Game Design Class

What are consequences of a rape or violent sexual encounter on the victim, perpetrator, and the bystanders?

2009-05-06T12:33:00.000-07:00

Victims of rape can be affected physically, emotionall and mentally for the rest of their lives. Hopefully, with some assistance a victim will be able to move on from their experience and take control of their life.

The perpetrators of rape sometimes pay for their crime in prison or emotionally as well. Some may feel no regret or punishment. Some perpetrators will regret their actions and be affected by their decisions for the rest of their lives. If a victim chooses to come forward they may lose years of the outside world because they are serving their time in prison.

Bystanders, depending on the situation, can feel emotional regret for not stepping forward and possibly stopping what happened. However, others may always feel that it wasn't their business and their was nothing they can do.

How do health care personnel investigate a rape or violent sexual encounter?

2009-05-06T12:17:00.000-07:00

Sexual Assault Nurse Examiner (SANE)A SANE nurse is a registered nurse who has completed standards and educational requirements in the area of Forensic Nursing with an emphasis on care of the sexual assault victim. Education includes, but is not limited to:

Rape Trauma Syndrome

Identification of injury consistent with sexual assault

Evidence collection techniques and rationale

Use of colposcopy and other photography techniques

Sexual assault and the law

http://www.crimevictimservices.org/sexassault/index.php

Health care personnel investigate a rape crime by using a rape kit, which as stated earlier in another blog, is a medical procedure that allows them to detect whether a rape has been committed on the victim.

How do police investigate rape or violent sexual encounter?

2009-05-06T12:12:00.000-07:00

Investigating Rape Crimes, Part 1: Guidelines for first responders

My next series of investigative columns focuses on the crime of rape. Due to the unique nature of the crime and the frequency in which physical evidence plays a pivotal role in obtaining a conviction, rape poses significant challenges to the investigator.

Different definitions of what constitutes the crime of rape are used at the federal, state and local level. For the purposes of this column, rape is defined as sexual intercourse against a person’s will by force or threat of force. Forcible rape — the term used to classify rape from other sexual crimes — is the only sex offense that is an index crime in the Federal Bureau Reports (UCR). (The FBI’s Uniform Crime Reporting Program collects offense information for eight crime classifications: murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft and arson.) Many consider forcible rape the most serious crime a person can commit after murder.

Rape is usually thought of as a male-on-female crime, and this column will lean that way as well. However, the number of reported rapes among persons of the same sex is steadily rising. Social stigma remains a strong force in the underreporting of all forcible rapes, and studies indicate the crime is substantially underreported when it involves persons of the same gender.

Many states now use the term “sexual assault” rather than rape in order to differentiate between a variety of legal variables regarding severity of punishment and the significance of the physical and psychological threat to the victim and/or the public. These factors may include the age of the victim, the perpetrator’s age, mental capacity, the ability under law to give consent, the use or threat of a weapon, physical injury to the victim, spousal or another legal relationship and so on. In addition, many jurisdictions divide sexual assault into a series of graded offenses depending on the perceived legal seriousness of the crime and aggravating conditions, and they may range from sexual assault, first degree, through sexual assault in the fourth degree.

Due to the significant physical and psychological impact to the victim and prevailing social attitudes toward rape crimes, establishing a criminal act has in fact occurred (“corpus delicti” is more complex than in other cases. Investigators must establish that the required elements of a rape crime can be proven under the court standard of not just probable cause, but beyond a reasonable doubt. The entire case may hinge on whether consent was present or forensic evidence links a suspect to the crime.

Scope of the Crime — Why Rape Often Goes Unreported

According to the UCR, 94,635 persons were raped in the United States in 2004. Note: These figures represent only reported forcible rapes. Although we don’t know exactly how many people are raped each year, according to a 1999 FBI law enforcement bulletin, up to 84 percent of all sexual assaults go unreported. In Criminal investigation (McGraw Hill, 2006), the authors cite a series of studies indicating why women do not report being raped:

Worries of unsympathetic treatment from police and discomforting procedures;

Lack of belief in the police’s ability to apprehend the suspect;

Fear of further victimization by court proceedings (a result of television programs or newspaper reports);

Embarrassment about publicity, however limited; and

Fear of reprisal by the rapist.

Other textbooks on criminal investigation posit insensitive treatment by law enforcement personnel is the primary cause rape is not reported. This may be true in isolated instances, but in my 30 years of investigative experience, the police officers I’ve worked with fully understand the psychological trauma experienced by rape victims and go to great lengths to treat the victim with compassion and professionalism. What may be lacking is the coordinated skill set in investigation rape from organizational (administration to management), supervisory and line perspectives. This column will discuss dispatcher and first responder duties.

First Contact

The central theme behind the latest in computer-aided dispatching is a patrol strategy, which focuses on preventing crime and initiates rapid response if it does occur. Most police administrators plan police assignments under the theory of police omnipresence: the police are everywhere, and if you commit a crime you will be rapidly apprehended. However, according to Bureau of Justice statistics, almost 80 percent of forcible rapes occur in an indoor location and feature some relationship between the victim and offender. So, police patrol probably won’t prevent rape.

From a law enforcement perspective, we want to quickly arrest the perpetrator using investigative techniques that ensure a conviction and a process that causes the least amount of psychological trauma to the victim. More likely than not, this will begin with a call from the victim to police headquarters. How civilian-police dispatch or other communications personnel handle this initial contact proves critical. Depending on the variables presented in the initial contact, police administrators should ensure personnel do the following:

Ask the victim whether she has sustained serious physical injury and needs immediate medical assistance. If so, dispatch an ambulance;

Ask the victim if she can identify or describe the suspect. Follow protocol relative to providing this information to patrol units;

Immediately dispatch a patrol unit to the scene;

Tell the victim to wait for the police to arrive if she is in a safe location;

Instruct the victim not to alter her physical appearance or touch anything on scene; and

Advise the victim not to was or douche before she undergoes a medical examination.

The natural instinct of rape victims is to wash, douche, change clothing and use other self-help
mechanisms. First-contact personnel should do everything possible to ensure the victim does not doe this. In addition to the location where the rape actually took place (or in the case of an abduction, the point of contact and release), the victim is the crime scene. Although most forcible rape cases are legitimate and investigators should proceed under that assumption, investigators do have a responsibility to those falsely accused. We can best fulfill this responsibility by conducting a thorough investigation. Unlike many other crimes, convictions in rape cases may require corroborative evidence in addition to the victim’s testimony in court. This makes the proper gathering and documentation of physical evidence absolutely essential.

First Responder Duties

As with any other violent crime, the first officer on scene must ensure the victim receives medical attention. Paramedics must bring the victim to a hospital for medical care and a physical examination to establish the crime of rape or sexual assault. Investigators will take the victim’s garments as evidence, so officers should bring a change of clothes for the victim to the hospital whenever possible. The time to plan for this is early in the interaction. Many victims will have an advocate or friend with them to call on their behalf. Give this person the assignment of getting a change of clothing for the victim. Maintaining the chain of evidence is crucial, and a police officer, preferably a female officer, should accompany the victim in the ambulance.

In addition to following normal procedures in protecting primary and secondary crime scenes, one of the first responders (preferably a female officer) should conduct a preliminary interview with the victim in private to determine if she knows or can identify the person who raped her. The officer should obtain a physical description of the rapist and ask the victim to explain what happened. The investigator, a rape counselor, or another care provider will conduct a detailed follow-up interview in a setting most comfortable to the victim.

http://www.policeone.com/police-products/investigation/evidence-management/articles/509858-Investigating-Rape-Crimes-Part-1-Guidelines-for-first-responders/

What is Rape Kit?

2009-03-25T12:14:00.000-07:00

The biological and physical evidence collected from a victim of a sexual assault is collectively known as a “rape kit.” The term is also used to describe a case which holds necessary equipment for carrying out an examination on a rape victim. A rape victim is always allowed to decline a rape kit and still receive medical treatment, although collection of evidence is strongly encouraged. In addition to leading police to the perpetrator, a rape kit can also bolster the case in court, should it come to trial.

Being sexually assaulted can be extremely traumatic. For this reason, many communities have Sexual Assault Response Teams (SARTs). The members of a SART receive special training in dealing with victims of assault and collecting evidence. They commonly include medical personnel, law enforcement, and employees of a crisis center who can provide advice, counseling, and support to victims. Generally, SART representatives recommend that a rape kit be collected with 72 hours of a sexual assault.

An examination after a sexual assault usually starts with taking photographs of the victim and collecting his or her clothing. Next, medical personnel treat any emergent injuries which require care, while documenting these injuries for the record. Blood and urine samples are taken, and swabs of the oral and genital area are collected as well. Commonly, samples of the victim's hair will be taken, and a nurse will collect biological evidence which may convict the attacker, such as bodily fluids and hair. In addition, the patient will usually be offered prophylactic treatment for sexually transmitted diseases and pregnancy, if these are concerns.

Since this examination can be upsetting, having all the necessary equipment ready to hand is very important. This minimizes traffic to and from the examination room, allowing the medical staff member to focus on the patient's medical as well as physical care. In many hospitals, there is a special room set aside for the collection of evidence in assault cases. The room may be decorated in a more friendly way, and it often includes a private bathroom.

In many regions, a hospital can collect a rape kit and hold it while the victim decides whether or not to report the crime to the police. Privacy laws may also prevent the hospital from disclosing the name of the victim, although the hospital may report the crime to law enforcement. For patients who are not sure about whether or not they want to prosecute, collecting and storing the rape kit is like a form of insurance.

Once reported to law enforcement, representatives of a criminal lab pick up the rape kit and subject the contents to analysis. Lab work may establish who committed the crime, or at least provide valuable clues. Along with other evidence in criminal cases, a rape kit is closely guarded once it has been collected, to reduce the risk of evidence tampering or contamination.

http://www.wisegeek.com/what-is-a-rape-kit.htm

What is a Rape Crisis Center and what does it do?

2009-03-23T12:39:00.000-07:00

This is the mission statements of the Main Rape Crisis Center

OUR MISSION STATEMENT
The Rape Crisis Center for children and adults was founded in 1975 to provide comprehensive services to sexual assault victims and their families.
The Center also conducts sexual assault education programs across Bexar County and surrounding areas.

OUR MISSION STATEMENT
In the mid-1970s, community leaders, activists, and survivors of sexual assault had a vision to create a nonprofit agency that would support victims of sexual assault in San Antonio and Bexar County. The Rape Crisis Center began providing supportive services to victims in November 1975. The Center's goal was to ensure victims of sexual violence would have a responsive medical community, sensitive law enforcement officials, and active prosecution system.
Established as a private, nonprofit, 501(c)(3) agency, the Rape Crisis Center receives funding federal, state, local funding, as well as funding from private individuals, foundations and the business community.

http://rapecrisis.com/about-rcc-history.php

This is the mission statement of Westminster's Crisis Center

The Rape Crisis Intervention Service of Carroll County (RCIS) is a Private Non-Profit Agency serving Carroll County, Maryland, since 1978. RCIS provides free counseling and support services to victims of sexual violence and their families. We also offer prevention education programs and professional training in order to eliminate sexual violence through education and advocacy

http://www.rapecrisiscc.org/

Rape Crisis Centers are helpful in counseling victims of sexual violence and their families to deal emotionally after the act(s).

Situations that could lead to sexual violence on campuses

2009-02-23T12:34:00.000-08:00

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.

Who are the bystanders in Rape Crime? Why don't they interfere?

2009-02-16T12:32:00.000-08:00

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?

Who are the Victims of Rape?

2009-02-11T13:02:00.000-08:00

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.

Who is a rapist or sexual offender?

2009-02-04T12:40:00.000-08:00

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.

What is Rape?

2009-01-28T13:11:00.000-08:00

I believe rape is the force of any sexual act against one's will.

According to dictionary.com Rape is defined as:

1.	the unlawful compelling of a woman through physical force or duress to have sexual intercourse.

2.	any act of sexual intercourse that is forced upon a person.

3.	statutory rape.

4.	an act of plunder, violent seizure, or abuse; despoliation; violation: the rape of the countryside.

http://dictionary.reference.com/browse/rape

Maryland Law has recently been changed so that a woman who may have previously consented to sexual intercourse can decide to stop during the act and it can be considered rape if the male doesn't obey woman's demands.

http://www.washingtonpost.com/wp-dyn/content/article/2008/04/16/AR2008041602921.html

General Law of United States and History of Rape Crimes

A criminal offense defined in most states as forcible sexual relations with a person against that person's will.

Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. Rape laws in the United States have been revised over the years, and they vary from state to state.

Historically, rape was defined as unlawful sexual intercourse with a woman against her will. The essential elements of the crime were sexual penetration, force, and lack of consent. Women who were raped were expected to have physically resisted to the utmost of their powers or their assailant would not be convicted of rape. Additionally, a husband could have sex with his wife against her will without being charged with rape. Beginning in the 1970s, state legislatures and courts expanded and redefined the crime of rape to reflect modern notions of equality and legal propriety.

As of the early 2000s, all states define rape without reference to the sex of the victim and the perpetrator. Though the overwhelming majority of rape victims are women, a woman may be convicted of raping a man, a man may be convicted of raping a man, and a woman may be convicted of raping another woman. Furthermore, a spouse may be convicted of rape if the perpetrator forces the other spouse to have nonconsensual sex. Many states do not punish the rape of a spouse as severely as the rape of a non-spouse.

Many states also have redefined lack of consent. Before the 1970s, many courts viewed the element of force from the standpoint of the victim. A man would not be convicted of rape of a competent woman unless she had demonstrated some physical resistance. In the absence of physical resistance, courts usually held that the sexual act was consensual. In the early 2000s in many states, the prosecution can prove lack of consent by presenting evidence that the victim objected verbally to the sexual penetration or sexual intrusion.

Lack of consent is a necessary element in every rape. But this qualifier does not mean that a person may make sexual contact with a minor or incapacitated person who actually consented. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. Persons who are physically or mentally helpless or who are under a certain age in relation to the perpetrator are deemed legally incapable of consenting to sex.

http://legal-dictionary.thefreedictionary.com/rape

The Medical Definition of Rape

Rape: Forced sexual intercourse; sexual assault; sexual intercourse between an adult and a minor. Rape may be heterosexual (involving members of opposite sexes) or homosexual (involving members of the same sex). Rape involves insertion of an erect penis or an inanimate object into the female vagina or the male anus. Legal definitions of rape may also include forced oral sex and other sexual acts.

Heterosexual rape usually refers to an assault in which a male forces himself upon a female, and homosexual rape usually refers to an assault in which a male forces himself upon another male. However, both terms (heterosexual and homosexual rape) have been used to refer to an assault in which a female forces herself upon a male or a female.

http://www.medterms.com/script/main/art.asp?articlekey=12412

Second Post

2009-01-26T12:45:00.000-08:00

Oh Heyyy