rape

rape, unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving legal consent because of minor status, mental illness, mental deficiency, intoxication, unconsciousness, or deception. In many jurisdictions, the crime of rape has been subsumed under that of sexual assault. Rape was long considered to be caused by unbridled sexual desire, but it is now understood as a pathological assertion of power over a victim.

Scope, effects, and motivations

The legal definition of rape has changed substantially since the late 20th century. The traditional definition was narrow with respect to both gender and age; rape was an act of sexual intercourse by a man with a woman against her will. As rape is now understood, a rapist or a victim may be an adult of either gender or a child. Although rape can occur in same-sex intercourse, it is most often committed by a male against a female. There is also an increasing tendency to treat as rape an act of sexual intercourse by a husband with his wife against her will and to consider forced prostitution and sexual slavery as forms of rape. In 2012 the U.S. Department of Justice adopted a new definition of rape, to be used in the FBI’s Uniform Crime Reporting program, that better reflected state criminal codes and the experiences of rape victims. By that definition, rape is “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.”

Rape is often explained or excused as a manifestation of racial, ethnic, and class hatred or as stemming from a patriarchal system in which women are viewed as the property of men. Whatever its origins, rape is a serious crime and is treated as a felony in most countries with common-law systems. In many rape trials, the guilt or innocence of the accused hinges on whether or not the victim consented to sexual intercourse. The determination of consent often can lead to distressing cross-examinations of rape victims in court. As a result, many rape victims choose not to report the crime to police or refuse to press charges against their assailants. For example, according to the Bureau of Justice Statistics, an office within the U.S. Department of Justice, fewer than one-quarter of rapes or sexual assaults in the country were reported to police in 2016. Even when brought to trial, those charged with rape have a higher-than-average rate of acquittal, mainly because it is difficult to prove a crime for which there are usually no third-party witnesses and because the testimony of women often may be given less credence than that of men. Rape is thus both underreported and underprosecuted. To protect women from humiliating cross-examination, many jurisdictions have adopted rape shield laws, which limit the ability of the defendant’s counsel to introduce the accuser’s sexual history as evidence.

The psychological motivations of rapists are more complex than was formerly thought. They may include the desire to punish, to gain revenge, to cause pain, to prove sexual prowess, and to control through fear. The psychological reactions of victims of rape also vary but usually include feelings of shame, humiliation, confusion, fear, and rage. Victims often report a feeling of perpetual defilement, an inability to feel clean, an overwhelming sense of vulnerability, and a paralyzing feeling of lack of control over their lives. Many are haunted by fear of the place in which the crime occurred, or of being followed, or of all sexual relationships. Others experience long-term disruption of sleep or eating patterns or an inability to function at work. The duration of the psychological trauma varies from individual to individual; many feel the effects for years, even with considerable supportive therapy. In view of the great psychological harm it causes, many psychologists regard rape as a form of torture—a permanent mutilation of an individual’s life. In addition to these psychological effects, in some societies victims of rape face the danger of ostracism or even death at the hands of relatives seeking to preserve their family’s honour (victims of abduction without rape may be treated in the same way).

Statutory rape

The age at which an individual may give effective consent to sexual intercourse is commonly set in most countries at between 14 and 18 years (though it is as low as 12 years in some countries). Sexual intercourse with a person below the age of consent is termed statutory rape, and consent is no longer relevant. The term statutory rape specifically refers to the legal proscription against having sexual intercourse with a child or any other person presumed to lack comprehension of the physical and other consequences of the act. The term statutory rape may also refer to any kind of sexual assault committed against a person above the age of consent by an individual in a position of authority (e.g., employers, teachers, clergy, doctors, and parents). Statutory rape often leaves the victim with long-term psychological and physical damage, including sexually transmitted diseases and the inability to bear children.

For example, statutory rape was particularly prevalent in South Africa in the period following the abolition of apartheid, when it was estimated that some two-fifths of South African rape victims were under age 18. Many rapes in the country were committed in the mistaken belief that sexual intercourse with a virgin (including an infant) would cure the rapist of HIV/AIDS. According to Interpol, in the early 21st century there were more rapes per capita in South Africa than in any other country. A 2009 study conducted by the Medical Research Council in South Africa showed that more than a quarter of South African men said they had committed rape. Nearly three-quarters of those men committed their first rape before reaching age 20, and nearly half of them were repeat offenders. Many of the participants expressed no remorse for the assaults.