Karen Desuyo
Sosc 13 (7:30-9:00) PM
In “Marital Rape Amongst Men”, Chudi-Arinze explained that ‘Marital Rape’ is the act of sexual intercourse with one’s spouse without the spouse’s consent. She also added that historically, sexual intercourse within marriage was regarded as the right of spouses. However, engaging in the act without the spouse’s consent has now been widely recognized by law and society as wrong and as a crime. Futhermore, Chudi-Arinze argued against the beliefs of society that men are untouchable and that all are powerful therefore, they cannot be a victim of rape. She wants to shed light on the fact that men can also be victims of marital rape and not just women.
Marital rape laws can be highly misleading with regard to what
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Instead, case after case of men being raped were reported but not marital rape. There is actually a thin line of difference between ‘rape’ and ‘marital rape’ wherein ‘rape’ is a forced sexual intercourse with a person (male or female not restricted by spousal titles) and when it is comes to husband and wife we name it as ‘marital rape’. Though she cited examples of rape that occurred between husbands and wives like how the victim explained that he was being raped by his neighbour’s wife because of his vulnerability. The only set-back to it was that the husband (victim) was raped by the wife (perpetrator) of another husband and not really the wife of the victim. On another similar case, a sex starved wife forced her husband’s bestfriend to have sex with her. The victim then stated that the wife kept phoning and pestering him and said: “So when I went to her room, she undressed herself in front of me and forced me to have sex.” and when the husband of the wife found out about it he sued both of them. Later on, the husband’s bestfriend amitted having sexual relationship with the wife. Can this still be validated as ‘marital rape’ ? Can a man be aroused against his will ? If not, does his arousal amount to consent ? If the male victims were to claim seduction charges, how can they be proven ? It’s easier for the case of women to claim seduction …show more content…
But despite his complaint and being threatened by his wife to sleep with her friends, he made statements like: “It was embarrassing, but I have to admit secretly I loved it”, “the idea appealed to me” and “it was cool having sex with those women”. How can this example be even considered as ‘marital rape’ ? When the victim was obviously in favor of the situation. I have also come across with Chudi-Arinze’s statement saying : “Rape is a very delicate issue and no one should be blamed for rape.” I find this statement ludicrous and
Rape is a hidden epidemic that affects many lives world wide. It is a problem that is so terrifying and uncomfortable that people do not talk about it. John Krakauer, author of Missoula, focuses on this issue of rape in the college town of Missoula, Montana. His focus is specifically on the case of Allison Huguet and Beau Donaldson. As the progression of Allison 's case continues we learn of more and more rape cases that happened to women on this same campus. A majority of women do not report these cases, we later learn as Krakauer continues through Allison 's case, because reporting and pursuing the case would be giving their life away. [4] Of course Allison decides to go through the trails of Beau Donaldson, however it is obvious that it is extremely difficult to convict someone with little evidence. As hard of a read as Missoula
USlegal.com defines forcible rape as the victim is prevented from resisting the sexual act because of the offender’s use of force or threats of physical violence. Since there was about 8 years between them he would have been strong enough to hold her down easily. Amir (1967) states that forcible rape happens once the victim and the offender are drawn together, a process is set in motion whereby victim behavior and the situation which surrounds the encounter will determine the course of events leading to the crime. The brothel boy probably felt that this girl was the only one who genuinely cared about him and was nice to him and wanted to show her that he felt the same way. From constantly being around the actions in the brothel house he believed that that is how to show affection to someone. But because of his lack of education he didn’t know that intercourse required consent from both parties. He couldn’t have figured out that her fighting wasn’t part of the intercourse and that she was trying to get away from
existent within the unwanted advances adds another reason as to why this is explicitly rape and
Legally, one might wonder how sexual assault is defined. According to Massachusetts State law, there are two major categories of sexual assault against adults. One of these is rape, and the other is indecent assault and battery. Rape is defined as “sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury.” Rape and attempted rape are punishable by up to 20 years in prison.
Men are usually more aggressive, and women are seen as passive. Vogelman: This socialization process is changing, but slowly. Rape is non-consensual sexual intercourse that a male performs against a woman whom he is neither married to or cohabiting with. The definition of rape changes by geographic location.
Rape is an issue that usually occurs to females and is more likely executed by males than females. Nonetheless, a female’s position in rape can and does go further than being the victim. Considering that women can be the perpetrator in this sexual assault, who are their victims? Rape can occur to anyone by anyone. In the same way a female can be a victim of rape, so can a male. According to RAINN, an anti-sexual assault organization, “About 3% of American men have experienced attempted or completed rape as of 1998, an estimated 4.5 million as of 2010” (Who Are the Victims?). However, men are not necessarily the victims of solely female-on-male rape. In fact, the majority of males who are raped are the victims of male-on-male rape and
As Estrich demonstrates, the law on rape has major flaws. The law exposes traditions and attitudes that surround women and sex. It condones the idea that sex contains male aggression and female passivity. The law uses three different criteria to label an act of sex as rape: mens rea, force, and consent. Estrich feels that these features demonstrate sexist attitudes within the law. Our legal system abandon’s mens rea which is Latin for “guilty state of the mind.” It is the perpetrator’s ability to understand force and non-consent. A woman must demonstrate resistance. The man can escape by stating he did not realize the woman was not consenting. So, the court turns to the woman to see if she provided proper evidence that she did not consent to the sex.
Rape itself has been around since the beginning of time, and its definition has changed over the years. In the United States before 1993, a woman could not charge her husband for rape. The definition of rape varies by state, and each state has it’s own set of rape laws. According to Women Against Violence Against Women (WAVAW), rape culture “is a term that was coined by feminists in the United States in the 1970’s. It was designed to show the ways in which society blamed victims of sexual assault and normalized male sexual violence.
This typology involves either a passive woman who abuses due to an abusive male partner or a male-female couple who both equally abuse (Vandiver & Kercher). There are many issues involved with these typologies. The first issue is that the male becomes primarily responsible for the abuse instead of the female. In the situation of a passive woman whose abusive partner forces her to abuse, the victims of the abuse are most often their own children. In situations of domestic abuse, most women worry about the safety of their children or others before their personal safety. This makes it difficult to believe that a woman, even under severe abuse, would harm her children. In the case of a team who takes part in the abuse equally, when coupled with the idea that women are not physically capable of violence, the male gets burdened with the responsibility for the crime. The titles of the typologies themselves place the largest emphasis on the male and hence unconsciously place the responsibility of the crime on the male partner. Comparatively the male typologies use a more gender neutral term, “gang rape,” which makes all participating offenders responsible for the crime regardless of their level of participation. The criminal justice system overlooks these female offenders because of the idea that they
Rape was considered a crime at the time, but Common law made it impossible for man to be persecuted for abusing or raping his property. The unities theory also was a cause to making it impossible to prosecute, this theory made it ineligible for domestic violence victims to file for suits for physical damage. Through the years Acts and laws have been passed to help women gain equality, protection, and rights but no immediate change affected the legality of marital rape. Until the 1970’s in the United States, member of acts and movements fought to criminalize marital rape. On July 5, 1993, marital rape became a crime in all 50 states in at least one section of the sexual offense codes. Like the domino effect, the laws begin to gain national attention across the world and countries begin to consider
In “Sex and Violence: A Perspective,” MacKinnon turns her focus to the common definition of rape as a form of violence. The categorizations of rape, sexual harassment, and pornography as forms of violence are problematic in themselves because they do not capture the reality of sex. In fact, much of intercourse is about violence (MacKinnon p. 268), in the way that power and dominance are extremely eroticized, thus to say “rape is violence” is a misnomer. MacKinnon brings one’s attention to the construction of rape, which separates rape from intercourse based on the amount of force applied (p. 268). This definition is especially legitimate in the legal system, which derives solely from a male point of view: it is called rape when there is penetratio...
The one who is coercing another must act intentionally. It is not that their actions happened to result in another wanting them to have sex with you, it is instead that the perpetrator has a “knowledge of wrongdoing” (Griffin, 2012, p. 135) due to a lack of genuine consent on behalf of the victim, or that the perpetrator should have had some insight into the dangers of the situation they are in (Conly, 2004, p. 104). The second condition is that there has to be a lack of choice for the person who is under the “coercive pressure” (Conly, 2004, p. 105) so that any choice they make is “between illegitimate options” (Conly, 2004, p. 105). The third condition for coercion is that the actions of the coercer cause a sufficient harm, where the person who is being coerced is placed under such great “psychological pain” (Conly, 2004, p. 106) that any decisions they make after that pain are affected.
A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.(Yifat Bitton) offers in Chapter Six a feminist perception of the treatment of women victims of sexual violence in the justice system that is needed to prevent further victimization and to overcome the consequences of the initial victimization. I read a lots of things and the law has change in some ways seen O.J. Simpson trial and there are more things put into place for women who are abused and those who are sexual assaulted and the law are for to protect those who have suffer in this way. I believed that Mr. Simpson knew his wife
Marital rape is unwanted sexual intercourse performed by a spouse. Often time’s marital rape is a more than one time occurrence. Marital rape is associated with abuse; it can often involve physical abuse and emotional abuse between husband and wife. Marital rape can be just as violent as stranger rape.
... articles had extremely similar results. Which allows us to think that the information in the studies is very reliable. Rape is not only a hard topic because cases may go unreported, but it’s also because it leaves the victims emotionally distraught. Getting women to be able to participate in a study is probably the last thing they want to do. No woman wants to have to explain her attack and relive that time again. And yes, researchers could just get their statistics from different law enforcement records but I think that if we actually studied the victim and got first hand knowledge from them, our data would be that much more accurate. Depending on what area one is studying, the records can only tell you so much, and it is all hearsay. Having the personal experience in the research, I think would be very helpful in understanding the attacks of each type of rapist.