Michael Cera Delivers the Rape
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- Duration: 3:55
- Published: 2009-02-19
- Uploaded: 2011-02-24
- Author: Huckelberry88
Michael Cera tries meeting women online and gets a request to deliver the rape.
| Name | Sexual assault |
|---|---|
| Icd9 | |
| Medlineplus | 001955 |
| Emedicine mult | |
| Meshid | D011902 |
In criminal law, rape is a type of sexual assault usually involving sexual intercourse, by one person against another person without that person's consent.
According to the American Medical Association (1995), sexual violence, and rape in particular, is considered the most under-reported violent crime. The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions. The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female and 9% are male, with 99% of the offenders being male.
When part of a widespread and systematic practice, rape and sexual slavery are recognized as 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.
The term sexual assault is closely related to rape. Some jurisdictions define "rape" to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault. The terminology varies, with some places using other terms. For example, Michigan, United States uses the term "criminal sexual conduct". In some jurisdictions, rape is defined in terms of sexual penetration of the victim with or without penetration of objects. Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape. Instead, such an act is called a "violent attack against someone's modesty" ("Atentado violento ao pudor").
Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent. Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. Even blackmail may constitute duress. The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word 'consent': "a physical invasion of a sexual nature committed on a person under circumstances which are coercive."
Valid consent is also lacking if the victim lacks an actual capacity to give consent, as in the case of a victim who is a child, or who has a mental impairment or developmental disability. Consent can always be withdrawn at any time, so that any further sexual activity after the withdrawal of consent constitutes rape.
The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations. (See age of consent.) Such cases are sometimes called statutory rape or "unlawful sexual intercourse", regardless of whether it was consensual or not.
In times gone by and in many countries still today marriage is said to constitute at least an implied consent to sexual intercourse. However, marriage in many countries today is no longer a defense to rape or assault. In some jurisdictions, a person cannot be found guilty of the rape of a spouse, either on the basis of "implied consent" or (in the case of former British colonies) because of a statutory requirement that the intercourse must have been "unlawful" (which is legal nomenclature for outside of wedlock). However, in many of those jurisdictions, it is still possible to bring prosecutions for what is effectively rape by characterizing it as an assault.
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.
However they also note that "individuals may endorse rape myths and at the same time recognize the negative effects of rape."
Rape is a crime in most places and usually reported to the police. However, the trauma of rape often leads victims to first contact a hotline, such as the Rape, Abuse & Incest National Network, which then counsels them and will, if requested, direct them to a local rape crisis center. Many police departments and hospital emergency rooms will also arrange a counselor from a rape crisis center.
The legal requirements for reporting rape vary by jurisdiction - each U.S. state may have different requirements
In 2007, 40% of the 90,427 forcible rapes reported were cleared by arrest or "exceptional means." Exceptional means refers to situations where the victim refuses to provide information or assistance necessary to obtain an arrest, the defendant dies before being arrested, or the defendant cannot be extradited from another state.
{| class="wikitable" |- ! Source: ! Current or Former Intimate Partner ! Another Relative ! Friend or Acquaintance ! Stranger |- | US Bureau of Justice Statistics | 26% | 7% | 38% | 26% |- | Australian Government Statistics | 56% | 10% | 27% | 8% |- | UK Home Office (for comparison) | 45.4% | 13.9% | 29.6% | 11% |}
South Africa has some of the highest incidences of child and baby rape in the world with more than 67,000 cases of rape and sexual assaults against children reported in 2000. A common myth holds that sexual intercourse with a virgin will cure a man of HIV or AIDS. Child abusers are often relatives of their victims - even their fathers and providers. According to researcher Suzanne Leclerc-Madlala, the myth that is not confined to South Africa. “Fellow AIDS researchers in Zambia, Zimbabwe and Nigeria have told me that the myth also exists in these countries and that it is being blamed for the high rate of sexual abuse against young children.”
The largest and most rigorous study was commissioned by the British Home Office and based on 2,643 sexual assault cases (Kelly, Lovett, and Regan, 2005). Of these, 8% were classified by the police department as false reports. Yet the researchers noted that some of these classifications were based simply on the personal judgments 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 and excluding cases where the application of the cases where confirmation of the designation was uncertain reduced the percentage of false reports to 3%. The researchers concluded that “one cannot take all police designations at face value” and that “[t]here is an over-estimation of the scale of false allegations by both police officers and prosecutors.” Moreover, they added that
Another large-scale study was conducted in Australia, with the 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 with sufficient information to make an appropriate determination, and found that 2.1% of these were classified by police as false reports. All of these complainants were then charged or threatened with charges for filing a false police report.
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%. However, “unfounded” is not synonymous with false allegation and as Bruce Gross of the Forensic Examiner explains,
It is most commonly reported that around 2% of reported rape cases are false accusations. In an academic review in the Loyola of Los Angeles Law Review, Edward Greer could not find primary sources for this often repeated figure. A 2006 review by Philip Rumney in the Cambridge Law Journal found several that supported that the figure is around 2%, but only one small (545-case) study that could be a source of the 2% figure, and expressed doubt about each's methodology.
Purdue sociologist Eugene Kanin (1994) summarized rape reports in a small Midwestern town between 1978 and 1987 and found that the police department determined 41% of the 109 sexual assault reports to be false. The police department made a “serious offer to polygraph” all rape complainants. David Lisak (2007) argues that Kanin’s is not a research study, because it only puts forth the opinions of the police officers without any further investigation on his part and that it is "a provocative opinion piece, but it is not a scientific study of the issue of false reporting of rape" and that it "certainly should never be used to assert a scientific foundation for the frequency of false allegations." Similarly, John Bancroft states that a search of the literature on false rape reports reveals that Kanin's figure of 41% false rape reports is regarded as unusually high. Lisak later performed his own study, published in 2010 in Violence Against Women, which found a false allegation rate of 5.9%.
In ancient history, rape was viewed less as a type of assault on the female, than a serious property crime against the man to whom she belonged, typically the father or husband. The loss of virginity was an especially serious matter. The damage due to loss of virginity was reflected in her reduced prospects in finding a husband and in her bride price. This was especially true in the case of betrothed virgins, as the loss of chastity was perceived as severely depreciating her value to a prospective husband. In such cases, the law would void the betrothal and demand financial compensation from the rapist, payable to the woman's household, whose "goods" were "damaged". Under biblical law, the rapist might be compelled to marry the unmarried woman instead of receiving the civil penalty if her father agreed. This was especially prevalent in laws where the crime of rape did not include, as a necessary element, the violation of the woman's body, thus dividing the crime in the current meaning of rape and a means for a man and woman to force their families to permit marriage. (See .)
The word rape itself originates from the Latin verb : to seize or take by force. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is quite complex. In Roman law, rape was classified as a form of crimen vis, "crime of assault." Unlike theft or robbery, rape was termed a "public wrong" iniuria publica as opposed to a "private wrong" iniuria privita. 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. Emperor Justinian confirmed the continued use of the statute to prosecute rape during the 6th 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 ecclesial 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.
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."
The medieval theologian Thomas Aquinas argued that rape, though sinful, was much less unacceptable than masturbation or coitus interruptus, because it fulfilled the procreative function of sex, while the other acts violated the purpose of sex.
During the Colonization of the Americas, the rape of native women was not held to be a crime under Spanish Law as the persons in question were Pagan and not Christian.
The modern criminal justice system is widely regarded as unfair to sexual assault victims. Both sexist stereotypes and common law combined to make rape a "criminal proceeding on which the victim and her behavior were tried rather than the defendant". Additionally, gender neutral laws have combated the older perception that rape never occurs to men,
Since the 1970s, many changes have occurred in the perception of sexual assault due in large part to the feminist movement and its public characterization of rape as a crime of power and control rather than purely of sex. In some countries the women's liberation movement of the 1970s created the first rape crisis centers. One of the first two rape crisis centers, the D.C. Rape Crisis Center, opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim. In 1960 law enforcement cited false reporting rates at 20%. By 1973 the statistics had dropped to 15%.
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. Documents written during or after Genghis Khan's reign say that after a conquest, the Mongol soldiers looted, pillaged and raped. Rogerius, a monk who survived the Mongol invasion of Hungary, pointed out not only the genocidal element of the occupation, but also that the Mongols especially "found pleasure" in humiliating women.
The systematic rape of as many as 80,000 women by the Japanese soldiers during the six weeks of the Nanking 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.) The Red Army carried out a massive campaign of gang rape as they went through Germany and Hungary.
It has been alleged that an estimated 200,000 women were raped during the Bangladesh Liberation War by the Pakistani army (though this has been disputed by many including the Indian academic Sarmila Bose ), and that at least 20,000 Bosnian Muslim women were raped by Serb forces during the Bosnian War. Wartime propaganda often alleges, and exaggerates, mistreatment of the civilian population by enemy forces and allegations of rape figure prominently in this. As a result, it is often very difficult, both practically and politically, to assemble an accurate view of what really happened.
Commenting on rape of women and children in recent African conflict zones UNICEF said that rape was no longer just perpetrated by combatants but also by civilians. According to UNICEF rape is common in countries affected by wars and natural disasters, drawing a link between the occurrence of sexual violence with the significant uprooting of a society and the crumbling of social norms. UNICEF states that in Kenya reported cases of sexual violence doubled within days of post-election conflicts. According to UNICEF rape was prevalent in conflict zones in Sudan, Chad and the Democratic Republic of Congo. It is estimated that more than 200,000 females living in the Democratic Republic of the Congo today have been raped in recent conflicts. Some estimate that around 60% of combatants in Congo are HIV-infected.
In 1998, the International Criminal Tribunal for Rwanda found that systematic rape was used in the Rwandan genocide. The Tribunal held that "sexual assault [in Rwanda] formed an integral part of the process of destroying the Tutsi ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide."
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