Crime Victims: An Introduction to
Victimology
Seventh Edition
By Andrew Karmen
Chapter Ten:
Victims of Rapes and Other
Sexual Assaults
1
Victims of Sexual Assault
 Pro-victim and anti-rape movement of 70s
exposed ongoing injustice, abuse and
systematic neglect
– Women fail to report for many reasons
– CJ system mainly men and more concerned
with relationship prior to the rape than the
violence caused by the rape
– Advocates claim rape is about power and
control—not love or passion
2
Definitions
 RAPE—Latin “rapere” taken by force
 Common Law Rape—unlawful carnal knowledge
committed by man against woman—not his wife
 Forcible Rape—Victim fears harm if they do not
comply. Lack of consent is key factor.
 Aggravated Rape—More than one assailant,
presence of a weapon, or injuries.
 Statutory Rape—Consensual with underage
partner.
3
Victims of Sexual Assault
 Real Rapes (Ideal Rapes) vs. Date Rapes
– Real Rapes defined as without question or
doubt. Elements consist of:
 Unsuspecting female, complete stranger, victim is
virtuous, very young, fights back, struggles and
suffers injuries, involved in wholesome activity when
occurred, when escapes—reports directly to police.
 Forensic evidence found
These cases treated with dignity and with sensitivity by
the CJ system.
4
Victims of Sexual Assault
 Doubts arise if any of the above missing
 Some argue that if rape preceded by series of
consensual sexual overtones, her “contributory
behavior” makes the rape less serious
 Advocates claim that what counts is that she was
stripped of control, denied right to make decision
and compelled to submit to someone else’s sexual
desire
 Legal definition hinges on coercion against nonconsenting person
5
Victims of Sexual Assault
 Contributory Behavior—forced intercourse
preceded by series of consensual acts—
less serious
 Acquaintance Rapes—existence of prior
relationship questions seriousness of act
 Victim Precipitation—are some rapes
involving certain circumstances less serious
due to prior conduct of the victim?
6
Victims of Sexual Assault
 Victim-Blaming Views
– Victim used alcohol or drugs
– Put herself in temptation opportunity situation
– Suggestive and seductive comments or dress
– Hitchhiking
– Date rape is “terrible misunderstanding” of what
she said or meant
– Certain lifestyles precipitate rape
7
Victims of Sexual Assault
 Two consequences from acceptance of
Victim-blaming
– Male less culpable if female shares
responsibility
– Girls and women must be better educated to
prevent miscommunication of their desires
 Misleading seductiveness might be taken as
“implied consent”
8
Victims of Sexual Assault
 Victim-Defending Perspective
– Nothing erotic or suggestive could justify such a
hostile act
– Using force should not be confused with making
love or engaging in sex
– Rape is an act of “hate and anger,” not “love or
lust”
– Rape prevention efforts should not just be
aimed at females
9
Incident Prevalence
 UCR vs. NCVS—See Figure 10.1, page 272
 NCVS—In 2006, 41% reported their rape to the
authorities—59% not reported
 Rape trends decreasing since 90s
 Portrait of victims
– Female late teens-early twenties
– Unmarried, low income
– Highest risk: black, unemployed, resides in
large city
– 55% raped by acquaintances, 44% strangers
10
Victims of Sexual Assault
 Consequences of Sexual Assault
– Rape Crisis Syndrome
– Post Traumatic Stress Disorder
– Some rapes are not completed, but still leave
psychological scars—some victims commit
suicide
Best Prevention Strategy: “Dual Response”
Calling out for help while simultaneously
pleading with or threatening the attacker
11
Accuser vs. Accused
 6th Amendment rights to wage a vigorous defense
 New Rape Victim Rights Legislation
 Several Defense Strategies
– Eyewitness error
– Deny it ever happened—attack victim credibility
– It happened but consensual—she changed her mind
after the event
12
Controversy Over Unfounded
Accusations
 Rape is unique crime:
credibility of victim is key
– Safeguards must prevent honest mistakes and
perjury/fraudulent allegations
– In the past, corroborative evidence was
required: rape kits, DNA, hospital tests, etc
13
Accuser vs. Accused
 Rape Shield Laws
 Force and Resistance
– Reasonableness standard—degree of
resistance that expresses non-consent can
depend on circumstances
14
Accuser vs. Accused
 Corroboration—not required unless:
– Victim is a minor
– Previously intimate with offender
– Did not promptly report crime
– Provides a version of events that is inherently
improbable and self-contradictory
15
Arrest, Prosecution and Adjudication
 59% not reported
 Reported if weapon used or injuries
 35% of those charged will have charges
dropped
 3% will be acquitted
 61% convicted
 Negotiated plea often justified as it spares
accuser having to recount the crime
16
Rape Crisis Centers
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24-hour hotline
Connect victims with advocates
Accompany to hospital/police/prosecutor
Arrange for counseling
Trains CJ members
Public education efforts
Offers self-defense strategies
17
Rediscovery of More Rape Victims
 Wives raped by husbands
– Wife has a right to say “no”
– Forcible rape of a spouse—1st law passed in
South Dakota, 1975
– 1990: every state provided no immunity if
husband filed for divorced or separated
– Occurrences not known—lack of reporting
18
Rediscovery of More Rape Victims
 Sexually Assaulted Males
 NCVS reported 125,000 male rape victims
in 1973-1982
 9% of reported rapes in one study: male on
male
 Prison Rape Reduction Act of 2003
– 13% of inmates raped by males
– Institutions put on notice they must detect,
prevent and punish rape behind bars
19
Reducing the Threat of Rape:
Three Approaches
1. Blame the victim (popular strategy of
past—not today): Encourage females to
not precipitate the crime through careless,
reckless or provocative behavior
2. Blame the Offender: predators are source
of problem—remove them from society
20
Reducing the Threat of Rape:
Three Approaches
3. Sociological approach
Rape outgrowth of social conditions, cultural themes
about women as sex objects for sexual gratification
– Real problem is patriarchal society
– Deterrence through incarceration teaches men a
lesson
– Long term strategy is to deal with popular culture
encouraging sexual behavior and must change
attitudes about women
21
Key Terms
Carnal Knowledge
Statutory Rape
Acquaintance
Rapes
Heiress stealing
Ideal types
Agency
Implied consent
Rape crisis
syndrome
Shield Laws
Post traumatic
stress disorder
(PTSD)
Dual verbal
defense
Series
victimizations
Reasonableness
Standard
Corroboration
Rape Kit
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