Protecting Against Acquaintance Rape**
Men:
Listen carefully. Take time to hear what the woman is saying. If you feel she is not being direct or is giving you a “mixed message”, ask for clarification.
Don’t fall for the common stereotype that when a woman says “No” she really means “Yes.” No” means “No.” If a woman says “No” to sexual contact, believe her and stop.
Remember that date rape is a crime. It is never acceptable to use force in sexual situations, no matter what the circumstances.
Don’t make assumptions about a woman’s behavior. Don’t automatically assume that a woman wants to have sex just because she drinks heavily, dresses provocatively, or agrees to go to your
room. Don’t assume that just because a woman has had sex with you previously she is willing to have sex with you again. Also, don’t assume that just because a woman consents to kissing or other sexual intimacies she is willing to have sexual intercourse.
Be aware that having sex with someone who is mentally or physically incapable of giving consent is rape. If you have sex with a woman who is drugged, intoxicated, passed out, incapable of saying “No,” or unaware of what is happening around her, you may be guilty of rape.
Be especially careful in group situations. Be prepared to resist pressure from friends to participate in violent or criminal acts.
“Get involved” if you believe someone is at risk. If you see a woman in trouble at a party or a male friend using force or pressuring a woman, don’t be afraid to intervene. You may save the woman from the trauma of sexual assault and your friend from the ordeal of criminal prosecution.
Both men and women should be especially careful in situations involving the use of alcohol or drugs. Alcohol and drugs can interfere with your ability to assess situations and to communicate effectively.
Women:
Know your sexual intentions and limits. You have the right to say “No” to any unwanted sexual contact. If you are uncertain about what you want, ask the man to respect your feelings.
Communicate your limits firmly and directly. I you say “No,” say it like you mean it. Don’t give mixed messages. Back up your words with a firm tone of voice and clear body language.
Don’t rely on “ESP” to get your message across. Don’t assume that your date will automatically know how you feel, or will eventually “get the message” without your having to tell him.
Remember that some men think that drinking heavily, dressing provocatively, or going to a man’s room indicates a willingness to have sex. Be especially careful to communicate your limits and intentions clearly in such situations.
Listen to your gut feelings. If you feel uncomfortable or think you may be at risk, leave the situation immediately and go to a safe place.
Don’t be afraid to “make waves” if you feel threatened. If you feel you are being pressured or coerced into sexual activity against your will, don’t hesitate to state your feelings and get out of the situation. Better a few minutes of social awkwardness or embarrassment than the trauma of sexual assault.
Protecting Against Stranger Rape**
Walking on Campus:
Always be aware of what is going on around you. Stay alert to your surroundings.
Walk with confidence. Hold your head up and shoulders straight.
At night, stick to well-lighted, populated areas and walk with another person. Avoid walking alone or in isolated areas.
Use campus escort services.
Take special precautions in parking structures, stairwells, elevators, bathrooms, and dark areas with shrubbery. Studies show that many assaults by strangers occur in these places.
If you suspect that you are being followed, go to a place where there are other people as soon as possible. If you choose to run, run as fast as you are able and scream to attract attention or summon help.
Follow your gut instincts. If you sense that you may be at risk or in danger, try to get out of the situation. For example, if you see a suspicious looking person or someone who makes you feel uncomfortable in a parking structure or lot, leave the area. Report your suspicions to the authorities.
Despite the precautions taken, you or a friend could still become a victim. It is important to remember that it is not the victim’s fault. There is nothing for the victim to be ashamed of or feel guilty about.
http://www.atlantic.edu/studentServ/assaultKnow.html
Listed above are several precautions that can be taken in multiple scenarios where campus rape can occur.
STORY (NOT REAL)
A few weeks ago my friend, Sarah, was assaulted. Sadly, it was committed not by a stranger but a friend of mine, Matt. I had introduced the two and Sarah quickly developed a crush on him. We began hanging out with them more often at Sarah's insistence. One night, when I wasn't feeling well, Sarah went out without me and with some of our guy friends. The next morning she came back crying.
She told me that her and Matt had sex but she wasn't ok with it. I asked her how it happened and she admitted to being drunk. She said that he suggested they go back to his room to sleep. Excited at the possibility of simply sleeping with Matt, Sarah jumped at the chance. When they got there Matt began kissing her. Sarah said she was completely comfortable and happy about the kissing but when he began to take off her pants she began laughing and slapping his hands away. Matt told her that he knew she liked him and wanted him to do this. She said she was hesitant in her no because she did like him. However when he went to remove her underwear she finally completely pushed him away he wouldn't take no for an answer.
Of course, the rape that was committed against Sarah was completely not her fault she felt that if she was more firm in her answer Matt would have been less likely to assault her. She wishes she were able to go back and stand firm in her answer.
Monday, February 23, 2009
Monday, February 16, 2009
Who are the bystanders in Rape Crime? Why don't they interfere?
KEY FINDINGS
Nearly all acts of violence are either witnessed directly or known
about by third parties. The responses of bystanders are crucial in
determining whether violence thrives or subsides. Our research
addresses this issue and we have found:
The behaviour of bystanders depends upon how they understand
their social relationship with the three parties to violent events:
fellow bystanders; the victim and the perpetrator.
Where bystanders perceive themselves to be part of a common
group, the behaviour of others will influence what they do. If others
show support for intervention they will be more likely to intervene. If
others show opposition to intervention they will be less likely to
intervene. Where bystanders are not seen as fellow group members
their behaviour has no influence.
The group relationship between bystander and victim has the
clearest effect upon bystander behaviour. Where bystanders
perceive themselves and the victim of aggression to be part of a
common group they are more likely to intervene and support the
victim.
The group relationship between bystander and perpetrator also has
an important - but complex - impact on bystander behaviour.
However, bystanders are most likely to intervene against ingroup
perpetrators when behaviour is seen as violating ingroup norms.
While bystanders generally give more help to ingroup victims, this
does NOT mean they always abandon outgroup victims. Whether
they do so or not depends upon their group norms. Outgroup
helping can be raised to the same level as ingroup helping.
Promoting intervention against violent crime depends upon
developing a broader sense of group memberships so that others
are protected as part of a common ingroup. It also depends on
promoting group norms which are based on social
http://www1.rhbnc.ac.uk/sociopolitical-science/vrp/Findings/rfLevine.PDF
Dialogue:
Jack: Alright, I'm going to take Sally up to my room.
Eric: Dude, she's pretty far gone. Do you think that's a good idea?
Jack: Well, I'm also pretty far gone. So it's not a problem.
Eric: Yeah but you're aware. She isn't
Jack: Just back off. We've hooked up before. It's not your business.
Jack takes Sally up to his room and Eric turns to his friend Adam who didn't say anything during the altercation.
Eric: Man, you know that's not right. Why didn't you say anything to help me out?
Adam: Jack had a point man. It's not our business and they've also hooked up before so I'm sure she'll be more than willing.
Eric: Yeah, but she's not willing if she doesn't know whats going on.
Adam: She was having conversations with people.
Eric: Yeah, but noone could even understand what she was saying.
Adam: Well there's nothing you can do about it now, is there?
Nearly all acts of violence are either witnessed directly or known
about by third parties. The responses of bystanders are crucial in
determining whether violence thrives or subsides. Our research
addresses this issue and we have found:
The behaviour of bystanders depends upon how they understand
their social relationship with the three parties to violent events:
fellow bystanders; the victim and the perpetrator.
Where bystanders perceive themselves to be part of a common
group, the behaviour of others will influence what they do. If others
show support for intervention they will be more likely to intervene. If
others show opposition to intervention they will be less likely to
intervene. Where bystanders are not seen as fellow group members
their behaviour has no influence.
The group relationship between bystander and victim has the
clearest effect upon bystander behaviour. Where bystanders
perceive themselves and the victim of aggression to be part of a
common group they are more likely to intervene and support the
victim.
The group relationship between bystander and perpetrator also has
an important - but complex - impact on bystander behaviour.
However, bystanders are most likely to intervene against ingroup
perpetrators when behaviour is seen as violating ingroup norms.
While bystanders generally give more help to ingroup victims, this
does NOT mean they always abandon outgroup victims. Whether
they do so or not depends upon their group norms. Outgroup
helping can be raised to the same level as ingroup helping.
Promoting intervention against violent crime depends upon
developing a broader sense of group memberships so that others
are protected as part of a common ingroup. It also depends on
promoting group norms which are based on social
http://www1.rhbnc.ac.uk/sociopolitical-science/vrp/Findings/rfLevine.PDF
Dialogue:
Jack: Alright, I'm going to take Sally up to my room.
Eric: Dude, she's pretty far gone. Do you think that's a good idea?
Jack: Well, I'm also pretty far gone. So it's not a problem.
Eric: Yeah but you're aware. She isn't
Jack: Just back off. We've hooked up before. It's not your business.
Jack takes Sally up to his room and Eric turns to his friend Adam who didn't say anything during the altercation.
Eric: Man, you know that's not right. Why didn't you say anything to help me out?
Adam: Jack had a point man. It's not our business and they've also hooked up before so I'm sure she'll be more than willing.
Eric: Yeah, but she's not willing if she doesn't know whats going on.
Adam: She was having conversations with people.
Eric: Yeah, but noone could even understand what she was saying.
Adam: Well there's nothing you can do about it now, is there?
Wednesday, February 11, 2009
Who are the Victims of Rape?
Story (not real):
For the past 3 years I have been working hard to graduate college. While taking classes during the day I have also been waitressing at night to pay for my car and insurance. With very little time for fun I needed a break. So I decided to take a Friday off and have fun with some of my friends from my classes.
They took me to a party and I was having fun. Some of the friends I came with I could definitely tell had a buzz on them. Since I never really had the chance to drink often I was a little wary of having too much. I decided to get my second drink and began to feel very woozy.
The next morning I woke up in a bedroom next to a boy I don't know without my skirt on. The last thing I remember was beginning to drink that second drink. I quickly gathered my clothes and left.
To this day I don't know what happened, but I believed I was drugged and raped. I never thought that would happen to me. I was a hardworking girl with her head on her shoulders. I was also being responsible by only have a couple of drinks but by not paying attention to where the drink came from one night is forever lost to me and who knows what else. It can happen to anyone.
For the past 3 years I have been working hard to graduate college. While taking classes during the day I have also been waitressing at night to pay for my car and insurance. With very little time for fun I needed a break. So I decided to take a Friday off and have fun with some of my friends from my classes.
They took me to a party and I was having fun. Some of the friends I came with I could definitely tell had a buzz on them. Since I never really had the chance to drink often I was a little wary of having too much. I decided to get my second drink and began to feel very woozy.
The next morning I woke up in a bedroom next to a boy I don't know without my skirt on. The last thing I remember was beginning to drink that second drink. I quickly gathered my clothes and left.
To this day I don't know what happened, but I believed I was drugged and raped. I never thought that would happen to me. I was a hardworking girl with her head on her shoulders. I was also being responsible by only have a couple of drinks but by not paying attention to where the drink came from one night is forever lost to me and who knows what else. It can happen to anyone.
Wednesday, February 4, 2009
Who is a rapist or sexual offender?
sex offender- n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. In mosst states convicted sex offenders are supposed to report to local police authorities, but many do not. (See: rape, molestation, sexual harassment, pornography)
http://legal-dictionary.thefreedictionary.com/sex+offender
What constitutes lack of consent?
"Lack of consent" is defined in NYS Penal Law as occurring in the following circumstances:
(1) Forcible compulsion:
• actual physical force.
• the threat of physical force, expressed or implied, that puts the victim in fear of being
physically harmed or of another person being physically harmed (e.g., one’s child).
• the threat to kidnap the victim or a third person; OR
(2) Physically helpless: physically unable to indicate a lack of consent (e.g., because victim is unconscious or because of a physical disability that makes one unable to physically or verbally communicate lack of consent); OR
(3) Under 17 years of age: New York law states that a person less than 17 years of age is legally incapable of consenting to sexual intercourse or other sexual contact. These laws are typically known as statutory rape laws.
• If the victim is under 13, and the defendant is at least 18, this constitutes a 1st degree sexual offense. 1st degree crimes are considered the most serious ones and carry the longest penalties.
• If the victim is under 15 and the perpetrator is at least 18, this constitutes a 2nd degree sexual offense. However, if the defendant is less than 4 years older than the victim, this may constitute an affirmative defense. Affirmative defenses are those in which the defendant introduces evidence which negates criminal liability; OR
(4) Mentally Incapacitated: when the victim is made temporarily incapable of understanding or controlling his or her conduct because a drug or other intoxicating substance (e.g. alcohol) was given to them without their consent; OR
(5) Mentally Disabled: when a person suffers from a mental illness or a condition that renders them incapable of understanding the nature of their conduct; OR
(6) Inmate: when a person is literally or physically under the control of others. Some examples are:
• The victim is an inmate in either a state or city correctional facility (i.e., jail or prison)
• The victim is committed to a psychiatric institution
• The victim is a juvenile held in any facility, if the perpetrator is anyone employed at that facility
• The perpetrator is a health care or mental health provider and the victim is his/her client, unless the doctor makes clear that the sex act is not part of the treatment. If the medical provider can prove that s/he informed the client that intercourse was not part of the treatment, and the client consented, then a crime has not occurred. This is a Class E felony.
• Penal Code 130 also prohibits workers in Office of Children and Family Services facilities from having sexual contact with patients of those facilities; OR
(7) Some Factor Other Than Incapacity to Consent: Rape 3 and Criminal Sexual Act 3 have recently been modified with a "no means no" clause. In cases of intercourse only, if the victim expressed that he or she did not consent to the sex act in such a way that a reasonable person would have understood those words or acts as expressing lack of consent, this would be prosecutable as Rape in the third degree or Criminal Sexual Act in the third degree. This makes a case easier for the District Attorney to prosecute because it is based on a reasonable person standard, and not on the specific interpretation of a defendant.
What constitutes a sexual assault?
If any of the following acts are perpetrated against a victim "without his or her consent," as defined above, it is a crime under NYS Law:
(1) Sexual Intercourse: the penetration of the penis into the vagina, however slight-- in other words, if the penis goes into the vagina just a little, not in its entirety, that is considered completed "sexual intercourse". (There is no requirement of physical injury and usually there
is no requirement that ejaculation or orgasm have occurred.); AND/OR
(2) Oral or Anal Sexual Conduct: Does not require any penetration and occurs upon contact between penis and mouth, penis and anus (rectum), or mouth and vaginal area; AND/OR
(3) Sexual Contact: any touching of the sexual or intimate parts of the body whether over or under clothing:
• done for the purpose of gratifying the sexual desire of either party
• includes the touching of the victim’s sexual or intimate parts by the perpetrator AND the touching of the perpetrator’s sexual or
intimate parts by the victim; AND/OR
(4) Forcible Touching: the intentional and forcible touching of another
• done for the purpose of degrading or abusing another person or done for the purpose of gratifying the defendant’s sexual desire
• includes squeezing, grabbing, or pinching; AND/OR
(5) Aggravated Sexual Contact: insertion of a foreign object (e.g. coke bottle, broom handle, etc.) into the vagina, urethra, penis or rectum.
• Insertion of a finger into vagina, urethra, penis or rectum causing injury, constitutes 2nd degree sexual offense
• If the insertion of the object causes physical injury, this constitutes a 1st degree sexual offense
• If no injury occurs, this constitutes a 3rd degree sexual offense
Offenders/Bail/Sentencing Provisions
• Convicted sex offender changes
a. Mandated probation and parole conditions are added for released convicted child molesters to keep them away from child settings, such as playgrounds and schoolyards.
b. Harsher penalties and determinate sentences for repeat sex offenders and longer periods of probation and parole for persistent child molesters. This includes 10 years of probation for any felony sexual assault and 6 years for a misdemeanor sexual assault charge.
c. No reduced bail or release on their own recognizance for offenders 18 years or older who have been convicted, but not sentenced, for Class A, B, or C felony sex offenses against a child less than 18 years old.
d. No bail for those convicted of B or C level violent felonies, even on appeal. No orders of recognizance in bail pending an appeal for Class A, B, or C felony sex offenses against a child.
e. New requirements for the sex offender registry were added whereby internet accounts and screen names must be added to aliases of registered sex offenders.
• Five years will be added to the maximum sentence of a defendant who engaged in sex with a child after contacting their victim through the Internet.
• The "900" number used to receive information about convicted sexual offenders will notify callers about the charge (lowered from $5.00 to .50) and provide basic information about a packet of materials that is available. Prosecutors who failed in discovery to reveal some non-essential document to the defense cannot result in a vacated conviction of the case.
http://www.cvb.state.ny.us/Files/Sexual%20Assault-Sex%20Offenses.pdf
Story (Not Real):
As a child, Jeffrey Lang was sexually abused by his older brother. His father abandoned them when he was just a baby and his mother was always drinking and never home leaving his older brother to carry out his sickness on him. As Jeffrey Lang grew older and away from his family the memories continued to haunt him.
Despite his unhappy childhood, Jeffrey Lang went about his day as most citizens. He got up went to work as a janitor in a middle school and came home. He paid his bills on time. While Jeffrey came off as a quiet individual many regarded him as eccentric but polite. However, because of his childhood playing with his mental health, he unfortunately commited the same crime his brother committed on him on an unsuspecting and innocent child. Now, he is in jail for sexual abuse of a child and his life is forever changed.
http://legal-dictionary.thefreedictionary.com/sex+offender
What constitutes lack of consent?
"Lack of consent" is defined in NYS Penal Law as occurring in the following circumstances:
(1) Forcible compulsion:
• actual physical force.
• the threat of physical force, expressed or implied, that puts the victim in fear of being
physically harmed or of another person being physically harmed (e.g., one’s child).
• the threat to kidnap the victim or a third person; OR
(2) Physically helpless: physically unable to indicate a lack of consent (e.g., because victim is unconscious or because of a physical disability that makes one unable to physically or verbally communicate lack of consent); OR
(3) Under 17 years of age: New York law states that a person less than 17 years of age is legally incapable of consenting to sexual intercourse or other sexual contact. These laws are typically known as statutory rape laws.
• If the victim is under 13, and the defendant is at least 18, this constitutes a 1st degree sexual offense. 1st degree crimes are considered the most serious ones and carry the longest penalties.
• If the victim is under 15 and the perpetrator is at least 18, this constitutes a 2nd degree sexual offense. However, if the defendant is less than 4 years older than the victim, this may constitute an affirmative defense. Affirmative defenses are those in which the defendant introduces evidence which negates criminal liability; OR
(4) Mentally Incapacitated: when the victim is made temporarily incapable of understanding or controlling his or her conduct because a drug or other intoxicating substance (e.g. alcohol) was given to them without their consent; OR
(5) Mentally Disabled: when a person suffers from a mental illness or a condition that renders them incapable of understanding the nature of their conduct; OR
(6) Inmate: when a person is literally or physically under the control of others. Some examples are:
• The victim is an inmate in either a state or city correctional facility (i.e., jail or prison)
• The victim is committed to a psychiatric institution
• The victim is a juvenile held in any facility, if the perpetrator is anyone employed at that facility
• The perpetrator is a health care or mental health provider and the victim is his/her client, unless the doctor makes clear that the sex act is not part of the treatment. If the medical provider can prove that s/he informed the client that intercourse was not part of the treatment, and the client consented, then a crime has not occurred. This is a Class E felony.
• Penal Code 130 also prohibits workers in Office of Children and Family Services facilities from having sexual contact with patients of those facilities; OR
(7) Some Factor Other Than Incapacity to Consent: Rape 3 and Criminal Sexual Act 3 have recently been modified with a "no means no" clause. In cases of intercourse only, if the victim expressed that he or she did not consent to the sex act in such a way that a reasonable person would have understood those words or acts as expressing lack of consent, this would be prosecutable as Rape in the third degree or Criminal Sexual Act in the third degree. This makes a case easier for the District Attorney to prosecute because it is based on a reasonable person standard, and not on the specific interpretation of a defendant.
What constitutes a sexual assault?
If any of the following acts are perpetrated against a victim "without his or her consent," as defined above, it is a crime under NYS Law:
(1) Sexual Intercourse: the penetration of the penis into the vagina, however slight-- in other words, if the penis goes into the vagina just a little, not in its entirety, that is considered completed "sexual intercourse". (There is no requirement of physical injury and usually there
is no requirement that ejaculation or orgasm have occurred.); AND/OR
(2) Oral or Anal Sexual Conduct: Does not require any penetration and occurs upon contact between penis and mouth, penis and anus (rectum), or mouth and vaginal area; AND/OR
(3) Sexual Contact: any touching of the sexual or intimate parts of the body whether over or under clothing:
• done for the purpose of gratifying the sexual desire of either party
• includes the touching of the victim’s sexual or intimate parts by the perpetrator AND the touching of the perpetrator’s sexual or
intimate parts by the victim; AND/OR
(4) Forcible Touching: the intentional and forcible touching of another
• done for the purpose of degrading or abusing another person or done for the purpose of gratifying the defendant’s sexual desire
• includes squeezing, grabbing, or pinching; AND/OR
(5) Aggravated Sexual Contact: insertion of a foreign object (e.g. coke bottle, broom handle, etc.) into the vagina, urethra, penis or rectum.
• Insertion of a finger into vagina, urethra, penis or rectum causing injury, constitutes 2nd degree sexual offense
• If the insertion of the object causes physical injury, this constitutes a 1st degree sexual offense
• If no injury occurs, this constitutes a 3rd degree sexual offense
Offenders/Bail/Sentencing Provisions
• Convicted sex offender changes
a. Mandated probation and parole conditions are added for released convicted child molesters to keep them away from child settings, such as playgrounds and schoolyards.
b. Harsher penalties and determinate sentences for repeat sex offenders and longer periods of probation and parole for persistent child molesters. This includes 10 years of probation for any felony sexual assault and 6 years for a misdemeanor sexual assault charge.
c. No reduced bail or release on their own recognizance for offenders 18 years or older who have been convicted, but not sentenced, for Class A, B, or C felony sex offenses against a child less than 18 years old.
d. No bail for those convicted of B or C level violent felonies, even on appeal. No orders of recognizance in bail pending an appeal for Class A, B, or C felony sex offenses against a child.
e. New requirements for the sex offender registry were added whereby internet accounts and screen names must be added to aliases of registered sex offenders.
• Five years will be added to the maximum sentence of a defendant who engaged in sex with a child after contacting their victim through the Internet.
• The "900" number used to receive information about convicted sexual offenders will notify callers about the charge (lowered from $5.00 to .50) and provide basic information about a packet of materials that is available. Prosecutors who failed in discovery to reveal some non-essential document to the defense cannot result in a vacated conviction of the case.
http://www.cvb.state.ny.us/Files/Sexual%20Assault-Sex%20Offenses.pdf
Story (Not Real):
As a child, Jeffrey Lang was sexually abused by his older brother. His father abandoned them when he was just a baby and his mother was always drinking and never home leaving his older brother to carry out his sickness on him. As Jeffrey Lang grew older and away from his family the memories continued to haunt him.
Despite his unhappy childhood, Jeffrey Lang went about his day as most citizens. He got up went to work as a janitor in a middle school and came home. He paid his bills on time. While Jeffrey came off as a quiet individual many regarded him as eccentric but polite. However, because of his childhood playing with his mental health, he unfortunately commited the same crime his brother committed on him on an unsuspecting and innocent child. Now, he is in jail for sexual abuse of a child and his life is forever changed.
Subscribe to:
Posts (Atom)