexual abuse in the world with more than 67,000 cases of rape and sexual assaults against children reported in 2000, with welfare groups believing that unreported incidents could be up to 10 times higher.<ref name="cure">" {{Webarchive|url=https://web.archive.org/web/20201008021044/https://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/1362134/South-African-men-rape-babies-as-cure-for-Aids.html |date=2020-10-08 }}". '']''. November 11, 2001</ref> Current data suggest that the incidence of rape has risen significantly in India.<ref name="SharmaSrivastava2015">{{cite journal |last1=Sharma |first1=Indira |last2=Srivastava |first2=Shruti |last3=Bhatia |first3=MS |last4=Chaudhuri |first4=Uday |last5=Parial |first5=Sonia |last6=Sharma |first6=Avdesh |last7=Kataria |first7=Dinesh |last8=Bohra |first8=Neena |title=Violence against women |journal=Indian Journal of Psychiatry |volume=57 |issue=6 |pages=S333–8 |year=2015 |issn=0019-5545 |doi=10.4103/0019-5545.161500|pmid=26330651 |pmc=4539878 |doi-access=free }}</ref>


Most rape research and reports of rape are limited to male–female forms of rape. Research ] is rare. Fewer than one in ten male–male rapes are reported. As a group, males who have been raped by either gender often get little services and support, and legal systems are often ill-equipped to deal with this type of crime. Instances in which the perpetrator is female may not be clear and can lead to dismissing women as sexual aggressors, which can obscure the dimensions of the problem. Research also suggests that men with sexually aggressive peers have a higher chance of reporting coercive or forced sexual intercourse outside gang circles than men without such sexually aggressive peers.<ref>{{cite journal |vauthors=Gwartney-Gibbs PA, Stockard J, Bohmer S |title=Learning courtship aggression: the influence of parents, peers and personal experiences- |journal=] |year=1983 |volume=35 |issue=3 |pages=276–282 |doi=10.2307/583540 |jstor=583540|url=https://scholarsbank.uoregon.edu/xmlui/handle/1794/28125 }}</ref>
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.


Risk factors vary among different ethnicities in the ]. About one third of ] adolescent females report encountering some form of sexual assault including rape.<ref>{{cite book |last=Zitelli |first=Basil |title=Zitelli and Davis' atlas of pediatric physical diagnosis |publisher=Saunders/Elsevier |location=Philadelphia, PA |year=2012 |isbn=978-0-323-07932-7}}</ref> One in three ] women will experience sexual assault, more than twice the national average for American women.<ref name="Williams2012">{{cite news |author=Timothy Williams |title=For Native American Women, Scourge of Rape, Rare Justice |date=2012-05-22 |newspaper=New York Times}}</ref>
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.


== Prosecution ==
In terms of responsibility, a more mainstream view is that everybody has the theoretical right to feel safe at all times, but that prevention and minimising the risk of being in a dangerous situation are largely up to the individual. The question of a victim on this basis would never be whether or not they 'deserved' to be raped, because nobody "deserves" to be the victim of crime.


=== Reporting ===
Under cases of alleged date rape the situation is different. Because the question at hand is frequently whether or not the incident was consensual, whether the alleged victim encouraged the accused or gave implied consent becomes the critical consideration. As such, arguments about the accuser's conduct are an accepted element of an affirmative defense.
In 2005, sexual violence, and rape in particular, was considered the most under-reported violent crime in Great Britain.<ref name="Kelly2005">{{cite book |last=Kelly |first=Liz |title=A gap or a chasm? : Attrition in reported rape cases |publisher=Home Office Research, Development and Statistics Directorate |location=London |year=2005 |isbn=978-1-84473-555-6}}</ref> The number of reported rapes in Great Britain is lower than both incidence and prevalence rates.<ref>{{cite web |url=http://broken-rainbow.org.uk/research/Dv%20crime%20survey.pdf |title=Domestic violence, sexual assault and stalking: Findings from the British Crime Survey |access-date=2010-12-31 |url-status=dead |archive-url=https://web.archive.org/web/20110812213652/http://broken-rainbow.org.uk/research/Dv%20crime%20survey.pdf |archive-date=August 12, 2011}}</ref> Victims who do not act in an expected or stereotypical way may not be believed, as happened in the case of a ] who withdrew her report after facing police skepticism.{{sfnp|Smith|2018|pp=438–440}} Her rapist went on to assault several more women before being identified.<ref name="Miller & Armstrong 2015">{{cite news |last1=Miller |first1=T. Christian |last2=Armstrong |first2=Ken |title=An Unbelievable Story of Rape |url=https://www.propublica.org/article/false-rape-accusations-an-unbelievable-story |work=ProPublica |publisher=The Marshall Project |date=16 December 2015}}</ref>


The legal requirements for reporting rape vary by jurisdiction—each US state may have different requirements.{{citation needed|date=December 2015}} New Zealand has less stringent limits.<ref>
In the United States, the crime of rape is unique in that it is the only crime in which there are statutory protections designed in favor of the victim (known as ] laws). These were enacted in response to the common defense tactic of "putting the victim on trial". Typical rape shield laws prohibit cross-examination of the victim with respect to issues such as her prior sexual history or the manner in which she was dressed at the time of the rape.
{{cite web |title=Reporting Rape, Western Cape Government, New Zealand |date=2015 |url=https://www.westerncape.gov.za/service/reporting-rape |access-date=2015-12-08}}
</ref>


In Italy, a 2006 National Statistic Institute survey on sexual violence against women found that 91.6% of women who suffered this did not report it to the police.<ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=26309&baseHREF=country&baseHREFId=675 |title=The Secretary General's database on violence against women |publisher=UN Secretary General's Database on Violence Against Women |date=2009-07-24 |access-date=2013-02-03 |archive-url=https://web.archive.org/web/20140201182537/http://sgdatabase.unwomen.org/searchDetail.action?measureId=26309&baseHREF=country&baseHREFId=675 |archive-date=2014-02-01}}</ref>
==Sexual fantasy==
Many people assume that people aroused by ] must be more likely than others to commit the actual act, or that victims with rape fantasies actually want to become victims of sexual assault. This does not correspond with observed scientific evidence, however; while rapists usually fantasize about rape, so do normal psychologically healthy people.


In Japan, in 2018, ] reported that over 95% of incidents of sexual violence in Japan are not reported to police.<ref>{{cite web | url=https://www.hrw.org/news/2018/07/29/japans-not-so-secret-shame | title=Japan's Not-So-Secret Shame &#124; Human Rights Watch | date=29 July 2018 }}</ref> In 2023, Japan adopted a new sex crime law that brought about several changes. It replaced "forcible sexual intercourse" with "non-consensual sexual intercourse" and further outlines eight scenarios considered rape, emphasizing one's ability to give ] within those situations. The new law also establishes ], ], and asking for sexual images of children under the age of 16 as crimes.<ref>{{cite web | url=https://greennetwork.asia/news/new-bills-redefine-rape-and-raise-japans-age-of-consent/#:~:text=The%20new%20sex%20crime%20law,give%20consent%20within%20those%20situations | title=New Bills Redefine Rape and Raise Japan's Age of Consent Green Network Asia | date=5 July 2023 }}</ref><ref>{{cite web | url=https://www.france24.com/en/tv-shows/access-asia/20230616-japan-new-legislation-redefines-rape-raises-age-of-consent | title=Access Asia – Japan: New legislation redefines rape, raises age of consent | date=16 June 2023 }}</ref>
In fact, an inability to use sexual fantasies for gratification is often regarded by law enforcement and other professionals as a more alarming warning sign than the presence of sexual fantasies of rape or sadism. Millions of normal people fantasize about rape, or ''being'' raped without wanting it to happen in reality.


=== Conviction ===
==Sociobiological analysis of rape==
:''Main article: ]


In the United Kingdom, in 1970, there was a 33% rate of conviction, while by 1985 there was a 24% conviction rate for rape trials in the UK; by 2004, the conviction rate reached 5%.<ref>{{cite news |url=https://www.theguardian.com/uk/2005/jul/31/ukcrime.immigrationpolicy |title=50,000 rapes each year but only 600 rapists sent to jail |author=Miranda Sawyer |publisher=The Guardian.}}</ref> At that time the government report has expressed documented the year-on-year increase in attrition of reported rape cases, and pledged to address this "justice gap".<ref name="Kelly2005" /> According to Amnesty International Ireland had the lowest rate of conviction for rape, (1%) among 21 European states, in 2003.<ref>{{cite web |url=http://www.amnesty.ie/news/damning-indictment-ireland%E2%80%99s-attitude-women |title=A damning indictment of Ireland's attitude to women &#124; Amnesty International |publisher=Amnesty INternational |access-date=2013-02-03 |url-status=dead |archive-url=https://web.archive.org/web/20130308122902/http://amnesty.ie/news/damning-indictment-ireland%E2%80%99s-attitude-women |archive-date=2013-03-08 }}</ref> In America as of 2012, there exists a noticeable discrepancy in conviction rates among women of various ethnic identities; an arrest was made in just 13% of the sexual assaults reported by American Indian women, compared with 35% for black women and 32% for whites.<ref name="Williams2012"/>
Some animals appear to show behavior which resembles rape in humans, in particular combining sexual intercourse with violent assault, such as observed in ]s and ].


In 2024, the ] did a study on ]. They found that while ] claim to solve 97 percent of rape cases. Only 5–10 percent of rape victims report it to police, and police record less than half of reported cases while prosecutors charge about one-third of recorded cases. Also for every 1000 rapes in Japan, only 10–20 (1–2%) result in the offender being charged and convicted.<ref>{{cite journal | url=https://www.cambridge.org/core/journals/international-journal-of-asian-studies/article/is-rape-a-crime-in-japan/E5A43CF9D262C99C350C557A8419EB3B | doi=10.1017/S1479591423000554 | title=Is rape a crime in Japan? | date=2024 | last1=Johnson | first1=David T. | journal=International Journal of Asian Studies | pages=1–16 | doi-access=free }}</ref>
It is difficult to determine to what extent the idea of rape can be extended to intercourse in other animal species, as the defining attribute of rape in humans is the lack of ], which is difficult to determine in other animals.


Judicial bias due to rape myths and preconceived notions about rape is a salient issue in rape conviction, but ] may be used to curb such bias.<ref>Mallios C, Meisner T. Educating juries in sexual assault cases: Using voir dire to eliminate jury bias. Strategies: The Prosecutors' Newsletter on Violence Against Women, 2010; 2. http://www.aequitasresource.org/EducatingJuriesInSexualAssaultCasesPart1.pdf {{Webarchive|url=https://web.archive.org/web/20160421041500/http://www.aequitasresource.org/EducatingJuriesInSexualAssaultCasesPart1.pdf |date=2016-04-21 }}</ref>
However, it is clear that sometimes an animal is sexually approached by another animal and penetrated while it is clear that it does not want it, e.g. it tries to run away.


== False accusation ==
Some ] argue that our ability to understand rape and thereby prevent and treat it is severely compromised because its basis in human evolution has been ignored. They argue that rape as a reproductive strategy is encountered in many instances in the animal kingdom, including among the ] and presumably among early humans. Some studies indicate it is an attempt by the male of the species to increase his reproductive fitness when he is lacking in ability to persuade the female by non-violent means (Thornhill & Thornhill, 1983). Such sociobiological theories regarding rape as adaptive are highly controversial, and not accepted by all mainstream scientists.
{{undue|date=December 2023}}
{{worldwide|date=December 2023}}
{{Main|False accusation of rape}}
A false accusation of rape is the reporting of a rape where no rape has occurred. It is difficult to assess the true prevalence of false rape allegations, but it is generally agreed by scholars that rape accusations are false about 2% to 10% of the time.<ref>DiCanio, M. (1993). ''The encyclopedia of violence: origins, attitudes, consequences''. New York: Facts on File. {{ISBN|978-0-8160-2332-5}}.</ref><ref>{{Cite web|url=https://www.nsvrc.org/sites/default/files/publications_nsvrc_factsheet_media-packet_statistics-about-sexual-violence_0.pdf|title=Statistics about sexual violence|date=2015|website=National Sexual Violence Resource Center|access-date=January 8, 2018}}</ref><ref name=Lisak2010/> In most cases, a false accusation will not name a specific suspect.<ref>{{cite journal |last1=Weiser |first1=Dana M |title=Confronting Myths About Sexual Assault: A Feminist Analysis of the False Report Literature False Reports |journal=Family Relations |date=February 2017 |volume=66 |issue=1 |pages=46–60 |doi=10.1111/fare.12235 }}</ref>


Eight percent of 2,643 sexual assault cases were classified as false reports by the police in one study. The researchers noted that many of these classifications were based on the personal judgments and ]es of the police investigators and were made in violation of official criteria for establishing a ]. Closer analysis of this category applying the Home Office counting rules for establishing a false allegation, which requires "strong evidential grounds" of a false allegation or a "clear and credible" retraction by the complainant, reduced the percentage of false reports to 3%. The researchers concluded that "one cannot take all police designations at face value" and that "here is an over-estimation of the scale of false allegations by both police officers and prosecutors".<ref>{{cite report|url=http://www.homeoffice.gov.uk/rds/pdfs05/hors293.pdf|title=A gap or a chasm? Attrition in reported rape cases|author=Home Office Research|date=February 2005|archive-url=https://web.archive.org/web/20080308223729/http://www.homeoffice.gov.uk/rds/pdfs05/hors293.pdf|url-status=dead|archive-date=March 8, 2008}}</ref>
] and some ] have argued that victim blaming should not be totally dismissed in all cases, since some sociological models suggest it may be genetically inbuilt for a certain proportion of men and women to act in ways which would tend to raise the chances of rape occurring, and that this may be a biological feature of the species. This is a very controversial view.


Another large-scale study was conducted in Australia, with 850 rapes reported to the Victoria police between 2000 and 2003 (Heenan & Murray, 2006). Using both quantitative and qualitative methods, the researchers examined 812 cases and found 15.1% of complaints were withdrawn, 46.4% were marked "no further police action", and 2.1% of the total were "clearly" classified by police as false reports. In these cases, the alleged victim was either charged with filing a false police report, or threatened with charges, and the complaint subsequently withdrawn.<ref>{{cite web |url=http://www.ncjrs.gov/app/abstractdb/AbstractDBDetails.aspx?id=243182 |title=Abstracts Database&nbsp;— National Criminal Justice Reference Service |publisher=Ncjrs.gov |access-date=2010-12-31}}</ref>
A contrasting view is given by Lewis Thomas in his "Lives of a Cell: notes of a biology watcher", that rape is not only not an evolutionary benefit to the rapist but that it is strongly maladaptive and therefore selected against. In his recently-published book (Adapting Minds: MIT Press) David Buller tackles the whole of evolutionary psychology, asserting that theories in this field are often provably based on faulty research and heavily biased data. He further goes on to argue that if indeed rape is "programmed into the male brain" then why do most men not rape? Buller considers that rape as a biological imperative doesn't add up.


In the United Kingdom, the Crown Prosecution Service (CPS) analyzed every rape complaint made over a 17-month period and found that "the indication is that it is therefore extremely rare that a suspect deliberately makes a false allegation of rape or domestic violence purely out of malice."<ref name="huffingtonpost.co.uk">{{Cite web |url=http://www.huffingtonpost.co.uk/2013/03/13/false-rape-allegations-ra_n_2865823.html |title='Damaging Myths' About False Rape Accusations Harming Real Victims |last=UK |first=The Huffington Post |date=2013-03-13 |website=HuffPost UK|access-date=2017-09-08}}</ref><ref>"" Archived from: http://www.cps.gov.uk/publications/research/perverting_course_of_justice_march_2013.pdf</ref>
==Quotes==
The Supreme Court of California had this to say on a case involving a woman who was raped by a police officer:


FBI reports consistently put the number of "unfounded" rape accusations around 8%. The unfounded rate is higher for forcible rape than for any other Index crime. The average rate of unfounded reports for Index crimes is 2%.<ref>. FBI.gov. 1996</ref> "Unfounded" is not synonymous with a false allegation.<ref> {{Webarchive|url=https://web.archive.org/web/20110727154203/http://oregonsatf.org/resources/docs/False_Allegations.pdf |date=2011-07-27 }}. Attorney General's Sexual Assault Task Force Oregon, US January 10, 2008.</ref> Bruce Gross of the Forensic Examiner described it as meaningless, saying a report could be marked as unfounded if there is no physical evidence or the alleged victim did not sustain any physical injuries.
:"Along with other forms of sexual assault, it belongs to that class of indignities against the person that cannot ever be fully righted, and that diminishes all humanity."
:: '''' 54 Cal.3d 202,222 (1991)


Other studies have suggested that the rate of false allegations in the United States may be higher. A nine-year study by Eugene J. Kanin of ] in a small metropolitan area in the Midwestern United States claimed that 41% of rape accusations were false.<ref name=":2">{{cite news |last=Kanin |first=E.J. |title=An alarming national trend: False rape allegations |journal=Archives of Sexual Behavior |volume=23 |number=1 |year=1994}}</ref> However, ], an associate professor of psychology and director of the Men's Sexual Trauma Research Project at the ] states that "Kanin's 1994 article on false allegations is a provocative opinion piece, but it is not a scientific study of the issue of false reporting of rape". He further states that Kanin's study has a significantly poor systematic methodology and had no independent definition of a false report. Instead, Kanin classified reports that the police department classified as false also as false.<ref name="VAW2">{{Cite journal |journal=Violence Against Women |volume=16 |issue=12 |title=False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases |first1=David |last1=Lisak |first2=Lori |last2=Gardinier |last3=Nicksa |first3=Sarah C. |first4=Ashley M. |last4=Cote |year=2010 |doi=10.1177/1077801210387747 |pages=1318–1334 |pmid=21164210|s2cid=15377916 }}</ref> The criterion for falsehood was simply a denial of a polygraph test of the accuser.<ref name=":2"/> A 1998 report by the ] found that DNA evidence excluded the primary suspect in 26% of rape cases and concluded that this "strongly suggests that postarrest and postconviction DNA exonerations are tied to some strong, underlying systemic problems that generate erroneous accusations and convictions".<ref>{{cite web |url=https://www.ncjrs.gov/pdffiles/dnaevid.pdf |last1=Connors |first1=Edward |last2=Lundregan |first2=Thomas |last3=Miller |first3=Neal |last4=McEwen |first4=Tom |title=Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial |publisher=National Institute of Justice |date=June 1996 |pages=xxviii–xxix}}</ref> However, this study also noted that analyzed samples involved a specific subset of rape cases (e.g. those where "there is no consent defense").
One ] opinion included:


A 2010 study by David Lisak, Lori Gardinier and other researchers published in the journal of ] found that out of 136 cases reported in a ten-year period, 5.9% were found likely to be false.<ref name=Lisak2010>{{Cite journal |title=False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases |journal=Violence Against Women |date=2010-12-01 |issn=1077-8012 |pmid=21164210 |pages=1318–1334 |volume=16 |issue=12 |doi=10.1177/1077801210387747 |first1=David |last1=Lisak |first2=Lori |last2=Gardinier |first3=Sarah C. |last3=Nicksa |first4=Ashley M. |last4=Cote|s2cid=15377916 }}</ref> A 2018 study in the UK by ] published in the '']'' found that although police estimated 5–95% of rape claims were likely to be false, the analysis showed no more than 3–4% were possible to be evidenced as "fabricated'.<ref>{{Cite journal|last=McMillan|first=Lesley|date=2018-01-02|title=Police officers' perceptions of false allegations of rape|url=https://www.tandfonline.com/doi/full/10.1080/09589236.2016.1194260|journal=Journal of Gender Studies|language=en|volume=27|issue=1|pages=9–21|doi=10.1080/09589236.2016.1194260|s2cid=148033737|issn=0958-9236}}</ref>
:We do not discount the seriousness of rape as a crime. It is highly reprehensible, both in a moral sense and in its almost total contempt for the personal integrity and autonomy of the female victim and for the latter's privilege of choosing those with whom intimate relationships are to be established. Short of homicide, it is the "ultimate violation of self." It is also a violent crime because it normally involves force, or the threat of force or intimidation, to overcome the will and the capacity of the victim to resist. Rape is very often accompanied by physical injury to the female and can also inflict mental and psychological damage. Because it undermines the community's sense of security, there is public injury as well.
:: '''' 433 U.S. 584 at 597-598 (1977) (plur. opn. of White, J.; conc. and dis. opn. of Powell, J.).)


==Related articles== == History ==
=== Definitions and evolution of laws ===
* ]
]'', by ], 1571. According to ancient Roman legend, the rape of ] by the king's son led to the formation of the ].]]
* ]
{{Main|History of rape}}
* ]
Virtually all societies have had a concept of the crime of rape. Although what constituted this crime has varied by historical period and culture, the definitions tended to focus around an act of forced vaginal intercourse perpetrated through physical violence or imminent threat of death or severe bodily injury, by a man, on a woman, or a girl, not his wife. The ] of the crime, was, in most societies, the insertion of the penis into the vagina.<ref name="ReferenceA">{{cite book |url={{Google books |plainurl=yes |id=mdZktFIzfCgC}} |title=Development of Global Prohibition Regimes: Pillage and Rape in War – Tuba Inal |access-date=2013-06-15}}</ref><ref name="auto1">{{cite book |url={{Google books |plainurl=yes |id=X_w83yCJCOQC}} |title=The Routledge History of Sex and the Body: 1500 to the Present |date=2013-03-14 |access-date=2013-06-15}}</ref> The way sexuality was conceptualized in many societies rejected the very notion that a woman could force a man into sex—women were often seen as passive while men were deemed to be assertive and aggressive. Sexual penetration of a male by another male fell under the legal domain of ].
* ]
* ]
* ]
* There is an ongoing problem with ] which has resulted in a series of scandals which have received extensive media coverage.
** ]
**
** ]


]s existed to protect ]al daughters from rape. In these cases, a rape done to a woman was seen as an attack on the estate of her father because she was his property and a woman's virginity being taken before marriage lessened her value; if the woman was married, the rape was an attack on the husband because it violated his property.<ref name="Sanders">{{cite book |author=Teela Sanders|title=Sex Offenses and Sex Offenders|publisher=]|year=2012|page=82|access-date=28 January 2017|isbn=978-0190213633 |url=https://books.google.com/books?id=rb5LDQAAQBAJ&pg=PA82}}</ref><ref name="Yllö">{{cite book |author1=Kersti Yllö |author2=M. Gabriela Torres |title=Marital Rape: Consent, Marriage, and Social Change in Global Context |publisher=] |year=2016|page=20|access-date=28 January 2017 |isbn=978-0190238377 |url=https://books.google.com/books?id=WpNHDAAAQBAJ&pg=PA20}}</ref> The rapist was either subject to payment or severe punishment.<ref name="Yllö"/><ref name="Tomm">{{cite book|author=Winnie Tomm|title=Bodied Mindfulness: Women's Spirits, Bodies and Places|publisher=]|year=2010|page=140|isbn=978-1554588022 |url=https://books.google.com/books?id=_dnfAgAAQBAJ&pg=PT140 |access-date=28 January 2017}}</ref><ref name="Tetlow">{{cite book |author=Elisabeth Meier Tetlow |title=Women, Crime and Punishment in Ancient Law and Society: Volume 1: The Ancient Near East |publisher=] |year=2010 |page=131|isbn=978-0826416285 |url=https://books.google.com/books?id=ONkJ_Rj1SS8C&pg=PA131 |access-date=30 January 2017}}</ref> The father could rape or keep the rapist's wife or make the rapist marry his daughter.<ref name="Sanders"/><ref name="Tetlow"/> A man could not be charged with raping his wife since she was his property. Thus, marital rape was allowed.<ref name="Yllö"/><ref name="Carline">{{cite book |first1=Anna|last1=Carline|first2=Patricia|last2=Easteal |title=Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society|publisher=]|year=2014|page=209|isbn=978-1317815242 |url=https://books.google.com/books?id=NqeQBAAAQBAJ&pg=PA209 |access-date=30 January 2017}}</ref> Author Winnie Tomm stated, "By contrast, rape of a single woman without strong ties to a father or husband caused no great concern."<ref name="Tomm"/> An incident could be excluded from the definition of rape due to the relation between the parties, such as marriage, or due to the background of the victim. In many cultures forced sex on a prostitute, slave, war enemy, member of a ], etc., was not rape.<ref>{{cite web |title=Case Closed: Rape and Human Rights in Nordic countries |publisher=] |date=8 March 2010 |url=http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf |archive-date=2013-10-20 |archive-url=https://web.archive.org/web/20131020202147/http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf}}</ref>
==Books and publications==
===Academic and reference books===
* Smith, M. D. (2004). Encyclopedia of Rape. USA: Greenwood Press.
* Macdonals, John (1993). World Book Encyclopedia. United States of America: World Book Inc.
* Kahn, Ada. (1992). The A- Z of women's sexuality : a concise encyclopedia. Alameda, Calif.: Hunter House.
* Kanin, Eugene J. (1994). False Rape Allegations. Archives of Sexual Behavior.
* Gowaty, P.A. and N. Buschhaus. (1997). Functions of aggressive and forced copulations in birds: female resistance and the CODE hypothesis. American Zoologist (in press).
* Thornhill, Randy and Palmer, Craig T. <i>A Natural History of Rape: Biological Bases of Sexual Coercion</i>. MIT Press, 2001.


From the classical antiquity of ] and ] into the ], rape along with arson, ] and murder was a ]. "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."<ref>"The Medieval Blood Sanction and the Divine Beneficene of Pain: 1100–1450", Trisha Olson, ''Journal of Law and Religion'', 22 JLREL 63 (2006)</ref> Despite the harshness of these laws, actual punishments were usually far less severe: in late Medieval Europe, cases concerning rapes of marriageable women, wives, widows, or members of the lower class were rarely brought forward, and usually ended with only a small monetary fine or a marriage between the victim and the rapist.<ref name="Eckman">{{cite journal |last=Eckman |first=Zoe |url=http://medievalists.net/files/11020201.pdf |title=An Oppressive Silence: The Evolution of the Raped Woman in Medieval France and England |journal=Historian: Journal of the Undergraduate History Department at New York University |volume=50 |year=2009 |pages=68–77}}</ref>
===Other===

* Gavin de Becker - The Gift of Fear ISBN 0440226198, (recognising and handling dangerous people and situations)
In ancient Greece and Rome, both male-on-female and male-on-male concepts of rape existed. Roman laws allowed three distinct charges for the crime: ''stuprum'', unsanctioned sexual intercourse (which, in the early times, also included adultery); ''vis'', a physical assault for purpose of lust; and ''iniuria'', a general charge denoting any type of assault upon a person. The aforementioned ''Lex Iulia'' specifically criminalized ''per vim stuprum'', unsanctioned sexual intercourse by force. The former two were public criminal charges which could be brought whenever the victim was a woman or a child of either gender, but only if the victim was a freeborn Roman citizen ('']''), and carried a potential sentence of death or exile. ''Iniuria'' was a civil charge that demanded monetary compensation, and had a wider application (for example, it could have been brought in case of sexual assault on a slave by a person other than their owner.) ] Caesar enacted reforms for the crime of rape under the assault statute ''Lex Iulia de vi publica'', which bears his family name, ''Iulia''. It was under this statute rather than the adultery statute of ''Lex Iulia de adulteriis'' that Rome prosecuted this crime.<ref>James Fitzjames Stephen, ''A History of the Criminal Law of England'', p. 17 </ref> Rape was made into a "public wrong" (''iniuria publica'') by the Roman Emperor ].<ref>George Mousourakis, ''The Historical and Institutional Context of Roman Law'' p. 30 </ref><ref>Brundage, James A., "Rape and Seduction in Medieval Canon Law", in ''Sexual Practices and the Medieval Church'', edited by Vern L. Bullough and James Brundage, Buffalo, 1982, p.141</ref>
* Doe, Jane - The Real Story of Jane Doe. Toronto: Random House, 2003.

* Ghiglieri, Michael P. (1999). The Dark Side of Man: Tracing the Origins of Violence. USA: Perseus Books.
In contrast to the modern understanding of the subject, Romans drew clear distinctions between "active" (penetrative) and "passive" (receptive) partners, and all these charges implied penetration by the assailant (which necessarily ruled out the possibility of female-on-male or female-on-female rape.) It is not clear which (if any) of these charges applied to assaults upon an adult male, though such an assault upon a citizen was definitely seen as a grave insult (within Roman culture, an adult male citizen could not possibly consent to the receptive role in sexual intercourse without a severe loss of status.) The law known as ] covered at least some forms of male-on-male ''stuprum'', and ] mentions a fine of 10,000 sesterces – about 10 years' worth of a Roman legionnaire's pay – as a normal penalty for ''stuprum'' upon an ''ingenuus''. However, its text is lost and its exact provisions are no longer known.<ref>{{cite web |url=http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1084&context=mjgl |title=Roman Rape: An Overview of Roman Rape Laws from the Republican Period to Justinian's Reign |author=Nghiem L. Nguyen |year=2006}}</ref>

Emperor ] continued the use of the statute to prosecute rape during the sixth century in the ].<ref>] {{Webarchive|url=https://web.archive.org/web/20180612143943/http://www.constitution.org/sps/sps02_j1-4.htm |date=2018-06-12 }}</ref> By ], the general term ''raptus'' had referred to abduction, ], robbery, or rape in its modern meaning. Confusion over the term led ecclesiastical 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.<ref>], {{Webarchive|url=https://web.archive.org/web/20070212062150/http://www.ccel.org/ccel/schaff/npnf208.ix.cclxxi.html |date=2007-02-12 }} circa 374 AD</ref>

In the United States, a husband could not be charged with raping his wife until 1979.<ref>{{Cite magazine |url=https://time.com/3975175/spousal-rape-case-history/ |title=When Spousal Rape First Became a Crime in the U.S. |last=Rothman |first=Lily |magazine=Time|access-date=2017-09-08}}</ref> In the 1950s, in some states in the US, a white woman having consensual sex with a black man was considered rape.<ref>{{cite news |title=The Challenge of Defining Rape |date=11 October 2014 |last=Urbina |first=Ian |newspaper=The New York Times |url=https://www.nytimes.com/2014/10/12/sunday-review/being-clear-about-rape.html|access-date= 5 December 2015}}</ref> Prior to the 1930s, rape was considered a ] that was always committed by men and always done to women. From 1935 to 1965, a shift from labeling rapists as criminals to believing them to be mentally ill "sexual ]" began making its way into popular opinion. Men caught for committing rape were no longer sentenced to prison but admitted to mental health hospitals where they would be given medication for their illness.<ref name=Maschke1997>Maschke, Karen J. ''The Legal Response to Violence against Women''. New York: Garland Pub., 1997. {{ISBN|9780815325192}}</ref> Because only men deemed insane were the ones considered to have committed rape, no one considered the everyday person to be capable of such violence.<ref name=Maschke1997/>

Transitions in women's roles in society were also shifting, causing alarm and blame towards rape victims. Because women were becoming more involved in the public (i.e. searching for jobs rather than being a housewife), some people claimed that these women were "loose" and looking for trouble. Giving up the ]s of mother and wife was seen as defiant against traditional values while immersing themselves within society created the excuse that women would "not entitled to protection under the traditional guidelines for male-female relationships".<ref name=Maschke1997/>

Until the 19th century, many jurisdictions required ] for the act to constitute the offense of rape.<ref name="ReferenceA"/><ref name="auto1"/> Acts other than vaginal intercourse did not constitute rape in ] countries and in many other societies. In many cultures, such acts were illegal, even if they were consensual and performed between married couples (see ]). In England, for example, the ], which remained in force until 1828, provided for the death penalty for "]". Many countries criminalized "non-traditional" forms of sexual activity well into the modern era: notably, in the US state of ], sodomy between consensual partners was punishable by a term of five years to life in prison as late as 2003, and this law was only ruled to be inapplicable to married couples in 1995.<ref>{{cite web |url=http://www.glapn.org/sodomylaws/sensibilities/idaho.htm |last=Painter |first=George |title=The History of Sodomy Laws in the United States – Idaho |website=Gay & Lesbian Archives of the Pacific Northwest |access-date=2015-12-11}}</ref> Today, in many countries, the definition of the actus reus has been extended to all forms of penetration of the vagina and anus (e.g. penetration with objects, fingers or other body parts) as well as insertion of the penis in the mouth.

In the United States, before and during the ] when ] was widespread, the law focused primarily on rape as it pertained to black men raping white women. The penalty for such a crime in many jurisdictions was death or castration. The rape of a black woman, by any man, was considered legal.<ref name=Maschke1997 /> As early as the 19th century, American women were criticized if they "stray out of a position...fought off attacker... behaved in too self reliant a manner..." in which case "the term rape no longer applied".<ref>Hamilton Arnold, Marybeth. "Chapter 3 Life of a Citizen in the Hands of a Woman." ''Passion and Power: Sexuality in History''. Ed. Kathy Lee. Peiss, Christina Simmons, and Robert A. Padgug. Philadelphia: Temple UP, 1989. {{ISBN|978-0877225966}}</ref>

In 1998, Judge ] of the ] said: "From time immemorial, rape has been regarded as ]. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war."<ref name="paulwalters" />

In ''Aydin v Turkey'', the ] (ECHR) ruled for the first time that rape amounts to torture, thus violating article 3 of the ]. It stated, "Rape of a detainee by an official of the State must be considered to be an especially grave and abhorrent form of ill-treatment given the ease with which the offender can exploit the vulnerability and weakened resistance of his victim."<ref>ECHR 25 September 1997, no. 57/1996/676/866, paragraph 83, .</ref>

In ''M.C. v Bulgaria'', the Court found that the use of violence on the part of the perpetrator is not a necessary condition for a sexual act to be qualified as rape. It stated, "Indeed, rapists often employ subtle coercion or bullying when this is sufficient to overcome their victims. In most cases of rape against children, violence is not necessary to obtain submission. Courts are also recognizing that some women become frozen with fear at the onset of a sexual attack and thus cannot resist."<ref>ECHR 4 december 2003, no. 39272/98, paragraph 146, .</ref>

===War rape===
{{undue|date=December 2023}}
{{See also|Wartime sexual violence|}}
] troops during the ] of 1876]]
Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible.<ref name="Women in the Old Testament" /> When ]'s ] tribes fought and raided nearby tribes, women were often raped and brought back to the '']'' to be adopted into the captor's community.<ref>R. Brian Ferguson (1995). ''Yanomami Warfare: A Political History''. Santa Fe: School for American Research Press.</ref>

The ], who established the ] across much of ], caused ] during ].<ref>{{Cite web|url=http://www.uwgb.edu/dutchs/WestTech/xmongol.htm|archiveurl=https://web.archive.org/web/20091211192523/http://www.uwgb.edu/dutchs/WestTech/xmongol.htm|url-status=dead|title="Rise of Mongol Power"|archivedate=December 11, 2009}}</ref>

Historian ] said that the earliest incident of mass rape attributed to Mongols took place after ] sent an army of 25,000 soldiers to North China, where they defeated an army of 100,000. The Mongols were said to have raped the surviving soldiers at the command of their leader. Ogodei Khan was also said to have ordered mass rapes of the ].<ref>{{cite book |last1=Weatherford |first1=Jack |title=The Secret History of the Mongol Queens |date=March 1, 2011 |publisher=Broadway Books |isbn=978-0307407160 |page=90 |url=https://books.google.com/books?id=FZ4xHb9bCZAC&pg=PA90}}</ref> According to ], a monk who survived the ], the Mongol warriors "found pleasure" in humiliating local women.<ref>{{cite book |author1=Richard Bessel |author1-link = Richard Bessel |author2=Dirk Schumann |title=Life after death: approaches to a cultural and social history of Europe during the 1940s and 1950s |url={{Google books |plainurl=yes |id=NilW70Yol74C |page=143}} |access-date=1 October 2011|year=2003|publisher=Cambridge University Press|isbn=978-0-521-00922-5|pages=143–}}</ref>

The ] of as many as 80,000 women by the Japanese soldiers during the six weeks of the ] is an example of such atrocities.<ref>. CNN. December 13, 1997</ref> During ], an estimated 200,000 Korean and Chinese women were forced into prostitution in ] military brothels as so-called "]".<ref>. chosun.com. March 19, 2007</ref> French Moroccan troops, known as ]s, committed rapes and other war crimes after the ]. ''(See ].)''<ref>{{cite web |url=http://listserv.acsu.buffalo.edu/cgi-bin/wa?A2=ind9705&L=twatch-l&D=1&O=D&F=P&P=1025 |title=Italian women win cash for wartime rapes |publisher=Listserv.acsu.buffalo.edu |access-date=2010-12-31 |url-status=dead |archive-url=https://web.archive.org/web/20130715172056/http://listserv.acsu.buffalo.edu/cgi-bin/wa?A2=ind9705&L=twatch-l&D=1&O=D&F=P&P=1025 |archive-date=2013-07-15 }}</ref> French women in Normandy reported ].<ref>{{cite magazine |author=Mathieu von Rohr |title='Bandits in Uniform': The Dark Side of GIs in Liberated France |date=May 29, 2013 |magazine=] |url=http://www.spiegel.de/international/europe/new-book-reveals-dark-side-of-american-soldiers-in-liberated-france-a-902266.html |access-date=2013-05-31}}</ref>

Rapes were committed by ] forces on Jewish women and girls during the ] in September 1939;<ref>{{Cite book|title=55 Dni Wehrmachtu w Polsce" Szymon Datner Warsaw 1967 page 67 "Zanotowano szereg faktów gwałcenia kobiet i dziewcząt żydowskich" (Numerous rapes were committed against Jewish women and girls)}}</ref> they were also committed against Polish, Ukrainian, Belarusian and Russian women, and girls during mass executions which were primarily carried out by the ] units, with the assistance of Wehrmacht soldiers who were stationed in territory that was under the administration of the German military; the rapes were committed against female captives before they were shot.<ref>{{Cite web |title=war crimes |url=http://www.kki.net.pl/~museum/rozdz3%2C2.htm|archive-url=https://web.archive.org/web/20071029144245/http://www.kki.net.pl/~museum/rozdz3%2C2.htm|archive-date=2007-10-29|url-status=dead}}</ref> Only one case of rape was prosecuted by a German court during the military campaign in Poland, and even then the German judge found the perpetrator guilty of '']'' (committing a shameful act against his race as defined by the ]) rather than rape.<ref name="auto">{{Cite book|title=Numer: 17/18/2007 Wprost "Seksualne Niewolnice III Rzeszy"}}</ref> Jewish women were particularly vulnerable to rape during ].<ref>{{Cite web|title=holocaust studies |url=http://vallentinemitchell.metapress.com/content/122369 |archive-date=2013-12-02|archive-url=https://archive.today/20131202112303/http://vallentinemitchell.metapress.com/content/122369|url-status=dead}}</ref>

Rapes were also committed by German forces stationed on the ], where they were largely unpunished (as opposed to rapes committed in Western Europe).<ref>{{Cite book|title=Jews, Germans, and Allies|last=Grossmann |first=Atina|date=2007-12-31 |publisher=Princeton University Press|isbn=9781400832743 |location=Princeton|pages=290 |doi=10.1515/9781400832743}}</ref><ref>{{Cite web|url=http://www.gegenwind.info/175/sonderheft_wehrmacht.pdf|title=Zur Debatte um die Ausstellung Vernichtungskrieg. Verbrechen der Wehrmacht 1941-1944 im Kieler Landeshaus 1999}}</ref> The Wehrmacht also established a system of military brothels, in which young women and girls from occupied territories were forced into prostitution under harsh conditions.<ref name="auto"/> In the ], women were kidnapped by German forces for prostitution as well; one report by the ] writes "in the city of ] the German Command opened a brothel for officers in one of the hotels into which hundreds of women and girls were driven; they were mercilessly dragged down the street by their arms and hair."<ref>{{Cite book|title=The Nazi Law of the Third German Law|last=Guz|first=Tadeusz|date=2016 |publisher=Towarzystwo Naukowe Katolickiego Uniwersytetu Lubelskiego Jana Pawła II|isbn=9788373067523|pages=72 |doi=10.18290/2016entguz|doi-broken-date=1 November 2024 }}</ref>

Rapes happened in territories occupied by the ]. A female Soviet war correspondent described what she had witnessed: "The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists."<ref name="They raped every German female from eight to 80" /> According to German historian ], as many as 190,000 women were raped by ].<ref>{{cite news |title=Were Americans As Bad as the Soviets? |url=http://www.spiegel.de/international/germany/book-claims-us-soldiers-raped-190-000-german-women-post-wwii-a-1021298.html |work=Der Spiegel |date=2 March 2015}}</ref>

According to researcher and author ], some 38,000 civilians were killed during the ]: about 13,000 from military action and 25,000 from starvation, disease and other causes. Included in the latter figure are about 15,000 Jews, largely victims of executions by Hungarian ] militia. When the Soviets finally claimed victory, they initiated an orgy of violence, including the wholesale theft of anything they could lay their hands on, random executions and mass rape. An estimated 50,000 women and girls were raped,<ref name="Ungvary 512">{{cite book |last=Ungvary |first=Krisztian |author2=Ladislaus Lob |author3=John Lukacs |title=The siege of Budapest: One Hundred Days in World War II |publisher=Yale University Press |date=April 11, 2005 |page=512 |isbn=978-0-300-10468-4 |url=https://books.google.com/books?id=cLY1z-XLd_IC&q=AFTER+THE+BATTLE+40+-+BUDAPEST+1944&pg=PR5}}</ref>{{rp|348–350}}<ref>{{cite journal |first=Mark |last=James |title=Remembering Rape: Divided Social Memory and the Red Army in Hungary 1944–1945 |journal=] |url=http://muse.jhu.edu/journals/past_and_present/v188/188.1mark.html |doi=10.1093/pastj/gti020 |issue=August 2005 |pages=133–161 |issn=1477-464X |date=2005-10-20 |s2cid=162539651 |url-access=subscription }}</ref><ref group=note name="rape group=note">"The worst suffering of the Hungarian population is due to the rape of women. Rapes—affecting all age groups from ten to seventy are so common that very few women in Hungary have been spared." Swiss embassy report cited in Ungváry 2005, p.350. (Krisztian Ungvary ''The Siege of Budapest'' 2005)</ref> although estimates vary from 5,000 to 200,000.<ref>{{cite book |last=Bessel |first=Richard |author2=Dirk Schumann |title=Life after Death: Approaches to a Cultural and Social History of Europe |publisher=Cambridge University Press |date=May 5, 2003 |page=376 |isbn=978-0-521-00922-5 |url=https://books.google.com/books?id=NilW70Yol74C}}</ref>{{rp|129}} Hungarian girls were kidnapped and taken to Red Army quarters, where they were imprisoned, repeatedly raped and sometimes murdered.<ref name="Naimark">{{cite book |first=Norman M. |last=Naimark |title=The Russians in Germany: A History of the Soviet Zone of Occupation, 1945–1949 |publisher=Cambridge: Belknap |year=1995 |isbn=978-0-674-78405-5}}</ref>{{rp|70–71}}

== See also ==
{{Columns-list|colwidth=18em|
* '']''
* '']''
* ]
* ]
* ]
* ]
* ] (the morning after pill)
* ]
* ]
* ] (traumatic rape in Greek Mythology)
* ]
* ]
* ]
* ]
* ] (also known as the Sex Crimes Unit)
* ]
}}

== Explanatory notes ==
{{Reflist|group=note}}

== References ==

{{Reflist|30em|refs=

<!--not used
<ref name="LaFave">''Rape&nbsp;— Overview; Act and Mental State'', Wayne R. LaFave Professor of Law, University of Illinois, "Substantive Criminal Law" 752-756 (3d ed. 2000)</ref>-->

<ref name="paulwalters">] is quoted by Professor Paul Walters in his presentation of her honorary ], ], April 2005 (doc file)</ref>

<ref name="They raped every German female from eight to 80">{{Cite news |url=https://www.theguardian.com/g2/story/0,3604,707835,00.html |title=They raped every German female from eight to 80 |work=The Guardian |access-date=2008-01-01 |last=Beevor |first=Antony |location=London |date=2002-05-01}}</ref>

<!--<ref name="Ancient origins: Sexual violence in warfare, Part I">{{Cite journal |title=Ancient origins: Sexual violence in warfare, Part I |first=Elisabeth |last=Vikman |doi=10.1080/13648470500049826 |pmid=28135871 |journal=Anthropology & Medicine |volume=12 |issue=1 |date=April 2005 |pages=21–31|s2cid=30831085 }}</ref> -->

<!--unused<ref name="Denov">{{cite book |author=Myriam S. Denov |title=Perspectives on female sex offending: a culture of denial |url={{Google books |plainurl=yes |id=Pze8UEwpMVsC}} |access-date=1 October 2011|year=2004|publisher=Ashgate Publishing, Ltd.|isbn=978-0-7546-3565-9}}</ref>-->

<ref name="Recovering from sexual assault">{{cite web |url=http://www.rainn.org/get-information/sexual-assault-recovery |title=Recovering from Sexual Assault |publisher=Rainn.org |access-date=2010-12-31}}</ref>

<!-- not used
<ref name="Sexual assault: key issues">{{Cite journal |author=Cybulska B |title=Sexual assault: key issues |journal=J R Soc Med |volume=100 |issue=7 |pages=321–4 |year=2007 |pmid=17606752 |pmc=1905867 |doi=10.1258/jrsm.100.7.321}}</ref>-->

<ref name="Women in the Old Testament">{{Cite book |last=Nowell |first=Irene |title=Women in the Old Testament |url={{Google books |plainurl=yes |id=xQlzkEefX5MC}} |publisher=Liturgical Press |isbn=978-0-8146-2411-1 |page=69 |year=1997}}</ref>

<!--unused<ref name="abc.net.au">{{cite web |title=Male rape victims left to suffer in silence |url=http://www.abc.net.au/worldtoday/stories/s244535.htm |date=February 9, 2001 |access-date=2007-05-30 |publisher=abc.net.au}}</ref>-->

<!--unused<ref name="malesrapingfemales">{{cite web |year=1998 |url=http://www.vaonline.org/vls6.html |title=Female Sex Offenders |publisher=Breaking the Silence |access-date=2007-03-11 |url-status=dead |archive-url=https://web.archive.org/web/20070510022204/http://www.vaonline.org/vls6.html |archive-date=2007-05-10 }}</ref>-->

}}

== Further reading ==
{{Refbegin|30em}}
* {{Cite book |last=Bergen |first=Raquel Kennedy |title=Wife rape: understanding the response of survivors and service providers |publisher=Sage Publications |location=Thousand Oaks |year=1996 |isbn=978-0-8039-7240-7 |url-access=registration |url=https://archive.org/details/wiferapeundersta0000berg }}
* {{Cite book |last=Denov |first=Myriam S. |title=Perspectives on female sex offending: a culture of denial |publisher=Ashgate |location=Aldershot, Hants, England |year=2004 |isbn=978-0-7546-3565-9}}
* {{Cite book |last=Freedman |first=Estelle B. |title=Redefining rape: sexual violence in the era of suffrage and segregation |publisher=Harvard University Press |location=Cambridge, MA |year=2013 |isbn=978-0-6747-2484-6}}
* {{Cite book |last=Groth |first=Nicholas A. |title=Men Who Rape: The Psychology of the Offender |publisher=Plenum Press |year=1979 |location=New York, NY |isbn=978-0-7382-0624-0 |page=227}}
* {{Cite journal |last1=Jozkowski |first1=Kristen N. |last2=Canan |first2=Sasha N. |last3=Rhoads |first3=Kelley |last4=Hunt |first4=Mary |title=Methodological considerations for content analysis of sexual consent communication in mainstream films |journal=] |volume=2 |issue=4 |pages=237462381667918 |doi=10.1177/2374623816679184 |date=October–December 2016 |doi-access=free }}
* {{Cite book |last1=King |first1=Michael B. |last2=Mezey |first2=Gillian C. |title=Male victims of sexual assault |journal=Medicine, Science, and the Law |publisher=Oxford University Press |location=Oxford |year=2000 |volume=27 |issue=2 |pages=122–4 |doi=10.1177/002580248702700211 |pmid=3586937 |isbn=978-0-19-262932-6|s2cid=5555193 }}
* {{Cite book |last=Lee |first=Ellis |title=Theories of Rape: Inquiries Into the Causes of Rape |publisher=Taylor & Francis |year=1989 |isbn=978-0-89116-172-1 |page=185}}
* {{Cite journal |last1=McKibbin |first1=William F. |last2=Shackelford |first2=Todd K. |last3=Goetz |first3=Aaron T. |last4=Starratt |first4=Valerie G. |title=Why do men rape? An evolutionary psychological perspective |journal=] |volume=12 |issue=1 |pages=86–97 |doi=10.1037/1089-2680.12.1.86 |date=March 2008 |s2cid=804014 }} {{Webarchive|url=https://web.archive.org/web/20080625204134/http://www.toddkshackelford.com/downloads/McKibbin-et-al-RGP-2008.pdf |date=2008-06-25 }}
* Gabriella Nilsson, Lena Karlsson, Monika Edgren, Ulrika Andersson, eds. Rape Narratives in Motion. Germany, Springer International Publishing, 2019.
* {{Cite book |last1=Odem |first1=Mary E. |last2=Clay-Warner |first2=Jody |title=Confronting Rape and Sexual Assault |publisher=Rowman & Littlefield |location=Lanham, Maryland |year=1998 |isbn=978-0-842-02599-7 |url-access=registration |url=https://archive.org/details/confrontingrapes00odem }}
* {{Cite book |last1=Palmer |first1=Craig |last2=Thornhill |first2=Randy |title=A natural history of rape biological bases of sexual coercion |publisher=MIT Press |location=Cambridge, Mass |year=2000 |isbn=978-0-585-08200-4}}
* {{Cite book |last1=Pierce |first1=Karen F. |last2=Deacy |first2=Susan | author-link2 = Susan Deacy |last3=Arafat |first3=K.W. |title=Rape in antiquity |year=2002 |publisher=The Classical Press of Wales in association with Duckworth |location=London |isbn=978-0-7156-3147-8}}
* {{Cite book |last1=Rice |first1=Marnie E. |last2=Lalumiere |first2=Martin L. |last3=Quinsey |first3=Vernon L. |title=The causes of rape: understanding individual differences in male propensity for sexual aggression (the law and public policy.) |publisher=American Psychological Association (APA) |year=2005 |isbn=978-1-59147-186-8}}
* {{Cite book |last=Shapcott |first=David |title=The Face of the Rapist |publisher=Penguin Books |year=1988 |location=Auckland, NZ |isbn=978-0-14-009335-3 |page=234}}
{{Refend}}


== External links == == External links ==
{{Wikiquote|Rape}}
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{{Commons category}}
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{{Wikinews}}
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* , Vox, Nov 30, 2017
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{{Medical resources
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| ICD10 ={{ICD10|T|74|2}}, {{ICD10|Y05}}
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| ICD9 = {{ICD9|E960.1}}
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| ICDO =
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| OMIM =
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| MedlinePlus = 001955
* - excerpt from an April 1975 ] Journal article
| eMedicineSubj =
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| eMedicineTopic =
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| eMedicine_mult = {{eMedicine2|article|806120}}
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| MeshID = D011902
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{{Sex}}
{{Human sexuality}}
{{Sexual ethics}}
{{Violence against women/end}}
{{Abuse}}
{{Religious persecution}}
{{Types of crime}}
{{Authority control}}


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Latest revision as of 12:03, 6 January 2025

Type of sexual assault usually involving sexual intercourse without consent

This article is about a form of human sexual assault. For rape among non-human animals, see Sexual coercion among animals. For other uses, see Rape (disambiguation).
The Rape of Tamar by Eustache Le Sueur, c. 1640
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Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent (statutory rape). The term rape is sometimes casually inaccurately used interchangeably with the term sexual assault.

The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. Worldwide, reported instances of sexual violence, including rape, are primarily committed by males against females. Rape by strangers is usually less common than rape by people the victim knows, and male-on-male prison rapes are common and may be the least reported forms of rape.

Widespread and systematic rape (e.g., war rape) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be traumatized and develop post-traumatic stress disorder. Serious injuries can result along with the risk of pregnancy and sexually transmitted infections. A person may face violence or threats from the rapist, and, sometimes, from the victim's family and relatives.

Etymology

The term rape originates from the Latin rapere (supine stem raptum), "to snatch, to grab, to carry off". In Roman law, the carrying off of a woman by force, with or without intercourse, constituted "raptus". In Medieval English law the same term could refer to either kidnapping or rape in the modern sense of "sexual violation". The original meaning of "carry off by force" is still found in some phrases, such as "rape and pillage", or in titles, such as the stories of the Rape of the Sabine Women and The Rape of Europa or the poem The Rape of the Lock, which is about the theft of a lock of hair.

Definitions

General

Main articles: Types of rape and Laws regarding rape See also: Rape by gender

Rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, committed by a perpetrator against a victim without their consent. The definition of rape is inconsistent between governmental health organizations, law enforcement, health providers, and legal professions. It has varied historically and culturally. Originally, rape had no sexual connotation and is still used in other contexts in English. In Roman law, it or raptus was classified as a form of crimen vis, "crime of assault". Raptus referred to the abduction of a woman against the will of the man under whose authority she lived, and sexual intercourse was not a necessary element. Other definitions of rape have changed over time. The International Criminal Tribunal for the former Yugoslavia considered rape as a crime that required coercion or force or threat of force against the victim or a third person.

Until 2012, the Federal Bureau of Investigation (FBI) considered rape a crime solely committed by men against women. In 2012, they changed their definition from "The carnal knowledge of a female forcibly and against her will" to "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." The updated definition still excluded from the definition of rape men forced to penetrate women, which is generally recognized as the academic definition of rape. However, it recognized any gender of victim and perpetrator and that rape with an object can be as traumatic as penile/vaginal rape. The bureau further describes instances when the victim is unable to give consent because of mental or physical incapacity. It recognizes that a victim can be incapacitated by drugs and alcohol and unable to give valid consent. The definition does not change federal or state criminal codes or impact charging and prosecution on the federal, state, or local level; it rather means that rape will be more accurately reported nationwide.

Health organizations and agencies have also expanded rape beyond traditional definitions. The World Health Organization (WHO) defines rape as a form of sexual assault, while the Centers for Disease Control and Prevention (CDC) includes rape in their definition of sexual assault; they term rape a form of sexual violence. The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including drug-facilitated sexual assault, acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where the victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon). The Veterans Health Administration (VHA) has implemented universal screening for what has been termed "military sexual trauma" (MST) and provides medical and mental health services free of charge to enrolled veterans who report MST (Title 38 United States Code 1720D; Public Law 108–422).

Some countries or jurisdictions differentiate between rape and sexual assault by defining rape as involving penile penetration of the vagina, or solely penetration involving the penis, while other types of non-consensual sexual activity are called sexual assault. Scotland, for example, emphasizes penile penetration, requiring that the sexual assault must have been committed by use of a penis to qualify as rape. The 1998 International Criminal Tribunal for Rwanda defines rape as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive". In other cases, the term rape has been phased out of legal use in favor of terms such as sexual assault or criminal sexual conduct.

Some countries criminalize non-consensual condom removal ("stealthing"), where one partner removes (or intentionally damages) their condom during sex without telling the other partner; the rationale is that consent was given to protected sex and not to unprotected sex, making the subsequent act non-consensual and therefore illicit; for such cases, United Kingdom, Switzerland, New Zealand have enacted rape convictions, while Australia, Canada, Germany saw convictions for sexual assault; California considers it sexual battery.

Scope

In Zambia, 43% of girls and women between the ages of 15 and 49 have experienced some form of sexual violence.

Victims of rape or sexual assault come from a wide range of genders, ages, sexual orientations, ethnicities, geographical locations, cultures, and degrees of impairment or disability. Incidences of rape are classified into a number of categories, and they may describe the relationship of the perpetrator to the victim and the context of the sexual assault. These include date rape, gang rape, marital rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape. Forced sexual activity can be committed over a long period of time with little to no physical injury.

Consent

See also: Bodily integrity, Consent, Sexual consent, and Freedom of choice

Lack of consent is key to the definition of rape. Consent is affirmative "informed approval, indicating a freely given agreement" to sexual activity. It is not necessarily expressed verbally, and may instead be overtly implied from actions, but the absence of objection does not constitute consent. Lack of consent may result from either forcible compulsion by the perpetrator or an inability to consent on the part of the victim (such as people who are asleep, intoxicated or otherwise mentally compromised). Sexual intercourse with a person below the age of consent, i.e., the age at which legal competence is established, is referred to as statutory rape. In India, consensual sex given on the false promise of marriage constitutes rape.

Duress is the situation when the person is threatened by force or violence and may result in the absence of an objection to sexual activity. This can lead to the presumption of consent. Duress may be actual or threatened force or violence against the victim or someone close to the victim. Even blackmail may constitute duress. Abuse of power may constitute duress. For instance, in the Philippines, a man commits rape if he engages in sexual intercourse with a woman "By means of fraudulent machination or grave abuse of authority". The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape that did not use the word 'consent': "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."

Marital rape, or spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. It is a form of partner rape, domestic violence, and sexual abuse. Once widely accepted or ignored by law, marital rape is now denounced by international conventions and is increasingly criminalized. Still, in many countries, marital rape either remains legal or is illegal but widely tolerated and accepted as a husband's prerogative. In 2006, the UN Secretary-General's In-depth study on all forms of violence against women stated that (pg 113): "Marital rape may be prosecuted in at least 104 states. Of these, 32 have made marital rape a specific criminal offense, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offense in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecuted." Since 2006, several other states have outlawed marital rape (for example Thailand in 2007).

In the US, the criminalization of marital rape started in the mid-1970s, and in 1993 North Carolina became the last state to make marital rape illegal. In many countries, it is not clear if marital rape may or may not be prosecuted under ordinary rape laws. In the absence of a marital rape law, it may be possible to bring prosecution for acts of forced sexual intercourse inside marriage by prosecuting, through the use of other criminal offenses (such as assault based offenses), the acts of violence or criminal threat that were used to obtain submission.

Consent may be complicated by law, language, context, culture and sexual orientation. Studies have shown that men consistently perceive women's actions as more sexual than they intend. In addition, verbalized "no" to sex may be interpreted as "keep trying", or even "yes" by offenders. Some may believe that when injuries are not visible, the woman must have consented. If a man solicits sex from another man, the pursuer may be regarded as virile.

Motives

Further information: Causes of sexual violence

The WHO states that the principal factors that lead to the perpetration of sexual violence against women, including rape, are:

  • beliefs in family honor and sexual purity;
  • attitudes of male sexual entitlement;
  • weak legal sanctions for sexual violence.

No single facet explains the motivation for rape; the underlying motives of rapists can be multi-faceted. Several factors have been proposed: anger, power, sadism, sexual gratification, or evolutionary proclivities. However, some factors have significant causal evidence supporting them. American clinical psychologist David Lisak, co-author of a 2002 study of undetected rapists, says that compared with non-rapists, both undetected and convicted rapists are measurably more angry at women and more motivated by a desire to dominate and control them, are more impulsive, disinhibited, anti-social, hypermasculine, and less empathic.

Sexual aggression is often considered a masculine identity characteristic of manhood in some male groups and is significantly correlated to the desire to be held higher in esteem among male peers. Sexually aggressive behavior among young men has been correlated with gang or group membership as well as having other delinquent peers.

Gang rape is often perceived by male perpetrators as a justified method of discouraging or punishing what they consider as immoral behavior among women – for example, wearing short skirts or visiting bars. In some areas in Papua New Guinea, women can be punished by public gang rape, usually through permission by elders.

Gang rape and mass rape are often used as a means of male bonding. This is particularly evident among soldiers, as gang rape accounts for about three quarters or more of war rape, while gang rape accounts for less than a quarter of rapes during peacetime. Commanders sometimes push recruits to rape, as committing rape can be taboo and illegal and so builds loyalty among those involved. Rebel groups who have forced recruitment as opposed to volunteer recruits are more involved in rape, as it is believed the recruits start with less loyalty to the group. In Papua New Guinea, urban gangs such as Raskol gangs often require new members to rape women as part of their initiation.

Perpetrators of sex trafficking and cybersex trafficking allow or carry out rape for financial gain and/or sexual gratification. Rape pornography, including child pornography, is created for profit and other reasons. There have been instances of child sexual abuse and child rape videos on Pornhub.

Effects

One metric used by the WHO to determine the severity of global rates of coercive, forced sexual activity was the question "Have you ever been forced to have sexual intercourse against your will?" Asking this question produced higher positive response rates than being asked, whether they had ever been abused or raped.

The WHO report describes the consequences of sexual abuse:

Emotional and psychological

Frequently, victims may not recognize what happened to them was rape. Some may remain in denial for years afterwards. Confusion over whether or not their experience constitutes rape is typical, especially for victims of psychologically coerced rape. Women may not identify their victimization as rape for many reasons such as feelings of shame, embarrassment, non-uniform legal definitions, reluctance to define the friend/partner as a rapist, or because they have internalized victim-blaming attitudes. The public often perceives these behaviors as 'counterintuitive' and, therefore, as evidence of a dishonest woman.

Victims may react in ways they did not anticipate. After the rape, they may be uncomfortable/frustrated with and not understand their reactions. Most victims respond by 'freezing up' or becoming compliant and cooperative during the rape. These are common survival responses of all mammals. This can cause confusion for others and the person assaulted. An assumption is that someone being raped would call for help or struggle. A struggle would result in torn clothes or injuries.

Dissociation can occur during the assault. Memories may be fragmented especially immediately afterwards. They may consolidate with time and sleep. A man or boy who is raped may be stimulated and even ejaculate during the experience of the rape. A woman or girl may orgasm during a sexual assault. This may become a source of shame and confusion for those assaulted along with those who were around them.

Trauma symptoms may not show until years after the sexual assault occurred. Immediately following a rape, the survivor may react outwardly in a wide range of ways, from expressive to closed down; common emotions include distress, anxiety, shame, revulsion, helplessness, and guilt. Denial is not uncommon.

In the weeks following the rape, the survivor may develop symptoms of post-traumatic stress syndrome and may develop a wide array of psychosomatic complaints. PTSD symptoms include re-experiencing of the rape, avoiding things associated with the rape, numbness, and increased anxiety and startle response. The likelihood of sustained severe symptoms is higher if the rapist confined or restrained the person, if the person being raped believed the rapist would kill them, the person who was raped was very young or very old, and if the rapist was someone they knew. The likelihood of sustained severe symptoms is also higher if people around the survivor ignore (or are ignorant of) the rape or blame the rape survivor.

Most people recover from rape in three to four months, but many have persistent PTSD that may manifest in anxiety, depression, substance abuse, irritability, anger, flashbacks, or nightmares. In addition, rape survivors may have long-term generalised anxiety disorder, may develop one or more specific phobias, major depressive disorder, and may experience difficulties with resuming their social life and with sexual functioning. People who have been raped are at higher risk of suicide.

Men experience similar psychological effects of being raped, but they are less likely to seek counseling.

Another effect of rape and sexual assault is the stress created in those who study rape or counsel the survivors. This is called vicarious traumatization.

Physical

The presence or absence of physical injury may be used to determine whether a rape has occurred. Those who have experienced sexual assault yet have no physical trauma may be less inclined to report to the authorities or to seek health care.

While penetrative rape generally does not involve the use of a condom, in some cases a condom is used. The use of a condom significantly reduces the likelihood of pregnancy and disease transmission, both to the victim and the rapist. Rationales for condom use include: avoiding contracting infections or diseases (particularly HIV), especially in cases of rape of sex workers or in gang rape (to avoid contracting infections or diseases from fellow rapists); eliminating evidence, making prosecution more difficult (and giving a sense of invulnerability); giving the appearance of consent (in cases of acquaintance rape); and thrill from planning and the use of the condom as an added prop. Concern for the victim is generally not considered a factor.

Sexually transmitted infections

See also: Virgin cleansing myth and Prison rape in the United States § Sexually transmitted infections

Those who have been raped have relatively more reproductive tract infections than those who have not been raped. HIV can be transmitted through rape. Acquiring AIDS through rape puts people at increased risk for psychological problems. Acquiring HIV through rape may lead to behaviors that create a risk of injecting drugs. Acquiring sexually transmitted infections increases the risk of acquiring HIV. The belief that having sex with a virgin can cure HIV/AIDS exists in parts of Africa. This leads to the rape of girls and women. The claim that the myth drives either HIV infection or child sexual abuse in South Africa is disputed by researchers Rachel Jewkes and Helen Epstein.

Victim blaming, secondary victimization and other mistreatment

Main articles: Victim blaming and Post-assault treatment of sexual assault victims
An example of the idealized female resistance: In this Roman depiction of a fight between a Nymph and a Satyr (Naples National Archaeological Museum), the Nymph is shown vigorously resisting the Satyr's sexual advances, punching him on the mouth – lack of which might be construed as implying consent.

Society's treatment of victims has the potential to exacerbate their trauma. People who have been raped or sexually assaulted are sometimes blamed and considered responsible for the crime. This refers to the just world fallacy and rape myth acceptance that certain victim behaviors (such as being intoxicated, flirting or wearing sexually provocative clothing) may encourage rape. In many cases, victims are said to have "asked for it" because of not resisting their assault or violating female gender expectations. 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. Women who have been raped are sometimes deemed to have behaved improperly. Usually, these are cultures where there is a significant social divide between the freedoms and status afforded to men and women.

"Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed."

Commentators state: "individuals may endorse rape myths and at the same time recognize the negative effects of rape." A number of gender role stereotypes can play a role in rationalization of rape. These include the idea that power is reserved to men whereas women are meant for sex and objectified, that women want forced sex and to be pushed around, and that male sexual impulses and behaviors are uncontrollable and must be satisfied.

For females, victim-blaming correlates with fear. Many rape victims blame themselves. Female jurors might look at the woman on the witness stand and believe she had done something to entice the defendant. In Chinese culture, victim-blaming is often associated with the crime of rape, as women are expected to resist rape using physical force. Thus, if rape occurs, it is considered to be at least partly the woman's fault, and her virtue is called into question.

Honor killings and forced marriages

In many cultures, those who are raped have a high risk of suffering additional violence or threats of violence after the rape. This can be perpetrated by the rapist, friends, or relatives of the rapist. The intent can be to prevent the victim from reporting the rape. Other reasons for threats against those assaulted is to punish them for reporting it, or of forcing them to withdraw the complaint. The relatives of the person who has been raped may wish to prevent "bringing shame" to the family and may also threaten them. This is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in honor killings.

Treatment

In the US, victims' rights include the right to have a victims advocate preside over every step of the medical/legal exam to ensure sensitivity towards victims, provide emotional support, and minimize the risk of re-traumatization. Victims are to be informed of this immediately by law enforcement or medical service providers. Emergency rooms of many hospitals employ sexual assault nurse/forensic examiners (SAN/FEs) with specific training to care for those who have experienced a rape or sexual assault. They are able to conduct a focused medical-legal exam. If such a trained clinician is not available, the emergency department has a sexual assault protocol that has been established for treatment and the collection of evidence. Staff are also trained to explain the examinations in detail, the documentation and the rights associated with the requirement for informed consent. Emphasis is placed on performing the examinations at a pace that is appropriate for the person, their family, their age, and their level of understanding. Privacy is recommended to prevent self-harm.

Non-genital injuries

Physical assessment

Many rapes do not result in serious physical injury. The first medical response to sexual assault is a complete assessment. This general assessment will prioritize the treatment of injuries by the emergency room staff. Medical personnel involved are trained to assess and treat those assaulted or follow protocols established to ensure privacy and best treatment practices. Informed consent is always required prior to treatment unless the person who was assaulted is unconscious, intoxicated or does not have the mental capacity to give consent. Priorities governing the physical exam are the treatment of serious life-threatening emergencies and then a general and complete assessment. Some physical injuries are readily apparent such as bites, broken teeth, swelling, bruising, lacerations and scratches. In more violent cases, the victim may need to have gunshot wounds or stab wounds treated. The loss of consciousness is relevant to the medical history. If abrasions are found, immunization against tetanus is offered if 5 years have elapsed since the last immunization.

Diagnostic testing

After the general assessment and treatment of serious injuries, further evaluation may include the use of additional diagnostic testing such as x-rays, CT or MRI image studies and blood work. The presence of infection is determined by sampling of body fluids from the mouth, throat, vagina, perineum, and anus.

Forensic sampling

Main article: Rape investigation

Victims have the right to refuse any evidence collection. Victims advocates ensure the victims' wishes are respected by hospital staff. After the physical injuries are addressed and treatment has begun, then forensic examination proceeds along with the gathering of evidence that can be used to identify and document the injuries. Such evidence-gathering is only done with the complete consent of the patient or the caregivers of the patient. Photographs of the injuries may be requested by staff. At this point in the treatment, if a victims' advocate had not been requested earlier, experienced social support staff are made available to the patient and family.

If the patient or the caregivers (typically parents) agree, the medical team utilizes standardized sampling and testing usually referred to as a forensic evidence kit or "rape kit". The patient is informed that submitting to the use of the rape kit does not obligate them to file criminal charges against the perpetrator. The patient is discouraged from bathing or showering to obtain samples from their hair. Evidence gathered within the past 72 hours is more likely to be valid. The sooner that samples are obtained after the assault, the more likely that evidence is present in the sample and provides valid results. Once the injuries of the patient have been treated and she or he is stabilized, the sample gathering will begin. Staff will encourage the presence of a rape/sexual assault counselor to provide an advocate and reassurance.

During the medical exam, evidence of bodily secretions is assessed. Dried semen that is on clothing and skin can be detected with a fluorescent lamp. Notes will be attached to those items on which semen has been found. These specimens are marked, placed in a paper bag, and are marked for later analysis for the presence of seminal vesicle-specific antigen.

Though technically, medical staff are not part of the legal system, only trained medical personnel can obtain evidence that is admissible during a trial. The procedures have been standardized. Evidence is collected, signed, and locked in a secure place to guarantee that legal evidence procedures are maintained. This carefully monitored procedure of evidence collection and preservation is known as the chain of evidence. Maintaining the chain of evidence from the medical examination, testing, and tissue sampling from its origin of collection to court allows the results of the sampling to be admitted as evidence. Photography is often used for documentation.

After the examination

Some physical effects of the rape are not immediately apparent. Follow up examinations also assess the patient for tension headaches, fatigue, sleep pattern disturbances, gastrointestinal irritability, chronic pelvic pain, menstrual pain or irregularity, pelvic inflammatory disease, sexual dysfunction, premenstrual distress, fibromyalgia, vaginal discharge, vaginal itching, burning during urination, and generalized vaginal pain.

The World Health Organization recommends offering prompt access to emergency contraceptive medications which can significantly reduce risk of an undesired pregnancy if used within 5 days of rape; it is estimated that about 5% of male-on-female rapes result in pregnancy. When rape results in pregnancy, abortion pills can be safely and effectively used to end a pregnancy up to 10 weeks from the last menstrual period.

Genital injuries

An internal pelvic exam is not recommended for sexually immature or prepubescent girls due to the probability that internal injuries do not exist in this age group. However, an internal exam may be recommended if significant bloody discharge is observed. A complete pelvic exam for rape (anal or vaginal) is conducted. An oral exam is done if there have been injuries to the mouth, teeth, gums, or pharynx. Though the patient may have no complaints about genital pain signs of trauma can still be assessed. Before the complete bodily and genital exam, the patient is asked to undress, standing on a white sheet that collects any debris that may be in the clothing. The clothing and sheet are properly bagged and labeled along with other samples that can be removed from the body or clothing of the patient. Samples of fibers, mud, hair, or leaves are gathered if present. Samples of fluids are collected to determine the presence of the perpetrator's saliva and semen that may be present in the patient's mouth, vagina or rectum. Sometimes the victim has scratched the perpetrator in defense and fingernail scrapings can be collected.

Injuries to the genital areas can include swelling, lacerations, and bruising. Common genital injuries are anal injury, labial abrasions, hymenal bruising, and tears of the posterior fourchette and fossa. Bruises, tears, abrasions, inflammation and lacerations may be visible. If a foreign object was used during the assault, x-ray visualization will identify retained fragments. Genital injuries are more prevalent in post-menopausal women and prepubescent girls. Internal injuries to the cervix and vagina can be visualized using colposcopy. Using colposcopy has increased the detection of internal trauma from six percent to fifty-three percent. Genital injuries to children who have been raped or sexually assaulted differ in that the abuse may be on-going or may have happened in the past after the injuries heal. Scarring is one sign of the sexual abuse of children.

Several studies have explored the association between skin color and genital injury among rape victims. Many studies found a difference in rape-related injury based on race, with more injuries being reported for white females and males than for black females and males. This may be because the dark skin color of some victims obscures bruising. Examiners paying attention to victims with darker skin, especially the thighs, labia majora, posterior fourchette, and fossa navicularis, can help remedy this.

Infections

The presence of a sexually contracted infection can not be confirmed after rape because it cannot be detected until 72 hours afterwards.

The person who was raped may already have a sexually transmitted infection and if diagnosed, it is treated. Prophylactic antibiotic treatment for vaginitis, gonorrhea, trichomoniasis and chlamydia may be performed. Chlamydial and gonococcal infections in women are of particular concern due to the possibility of ascending infection. Immunization against hepatitis B is often considered. After prophylactic treatment is initiated, further testing is done to determine what other treatments may be necessary for other infections transmitted during the assault. These are:

Treatment may include the administration of zidovudine/lamivudine, tenofovir/emtricitabine, or ritonavir/lopinavir. Information regarding other treatment options is available from the CDC.

The transmission of HIV is frequently a major concern of the patient. Prophylactic treatment for HIV is not necessarily administered. Routine treatment for HIV after rape or sexual assault is controversial due to the low risk of infection after one sexual assault. Transmission of HIV after one exposure to penetrative anal sex is estimated to be 0.5 to 3.2 percent. Transmission of HIV after one exposure to penetrative vaginal intercourse is 0.05 to 0.15 percent. HIV can also be contracted through the oral route but this is considered rare. Other recommendations are that the patient be treated prophylactically for HIV if the perpetrator is found to be infected.

Testing at the time of the initial exam does not typically have forensic value if patients are sexually active and have an STI since it could have been acquired before the assault. Rape shield laws protect the person who was raped and who has positive test results. These laws prevent having such evidence used against someone who was raped. Someone who was raped may be concerned that a prior infection may suggest sexual promiscuity. There may, however, be situations in which testing has a legal purpose, as in cases where the threat of transmission or actual transmission of an STI was part of the crime. In nonsexually active patients, an initial, baseline negative test that is followed by a subsequent STI could be used as evidence, if the perpetrator also had an STI.

Treatment failure is possible due to the emergence of antibiotic-resistant strains of pathogens.

Emotional and psychiatric

Psychiatric and emotional consequences can be apparent immediately after the rape and it may be necessary to treat these very early in the evaluation and treatment. Other treatable emotional and psychiatric disorders may not become evident until some time after the rape. These can be eating disorders, anxiety, fear, intrusive thoughts, fear of crowds, avoidance, anger, depression, humiliation, post-traumatic stress disorder (PTSD) hyperarousal, sexual disorders (including fear of engaging in sexual activity), mood disorders, suicidal ideation, borderline personality disorder, nightmares, fear of situations that remind the patient of the rape and fear of being alone, agitation, numbness and emotional distance. Victims are able to receive help by using a telephone hotline, counseling, or shelters. Recovery from sexual assault is a complicated and controversial concept, but support groups, usually accessed by organizations are available to help in recovery. Professional counseling and ongoing treatment by trained health care providers are often sought by the victim.

Some clinicians are specially trained in the treatment of those who have experienced rape and sexual assault/abuse. Treatment can be lengthy and challenging for both the counselor and the patient. Several treatment options exist and vary by accessibility, cost, or whether or not insurance coverage exists for the treatment. Treatment also varies depending upon the expertise of the counselor—some have more experience and or have specialized in the treatment of sexual trauma and rape. To be the most effective, a treatment plan should be developed based upon the struggles of the patient and not necessarily based upon the traumatic experience. An effective treatment plan will consider the following: current stressors, coping skills, physical health, interpersonal conflicts, self-esteem, family issues, involvement of the guardian, and the presence of mental health symptoms.

The degree of success for emotional and psychiatric treatments is often dependent upon the terminology used in the treatment, i.e. redefining the event and experience. Labels used like rape victim and rape survivor to describe the new identities of women who have been raped suggest that the event is the dominant and controlling influence on her life. These may affect supportive personnel. The consequences of using these labels need to be assessed. Positive outcomes of emotional and psychiatric treatment for rape exist; these can be an improved self-concept, the recognition of growth, and implementing new coping styles.

A perpetrator found guilty by the court is often required to receive treatment. There are many options for treatment, some more successful than others. The psychological factors that motivated the convicted perpetrator are complex but treatment can still be effective. A counselor will typically evaluate disorders that are currently present in the offender. Investigating the developmental background of the offender can help explain the origins of the abusive behavior that occurred in the first place. Emotional and psychological treatment has the purpose of identifying predictors of recidivism, or the potential that the offender will commit rape again. In some instances, neurological abnormalities have been identified in the perpetrators, and in some cases they have themselves experienced past trauma. Adolescents and other children can be the perpetrators of rape, although this is uncommon. In this instance, appropriate counseling and evaluation are usually conducted.

Short-term treatment with a benzodiazepine may help with anxiety (although caution is recommended with the use of these medications as people can become addicted and develop withdrawal symptoms after regular use) and antidepressants may be helpful for symptoms of post traumatic stress disorder, depression and panic attacks.

Prevention

Main article: Initiatives to prevent sexual violence

As sexual violence affects all parts of society, the response to sexual violence is comprehensive. The responses can be categorized as individual approaches, healthcare responses, community-based efforts, and actions to prevent other forms of sexual violence.

Sexual assault may be prevented by secondary school, college, and workplace education programs. At least one program for fraternity men produced "sustained behavioral change." With regard to campus sexual assault, nearly two thirds of students reported knowing victims of rape, and in one study over half reported knowing perpetrators of sexual assault; one in ten reported knowing a victim of rape; and nearly one in four reported knowing a victim of alcohol-facilitated rape.

Statistics

Main article: Rape statistics See also: Estimates of sexual violence

International Crime on Statistics and Justice by the United Nations Office on Drugs and Crime (UNODC) find that worldwide, most victims of rape are women and most perpetrators male. Rapes against women are rarely reported to the police and the number of female rape victims is significantly underestimated. Southern Africa, Oceania, and North America report the highest numbers of rape.

Most rape is committed by someone the victim knows. By contrast, rape committed by strangers is relatively uncommon. Statistics reported by the Rape, Abuse & Incest National Network (RAINN) indicate that 7 out of 10 cases of sexual assault involved a perpetrator known to the victim.

UNODC: Reported rape per 100,000 population (2011)

The humanitarian news organization IRIN claims that an estimated "500,000 rapes are committed annually in South Africa once called 'the world's rape capital.' The country has some of the highest incidences of child sexual abuse in the world with more than 67,000 cases of rape and sexual assaults against children reported in 2000, with welfare groups believing that unreported incidents could be up to 10 times higher. Current data suggest that the incidence of rape has risen significantly in India.

Most rape research and reports of rape are limited to male–female forms of rape. Research on male-on-male and female-on-male rape is rare. Fewer than one in ten male–male rapes are reported. As a group, males who have been raped by either gender often get little services and support, and legal systems are often ill-equipped to deal with this type of crime. Instances in which the perpetrator is female may not be clear and can lead to dismissing women as sexual aggressors, which can obscure the dimensions of the problem. Research also suggests that men with sexually aggressive peers have a higher chance of reporting coercive or forced sexual intercourse outside gang circles than men without such sexually aggressive peers.

Risk factors vary among different ethnicities in the United States. About one third of African American adolescent females report encountering some form of sexual assault including rape. One in three Native American women will experience sexual assault, more than twice the national average for American women.

Prosecution

Reporting

In 2005, sexual violence, and rape in particular, was considered the most under-reported violent crime in Great Britain. The number of reported rapes in Great Britain is lower than both incidence and prevalence rates. Victims who do not act in an expected or stereotypical way may not be believed, as happened in the case of a Washington state woman raped in 2008 who withdrew her report after facing police skepticism. Her rapist went on to assault several more women before being identified.

The legal requirements for reporting rape vary by jurisdiction—each US state may have different requirements. New Zealand has less stringent limits.

In Italy, a 2006 National Statistic Institute survey on sexual violence against women found that 91.6% of women who suffered this did not report it to the police.

In Japan, in 2018, Human Rights Watch reported that over 95% of incidents of sexual violence in Japan are not reported to police. In 2023, Japan adopted a new sex crime law that brought about several changes. It replaced "forcible sexual intercourse" with "non-consensual sexual intercourse" and further outlines eight scenarios considered rape, emphasizing one's ability to give consent within those situations. The new law also establishes grooming, voyeurism, and asking for sexual images of children under the age of 16 as crimes.

Conviction

In the United Kingdom, in 1970, there was a 33% rate of conviction, while by 1985 there was a 24% conviction rate for rape trials in the UK; by 2004, the conviction rate reached 5%. At that time the government report has expressed documented the year-on-year increase in attrition of reported rape cases, and pledged to address this "justice gap". According to Amnesty International Ireland had the lowest rate of conviction for rape, (1%) among 21 European states, in 2003. In America as of 2012, there exists a noticeable discrepancy in conviction rates among women of various ethnic identities; an arrest was made in just 13% of the sexual assaults reported by American Indian women, compared with 35% for black women and 32% for whites.

In 2024, the University of Cambridge did a study on rape in Japan. They found that while Japanese police claim to solve 97 percent of rape cases. Only 5–10 percent of rape victims report it to police, and police record less than half of reported cases while prosecutors charge about one-third of recorded cases. Also for every 1000 rapes in Japan, only 10–20 (1–2%) result in the offender being charged and convicted.

Judicial bias due to rape myths and preconceived notions about rape is a salient issue in rape conviction, but voir dire intervention may be used to curb such bias.

False accusation

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Main article: False accusation of rape

A false accusation of rape is the reporting of a rape where no rape has occurred. It is difficult to assess the true prevalence of false rape allegations, but it is generally agreed by scholars that rape accusations are false about 2% to 10% of the time. In most cases, a false accusation will not name a specific suspect.

Eight percent of 2,643 sexual assault cases were classified as false reports by the police in one study. The researchers noted that many of these classifications were based on the personal judgments and biases of the police investigators and were made in violation of official criteria for establishing a false allegation. Closer analysis of this category applying the Home Office counting rules for establishing a false allegation, which requires "strong evidential grounds" of a false allegation or a "clear and credible" retraction by the complainant, reduced the percentage of false reports to 3%. The researchers concluded that "one cannot take all police designations at face value" and that "here is an over-estimation of the scale of false allegations by both police officers and prosecutors".

Another large-scale study was conducted in Australia, with 850 rapes reported to the Victoria police between 2000 and 2003 (Heenan & Murray, 2006). Using both quantitative and qualitative methods, the researchers examined 812 cases and found 15.1% of complaints were withdrawn, 46.4% were marked "no further police action", and 2.1% of the total were "clearly" classified by police as false reports. In these cases, the alleged victim was either charged with filing a false police report, or threatened with charges, and the complaint subsequently withdrawn.

In the United Kingdom, the Crown Prosecution Service (CPS) analyzed every rape complaint made over a 17-month period and found that "the indication is that it is therefore extremely rare that a suspect deliberately makes a false allegation of rape or domestic violence purely out of malice."

FBI reports consistently put the number of "unfounded" rape accusations around 8%. The unfounded rate is higher for forcible rape than for any other Index crime. The average rate of unfounded reports for Index crimes is 2%. "Unfounded" is not synonymous with a false allegation. Bruce Gross of the Forensic Examiner described it as meaningless, saying a report could be marked as unfounded if there is no physical evidence or the alleged victim did not sustain any physical injuries.

Other studies have suggested that the rate of false allegations in the United States may be higher. A nine-year study by Eugene J. Kanin of Purdue University in a small metropolitan area in the Midwestern United States claimed that 41% of rape accusations were false. However, David Lisak, an associate professor of psychology and director of the Men's Sexual Trauma Research Project at the University of Massachusetts Boston states that "Kanin's 1994 article on false allegations is a provocative opinion piece, but it is not a scientific study of the issue of false reporting of rape". He further states that Kanin's study has a significantly poor systematic methodology and had no independent definition of a false report. Instead, Kanin classified reports that the police department classified as false also as false. The criterion for falsehood was simply a denial of a polygraph test of the accuser. A 1998 report by the National Institute of Justice found that DNA evidence excluded the primary suspect in 26% of rape cases and concluded that this "strongly suggests that postarrest and postconviction DNA exonerations are tied to some strong, underlying systemic problems that generate erroneous accusations and convictions". However, this study also noted that analyzed samples involved a specific subset of rape cases (e.g. those where "there is no consent defense").

A 2010 study by David Lisak, Lori Gardinier and other researchers published in the journal of Violence against Women found that out of 136 cases reported in a ten-year period, 5.9% were found likely to be false. A 2018 study in the UK by Lesley McMillan published in the Journal of Gender Studies found that although police estimated 5–95% of rape claims were likely to be false, the analysis showed no more than 3–4% were possible to be evidenced as "fabricated'.

History

Definitions and evolution of laws

Tarquin and Lucretia, by Titian, 1571. According to ancient Roman legend, the rape of Lucretia by the king's son led to the formation of the Roman Republic.
Main article: History of rape

Virtually all societies have had a concept of the crime of rape. Although what constituted this crime has varied by historical period and culture, the definitions tended to focus around an act of forced vaginal intercourse perpetrated through physical violence or imminent threat of death or severe bodily injury, by a man, on a woman, or a girl, not his wife. The actus reus of the crime, was, in most societies, the insertion of the penis into the vagina. The way sexuality was conceptualized in many societies rejected the very notion that a woman could force a man into sex—women were often seen as passive while men were deemed to be assertive and aggressive. Sexual penetration of a male by another male fell under the legal domain of sodomy.

Rape laws existed to protect virginal daughters from rape. In these cases, a rape done to a woman was seen as an attack on the estate of her father because she was his property and a woman's virginity being taken before marriage lessened her value; if the woman was married, the rape was an attack on the husband because it violated his property. The rapist was either subject to payment or severe punishment. The father could rape or keep the rapist's wife or make the rapist marry his daughter. A man could not be charged with raping his wife since she was his property. Thus, marital rape was allowed. Author Winnie Tomm stated, "By contrast, rape of a single woman without strong ties to a father or husband caused no great concern." An incident could be excluded from the definition of rape due to the relation between the parties, such as marriage, or due to the background of the victim. In many cultures forced sex on a prostitute, slave, war enemy, member of a racial minority, etc., was not rape.

From the classical antiquity of Greece and Rome into the Colonial period, rape along with arson, treason and murder was a capital offense. "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." Despite the harshness of these laws, actual punishments were usually far less severe: in late Medieval Europe, cases concerning rapes of marriageable women, wives, widows, or members of the lower class were rarely brought forward, and usually ended with only a small monetary fine or a marriage between the victim and the rapist.

In ancient Greece and Rome, both male-on-female and male-on-male concepts of rape existed. Roman laws allowed three distinct charges for the crime: stuprum, unsanctioned sexual intercourse (which, in the early times, also included adultery); vis, a physical assault for purpose of lust; and iniuria, a general charge denoting any type of assault upon a person. The aforementioned Lex Iulia specifically criminalized per vim stuprum, unsanctioned sexual intercourse by force. The former two were public criminal charges which could be brought whenever the victim was a woman or a child of either gender, but only if the victim was a freeborn Roman citizen (ingenuus), and carried a potential sentence of death or exile. Iniuria was a civil charge that demanded monetary compensation, and had a wider application (for example, it could have been brought in case of sexual assault on a slave by a person other than their owner.) Augustus Caesar enacted reforms for the crime of rape under the assault statute Lex Iulia de vi publica, which bears his family name, Iulia. It was under this statute rather than the adultery statute of Lex Iulia de adulteriis that Rome prosecuted this crime. Rape was made into a "public wrong" (iniuria publica) by the Roman Emperor Constantine.

In contrast to the modern understanding of the subject, Romans drew clear distinctions between "active" (penetrative) and "passive" (receptive) partners, and all these charges implied penetration by the assailant (which necessarily ruled out the possibility of female-on-male or female-on-female rape.) It is not clear which (if any) of these charges applied to assaults upon an adult male, though such an assault upon a citizen was definitely seen as a grave insult (within Roman culture, an adult male citizen could not possibly consent to the receptive role in sexual intercourse without a severe loss of status.) The law known as Lex Scantinia covered at least some forms of male-on-male stuprum, and Quintillian mentions a fine of 10,000 sesterces – about 10 years' worth of a Roman legionnaire's pay – as a normal penalty for stuprum upon an ingenuus. However, its text is lost and its exact provisions are no longer known.

Emperor Justinian continued the use of the statute to prosecute rape during the sixth century in the Eastern Roman Empire. By late antiquity, the general term raptus had referred to abduction, elopement, robbery, or rape in its modern meaning. Confusion over the term led ecclesiastical 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.

In the United States, a husband could not be charged with raping his wife until 1979. In the 1950s, in some states in the US, a white woman having consensual sex with a black man was considered rape. Prior to the 1930s, rape was considered a sex crime that was always committed by men and always done to women. From 1935 to 1965, a shift from labeling rapists as criminals to believing them to be mentally ill "sexual psychopaths" began making its way into popular opinion. Men caught for committing rape were no longer sentenced to prison but admitted to mental health hospitals where they would be given medication for their illness. Because only men deemed insane were the ones considered to have committed rape, no one considered the everyday person to be capable of such violence.

Transitions in women's roles in society were also shifting, causing alarm and blame towards rape victims. Because women were becoming more involved in the public (i.e. searching for jobs rather than being a housewife), some people claimed that these women were "loose" and looking for trouble. Giving up the gender roles of mother and wife was seen as defiant against traditional values while immersing themselves within society created the excuse that women would "not entitled to protection under the traditional guidelines for male-female relationships".

Until the 19th century, many jurisdictions required ejaculation for the act to constitute the offense of rape. Acts other than vaginal intercourse did not constitute rape in common law countries and in many other societies. In many cultures, such acts were illegal, even if they were consensual and performed between married couples (see sodomy laws). In England, for example, the Buggery Act 1533, which remained in force until 1828, provided for the death penalty for "buggery". Many countries criminalized "non-traditional" forms of sexual activity well into the modern era: notably, in the US state of Idaho, sodomy between consensual partners was punishable by a term of five years to life in prison as late as 2003, and this law was only ruled to be inapplicable to married couples in 1995. Today, in many countries, the definition of the actus reus has been extended to all forms of penetration of the vagina and anus (e.g. penetration with objects, fingers or other body parts) as well as insertion of the penis in the mouth.

In the United States, before and during the American Civil War when chattel slavery was widespread, the law focused primarily on rape as it pertained to black men raping white women. The penalty for such a crime in many jurisdictions was death or castration. The rape of a black woman, by any man, was considered legal. As early as the 19th century, American women were criticized if they "stray out of a position...fought off attacker... behaved in too self reliant a manner..." in which case "the term rape no longer applied".

In 1998, Judge Navanethem Pillay of the International Criminal Tribunal for Rwanda said: "From time immemorial, rape has been regarded as spoils of war. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war."

In Aydin v Turkey, the European Court of Human Rights (ECHR) ruled for the first time that rape amounts to torture, thus violating article 3 of the European Convention on Human Rights. It stated, "Rape of a detainee by an official of the State must be considered to be an especially grave and abhorrent form of ill-treatment given the ease with which the offender can exploit the vulnerability and weakened resistance of his victim."

In M.C. v Bulgaria, the Court found that the use of violence on the part of the perpetrator is not a necessary condition for a sexual act to be qualified as rape. It stated, "Indeed, rapists often employ subtle coercion or bullying when this is sufficient to overcome their victims. In most cases of rape against children, violence is not necessary to obtain submission. Courts are also recognizing that some women become frozen with fear at the onset of a sexual attack and thus cannot resist."

War rape

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See also: Wartime sexual violence
The Bulgarian martyresses, a painting depicting the rape of Bulgarian women by Ottoman troops during the April Uprising of 1876

Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible. When Amazon's Yanomami tribes fought and raided nearby tribes, women were often raped and brought back to the shabono to be adopted into the captor's community.

The Mongols, who established the Mongol Empire across much of Eurasia, caused much destruction during their invasions.

Historian Jack Weatherford said that the earliest incident of mass rape attributed to Mongols took place after Ogodei Khan sent an army of 25,000 soldiers to North China, where they defeated an army of 100,000. The Mongols were said to have raped the surviving soldiers at the command of their leader. Ogodei Khan was also said to have ordered mass rapes of the Oirat. According to Rogerius of Apulia, a monk who survived the Mongol invasion of Hungary, the Mongol warriors "found pleasure" in humiliating local women.

The systematic rape of as many as 80,000 women by the Japanese soldiers during the six weeks of the Nanjing Massacre is an example of such atrocities. During World War II, an estimated 200,000 Korean and Chinese women were forced into prostitution in Japanese military brothels as so-called "comfort women". French Moroccan troops, known as Goumiers, committed rapes and other war crimes after the Battle of Monte Cassino. (See Marocchinate.) French women in Normandy reported rapes during the liberation of Normandy.

Rapes were committed by Wehrmacht forces on Jewish women and girls during the Invasion of Poland in September 1939; they were also committed against Polish, Ukrainian, Belarusian and Russian women, and girls during mass executions which were primarily carried out by the Selbstschutz units, with the assistance of Wehrmacht soldiers who were stationed in territory that was under the administration of the German military; the rapes were committed against female captives before they were shot. Only one case of rape was prosecuted by a German court during the military campaign in Poland, and even then the German judge found the perpetrator guilty of Rassenschande (committing a shameful act against his race as defined by the racial policy of Nazi Germany) rather than rape. Jewish women were particularly vulnerable to rape during The Holocaust.

Rapes were also committed by German forces stationed on the Eastern Front, where they were largely unpunished (as opposed to rapes committed in Western Europe). The Wehrmacht also established a system of military brothels, in which young women and girls from occupied territories were forced into prostitution under harsh conditions. In the Soviet Union, women were kidnapped by German forces for prostitution as well; one report by the International Military Tribunal writes "in the city of Smolensk the German Command opened a brothel for officers in one of the hotels into which hundreds of women and girls were driven; they were mercilessly dragged down the street by their arms and hair."

Rapes happened in territories occupied by the Red Army. A female Soviet war correspondent described what she had witnessed: "The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists." According to German historian Miriam Gebhardt, as many as 190,000 women were raped by U.S. soldiers in Germany.

According to researcher and author Krisztián Ungváry, some 38,000 civilians were killed during the Siege of Budapest: about 13,000 from military action and 25,000 from starvation, disease and other causes. Included in the latter figure are about 15,000 Jews, largely victims of executions by Hungarian Arrow Cross Party militia. When the Soviets finally claimed victory, they initiated an orgy of violence, including the wholesale theft of anything they could lay their hands on, random executions and mass rape. An estimated 50,000 women and girls were raped, although estimates vary from 5,000 to 200,000. Hungarian girls were kidnapped and taken to Red Army quarters, where they were imprisoned, repeatedly raped and sometimes murdered.

See also

Explanatory notes

  1. "The worst suffering of the Hungarian population is due to the rape of women. Rapes—affecting all age groups from ten to seventy are so common that very few women in Hungary have been spared." Swiss embassy report cited in Ungváry 2005, p.350. (Krisztian Ungvary The Siege of Budapest 2005)

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By country
Sexual activities
Sex industry
Religion and
sexuality
Human sexuality and sexology
Sexual relationship
phenomena
Sexual dynamics
See also
Sexual ethics
Human sexuality
Child sexuality
Sexual abuse
Age of consent (reform)
Violence against women
Issues
Sexual assault, rape
Related topics
Category
Abuse
Types
Related topics
Religious persecution and discrimination
By group
Methods
Events
icon Religion
Types of crime
Note: Crimes vary by jurisdiction. Not all types are listed here.
Classes Scales of Justice
Against the person
Against property
  • Arson
  • Arms trafficking
  • Blackmail
  • Bribery
  • Burglary
  • Cybercrime
  • Embezzlement
  • Extortion
  • False pretenses
  • Forgery
  • Fraud
  • Gambling
  • Intellectual property violation
  • Larceny
  • Looting
  • Payola
  • Pickpocketing
  • Possessing stolen property
  • Robbery
  • Smuggling
  • Tax evasion
  • Theft
  • Trespass to land
  • Vandalism
  • Mischief
  • Against the public
  • Apostasy
  • Begging
  • Corruption
  • Censorship violation
  • Dueling
  • Genocide
  • Hostage-taking
  • Insider trading
  • Smuggling
  • Illegal consumption (such as prohibition of drugs, alcohol, and smoking)
  • Miscegenation
  • Piracy
  • Regicide
  • Terrorism
  • Usurpation
  • War crimes
  • Against the state
  • Lèse-majesté
  • Treason
  • Espionage
  • Secession
  • Sedition
  • Subversion
  • Against justice
  • Compounding
  • Malfeasance in office
  • Miscarriage of justice
  • Misprision
  • Obstruction
  • Perjury
  • Perverting the course of justice
  • Against animals
  • Cruelty to animals
  • Poaching
  • Wildlife smuggling
  • Bestiality
  • Sexual offenses
  • Adultery
  • Bigamy
  • Child sexual abuse
  • Cybersex trafficking
  • Fornication
  • Homosexuality
  • Incest
  • Indecent exposure
  • Masturbation
  • Obscenity
  • Prostitution
  • Rape
  • Pederasty
  • Sex trafficking
  • Sexual assault
  • Sexual harassment
  • Sexual slavery
  • Voyeurism
  • Inchoate offenses
  • Attempt
  • Conspiracy
  • Incitement
  • Solicitation
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