Sexual violence is perceived as a gendered crime of power. The law claims that rape is a crime. However, when rape cases are brought before the legal system, they are hit with the allegation of “rape myths” and the victim’s legitimacy is questioned and undermined by legal representatives and jurors; thus the public.
This has resulted in rape being the most under reported crime.
The aim of this paper is to examine the reasons why society blames the victims rather than the perpetrators and to explore why they commit sexual violence offences.
I will mainly draw on the piece of Young, which draws on transcripts to demonstrate the way in which lawyers deteriorate the victim’s legitimacy. Using other sources, I will attempt to explain how and why victims of rape are blamed for this crime.
Young examines using trial transcripts, observations and discussions with legal personnel whom have been involved in rape trials and analyses the way in which females are “figured in the law of rape”. This is relevant to showing how women’s stories are challenged before the law and how they remain unheard by the legal system.
This piece looks at “the linguistic mechanisms through which legal power is realized and reproduced”. Thus it focuses on the crime of sexual assault and the prosecution of sexual violence perpetrators. By attempting to understand why the victims of rape are revictimized by the legal system, it looks at the political and legal discourses, paying exclusive attention to power and domination. By doing so, it assists in explaining how rape is “an exercise of power” over the weak.
Chapter 7- the politics of law making, discusses the relationship that is present between power and the law. The power imbalances that...
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Rape Myth Attitudes in Rural Kenya: Toward the Development of a Culturally Relevant Attitude Scale and ''Blame Index'', Paula Tavrow, Mellissa Withers, Albert Obbuyi, Vidalyne Omollo and Elizabeth Wu.
Since the second wave of feminism in the 1960’s women have demanded for equality rights. The R V. Ewanchuck case created many disagreement’s with feminists on the topic of rape myths. It has not only been seen as a precedent for the criminal law but as well an eye opener for the society to create awareness for this act. Since society continues to support most rape myths, it overlooks the act itself and puts the blame and responsibility on the victim as opposed to the perpetrator. This has created a rape culture within society. The term rape culture was created to demonstrate the ways in which victims were blamed for sexual assault, and how male sexual violence was normalized. Feminists are exploring the world of rape myths in Canadian law
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
The criminal justice system is dynamic and has changed rapidly since the works of Cesare Beccaria and Cesare Lombroso during Enlightenment Period and this reflects in the issue of intersectionality with the changing approaches taken towards concepts of gender, race and class. Sexual assault will be a predominate study used throughout the essay to examine the different approaches and issues between traditional and non-traditional justices. This essay will first establish where are these intersectionalities found in terms of sexual assault cases and the challenges victims face in the legal process with traditional approaches then followed by a comparison to the transition towards non-traditional alternative justice system has responded with a deeper insight into restorative justices and its effects on resolving these challenges. The role of alternative justice and the key challenges in disproportionate crimes are also important aspects of intersectionality in Australia as they aim to resolve challenges women and the mentally disabled encounter during processing through court in the criminal justice system.
One of the most horrible things that has erupted from the subjugation of women is rape culture. Rape culture is the downplaying of the crime of rape to appease the violator, the accusation that the victim made a choice that led to their rape, or even jokes that suggest rape. According to Jessica Valenti’s, “In Rape Tragedies, the Shame Is Ours,” in today's world many people give in to rape culture by participating in these acts that somehow change our mindsets into believing that, “it is more shameful to be raped than to be a rapist”. Once ...
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “it would do some women good to get raped,” from a historical perspective, lead us for better understanding how they evolved. Women are still seen as the property of men, are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men are usually more aggressive, and women are seen as passive. (Vogelman) This socialization process is changing, but slowly.
Barristers' Perspectives on Rape and the Sexual Offences Act 2003 - (2010) 174 JPN 47
When the victim does not fit the ideal victim attributes which society has familiarised themselves with, it can cause complications and confusion. Experts have noticed there is already a significant presence of victim blaming, especially for cases involving both genders. The fear of being blamed and rejected by the public is prominent in all victims. Victim blaming proclaims the victim also played a role in the crime by allowing the crime to occur through their actions (Kilmartin and Allison, 2017, p.21). Agarin (2014, p.173) underlines the problem of victim blaming is due to the mass of social problems and misconceptions within society. The offender can have “an edge in court of public opinion” if victim blaming exists, resulting in the prevention of the case accomplishing an effective deduction in court (Humphries, 2009, p.27). Thus, victims will become more reluctant to report offences because of their decrease in trust in the police and criminal justice system, leading to the dark figure of
...fute known assumptions about rape but this idea has persisted because it is easier to blame to victim. This can also been seen in anther statement made in the article “ the legal system has historically treated claims of rape with skepticism” (Flowe et al. 160). Women were supposedly known for claiming false accusations of rape and were; therefore, viewed as “promiscuous” and “inconsistent” (Flowe et al. 172). This deterred women from reporting their rape; also another deterrent was the process that they had to go to. Women had to publicly repeat intimate details of their story and sexual history to multiple people, undergo interrogations and be poked and prodded by doctors looking for evidence to support their claims. The system was not geared towards victims, but to protect perpetrators from false accusations.
It is not a topic that is brought up often, especially at schools or at gatherings, yet it is crucial that everyone be educated, or at least informed on a topic that affects women every day. “Given that sexual violence continues to occur at high rates in the United States, it is vital that we understand attitudes and cultural norms that serve to minimize or foster tolerance of sexual violence” (Aosved, 481). Growing rates of sexual violence goes to prove that it is not taken seriously by many, especially when myths excuse the actions of the perpetrator and instead guilt victims into thinking they are responsible for the horrible act. Burt (1980), in her article titled, “Cultural myths and support for rape” attempts to make sense of the importance of stereotypes and myths, defined as prejudicial, stereotypes, or false beliefs about rape, rape victims and rapists- in creating a climate hostile to rape victims (Burt, 217). Examples of rape myths are such sayings as “only bad girls get raped”; “women ask for it”; “women cry rape” (Burt, 217). This only goes to prove that rape myths against women always blame and make it seem like it is the women’s fault she was raped and that she deserved it for “acting” a certain way. McMahon (2007), in her article titled, “Understanding community-specific rape myths” explains how Lonsway and Fitzgerald (1994) later described rape myths as “attitudes and beliefs that are generally
Valenti, Jessica. “Purely Rape: The Myth of Sexual Purity and How it Reinforces Rape Culture.” Yes means Yes: Visions of Female Sexual Power & a World without Rape. Eds. Friedman, Jaclyn. Valenti, Jessica. Berkeley: Seal Press, 2008. 299-304. Print
The defining aspect of a rape culture is often the blaming of victims. Too often victims are confronted with a line of questioning that shifts focus from the perpetrator of the sexual assault, but on the victim. In the book Asking For it by Kate Harding, she explains, “if rape is the violation of a person’s autonomy, the use of another person’s body against their wishes, then it shouldn’t matter what the victim was drinking, how much sexual experience she had before, and the signs of struggle on her body.” This trend of blaming victims also occurs on college campuses. Many college counselors tasked with the job of representing and protecting students use language to suggest the victim is somehow at fault.
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “women secretly enjoy rape,” from a historical perspective, can lead us for better understanding how they evolved. Much stems back to the idea that women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men a...
Women all over the world are victims of sexual assault and completed rape. One out of every six women in the United States are estimated to be violated sexually according to recent statistics, (RAINN, 2018). With the number of assaults occurring on women increasing, the societal attitude that surrounds sexual assaults and completed rapes also becomes more prevalent. Society appears to minimalize the experience of female victims, while provides a strong ‘benefit of the doubt’ mentality toward the male being accused. Clear examples of this have recently presented themselves regarding celebrities. Most of these celebrities have denied the claims against them and have not been prosecuted; despite numerous testimonies of first hand experienced
Victims who were under the influence may feel as though their report won’t be validated since they chose to go out and chose to get drunk. Judge Lindsay Kushner made the claim that, “yes, you can drink yourself daft and you can use your body how you want, but if you do you are more likely to get raped.” But what must be noted is that the victim did not choose to get raped and the intent of rape ultimately lies with the perpetrator. This point of view emphasizes the traditional ideology of gender roles in sexual assault cases when women are the