Rape in the United States
Encyclopedia
Nearly 90,000 people reported being raped in the United States
in 2008. There is an arrest rate of 25%.
United States Federal Law [Title 10, Subtitle A, Chapter 47X, Section 920, Article 120] defines rape as:
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.
In the United States the use of drugs, especially alcohol, frequently plays a part in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking account for 29% of all rapes.
Over two thirds of all rapes occur in someone's home. 30.9% occur in the perpetrators' homes, 26.6% in the victims' homes and 10.1% in homes shared by the victim and perpetrator. 7.2% occur at parties, 7.2% in vehicles, 3.6% outdoors and 2.2% in bars.
Most rape research and reporting to date has concentrated on male-female forms of rape. Research on male-male and female-male has commenced. However, almost no research has been done on female-female rape, though women can be charged with rape.
According to United States Department of Justice
document Criminal Victimization in the United States, there were overall 191,670 victims of rape or sexual assault reported in 2005. The U.S. Department of Justice compiles statistics on crime by race, but only between and among people categorized as black or white. In 2005 there were 111,490 white and 36,620 black victims of rape or sexual assault
. In 2005, out of the 111,490 cases involving white victims, 44.5% had white offenders and 33.6% had black offenders, while the 36,620 black victims had a figure of 100% black offenders, numbers of white offenders were estimated to be negligible. There were 194,270 white and 17,920 black victims of rape or sexual assault reported in 2006. However, the report does give a note that for the instances of white-on-black rape the statistic is based on 10 or fewer sample cases. According to the RAINN
about 3.3% of rapes in the US are black-on-white and 3.4% are white-on-black.
Some types of rape are excluded from official reports altogether, (the FBI's definition, for example, excludes all rapes except forcible rapes of females), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police do not advance to prosecution.
U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male, with 99% of the offenders being male. Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."
According to the National Crime Victimization Survey
, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 (that is, 2.4 persons from each 1000 people 12 and older were raped during that year) to about 0.4 per 1000 people, a decline of about 85%. There are several possible explanations for this, including stricter laws, education on security for women, and a correlation with the rise in Internet pornography
. But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a much higher victimization rate.
Rapes are very rarely reported to law enforcement. The 2007 report for the Department of Justice shows only 18% cases of forcible rape reported in the general population sample (even less so for drug-facilitated rape, 10%; numbers for the sample of college women are yet lower, with 16% reporting for forcible rape.) One factor relating to this under reporting may be the misconception that most rapes are committed by strangers. In reality, studies indicate the following, widely variable, numbers:
Relationship of victim to rapist
About four out of ten sexual assaults take place at the victim's own home.
applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, or a naval or U.S.-flagged merchant vessels in international waters. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.
Because there are 51 jurisdictions in the United States of America, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. Federal law does not use the term "rape". Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code
.
Under federal law the punishment for rape can range from a fine to Life imprisonment
. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used to override consent. If the perpetrator is a repeat offender the law prescribes automatically doubling the maximum sentence.
Kennedy v. Louisiana
, 554 U.S. ___ (2008) was a decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape with the death penalty if the victim does not die and death was not intended , therefore if a person is convicted of rape he or she is not eligible for the death penalty according to the US supreme courts Ruling Kennedy v. Louisiana 554 U.S. ___ (2008
Different categorizations and maximum punishments for rape under federal law
The reasons rape kits aren't often used are:
In one case, after a victim mentioned she had previously been raped 17 years before, an insurance company refused to pay for her rape exam and also refused to pay for therapy or medication for trauma, because she "had been raped before" – indicating a preexisting condition.
Some insurance companies have allegedly denied sexual-assault victims mental-health treatment,
stating that the service is not medically necessary.
VAWA 2005 requires states to ensure that a victim receives access to a forensic examination free of charge regardless of whether the victim chooses to report a sexual assault (for any reason) to law enforcement or cooperate with the criminal-justice system. All states must comply with the VAWA 2005 requirement regarding forensic examination in order to receive STOP Violence Against Women Formula Grant Program (STOP Program) funds. Under 42 U.S.C. § 3796gg-4, a State is not entitled to funds under the STOP Program unless the State or another governmental entity "incurs the full out-of- pocket cost of forensic medical exams . . . for victims of sexual assault." This means that, if no other governmental entity or insurance carrier pays for the exam, states are required to pay for forensic exams if they wish to receive STOP Program funds. The goal of this provision is to ensure that the victim is not required to pay for the exam. The effect of the VAWA 2005 forensic examination requirement is to allow victims time to decide whether to pursue their case. A sexual assault is a traumatic event. Some victims are unable to decide whether they want to cooperate with law enforcement in the immediate aftermath of a sexual assault. Because forensic evidence can be lost as time progresses, such victims should be encouraged to have the evidence collected as soon as possible without deciding to initiate a report. This provision ensures victims receive timely medical treatment.
Due to bureaucratic mismanagement in some areas, and various loopholes, the victim is sometimes sent a bill anyway, and has difficulty in getting it fixed.
's deliberate use of sexual assault (including rape) as a means of intimidating the African-American population in the Reconstruction period in the United States of America.
And as a means of justifying/encouraging segregation, the meme of the "black beast rapist" spread and shaped habits and attitudes.
Feminism
politicized and publicized rape as an institution in the late 20th-century. "New York Radical Feminists held a Rape Speak Out, where women discussed rape as an expression of male violence against women, and organized women to establish rape crisis centers and work towards reforming existing rape laws. This was the first attempt to focus political attention on the issue of rape."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 2008. There is an arrest rate of 25%.
United States Federal Law [Title 10, Subtitle A, Chapter 47X, Section 920, Article 120] defines rape as:
The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female
Female
Female is the sex of an organism, or a part of an organism, which produces non-mobile ova .- Defining characteristics :The ova are defined as the larger gametes in a heterogamous reproduction system, while the smaller, usually motile gamete, the spermatozoon, is produced by the male...
and 9% are male, with 99% of the offenders being male.
Rape statistics
Rape prevalence among women in the U.S. (the percentage of women who experienced rape at least once in their lifetime so far) is in the range of 15%–20%, with different studies agreeing with each other. (National Violence against Women survey, 1995, found 17.6% prevalence rate; a 2007 national study for the Department of Justice on rape found 18% prevalence rate.)In the United States the use of drugs, especially alcohol, frequently plays a part in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking account for 29% of all rapes.
Over two thirds of all rapes occur in someone's home. 30.9% occur in the perpetrators' homes, 26.6% in the victims' homes and 10.1% in homes shared by the victim and perpetrator. 7.2% occur at parties, 7.2% in vehicles, 3.6% outdoors and 2.2% in bars.
Most rape research and reporting to date has concentrated on male-female forms of rape. Research on male-male and female-male has commenced. However, almost no research has been done on female-female rape, though women can be charged with rape.
According to United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
document Criminal Victimization in the United States, there were overall 191,670 victims of rape or sexual assault reported in 2005. The U.S. Department of Justice compiles statistics on crime by race, but only between and among people categorized as black or white. In 2005 there were 111,490 white and 36,620 black victims of rape or sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
. In 2005, out of the 111,490 cases involving white victims, 44.5% had white offenders and 33.6% had black offenders, while the 36,620 black victims had a figure of 100% black offenders, numbers of white offenders were estimated to be negligible. There were 194,270 white and 17,920 black victims of rape or sexual assault reported in 2006. However, the report does give a note that for the instances of white-on-black rape the statistic is based on 10 or fewer sample cases. According to the RAINN
RAINN
The Rape, Abuse & Incest National Network is an American anti-sexual assault organization, the largest in the United States. RAINN operates the National Sexual Assault Hotline and carries out programs to prevent sexual assault, help victims, and to ensure that rapists are brought to justice.RAINN...
about 3.3% of rapes in the US are black-on-white and 3.4% are white-on-black.
Some types of rape are excluded from official reports altogether, (the FBI's definition, for example, excludes all rapes except forcible rapes of females), because a significant number of rapes go unreported even when they are included as reportable rapes, and also because a significant number of rapes reported to the police do not advance to prosecution.
U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male, with 99% of the offenders being male. Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."
According to the National Crime Victimization Survey
National Crime Victimization Survey
The National Crime Victimization Survey , administered by the Bureau of Justice Statistics, is a national survey of approximately 49,000 to 77,400 households twice a year in the United States, on the frequency of crime victimization, as well as characteristics and consequences of victimization...
, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 (that is, 2.4 persons from each 1000 people 12 and older were raped during that year) to about 0.4 per 1000 people, a decline of about 85%. There are several possible explanations for this, including stricter laws, education on security for women, and a correlation with the rise in Internet pornography
Internet pornography
Internet pornography is pornography that is distributed by means of various sectors of the Internet, primarily via websites, peer-to-peer file sharing, or Usenet newsgroups...
. But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a much higher victimization rate.
Rapes are very rarely reported to law enforcement. The 2007 report for the Department of Justice shows only 18% cases of forcible rape reported in the general population sample (even less so for drug-facilitated rape, 10%; numbers for the sample of college women are yet lower, with 16% reporting for forcible rape.) One factor relating to this under reporting may be the misconception that most rapes are committed by strangers. In reality, studies indicate the following, widely variable, numbers:
Relationship of victim to rapist
| Source: | Current or former intimate partner | Another relative | Friend or acquaintance | Stranger |
|---|---|---|---|---|
| US Bureau of Justice statistics | 26% | 7% | 38% | 26% |
| BeShears, Clinton-Sherrod and McAuslan | 60.1% | 0% | 37.9% | 2% |
About four out of ten sexual assaults take place at the victim's own home.
Criminal punishment
In the United States of America, the principle of dual sovereigntyDual sovereignty doctrine
Dual sovereignty is a legal doctrine holding that more than one sovereign may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the laws of each sovereignty....
applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the Federal Government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include the District of Columbia, or a naval or U.S.-flagged merchant vessels in international waters. In cases where the rape involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.
Because there are 51 jurisdictions in the United States of America, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. Federal law does not use the term "rape". Rape is grouped with all forms of non consensual sexual acts under chapter 109a of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
.
Under federal law the punishment for rape can range from a fine to Life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. The severity of the punishment is based on the use of violence, the age of the victim and whether drugs or intoxicants were used to override consent. If the perpetrator is a repeat offender the law prescribes automatically doubling the maximum sentence.
Kennedy v. Louisiana
Kennedy v. Louisiana
Kennedy v. Louisiana, 554 U.S. 407 was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state...
, 554 U.S. ___ (2008) was a decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape with the death penalty if the victim does not die and death was not intended , therefore if a person is convicted of rape he or she is not eligible for the death penalty according to the US supreme courts Ruling Kennedy v. Louisiana 554 U.S. ___ (2008
Different categorizations and maximum punishments for rape under federal law
| Description | Fine | Imprisonment (years) | Life imprisonment |
|---|---|---|---|
| Rape using violence or the threat of violence to override consent | unlimited | 0 – unlimited | yes |
| Rape by causing fear in the victim for themselves or for another person to override consent | unlimited | 0 – unlimited | yes |
| Rape by giving a drug or intoxicant to a person that renders them unable to give consent | unlimited | 0–15 | no |
| Statutory rape Statutory rape The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior... involving an adult perpetrator |
unlimited | 0–15 | no |
| Statutory rape involving an adult perpetrator with a previous conviction | unlimited | 0 – unlimited | yes |
| Statutory rape involving a perpetrator who is a minor | unlimited | 0–15 | no |
| When a person causes the rape by a third person | unlimited | 0–10 | no |
| When a person causes the rape of a child under 12 by a third person | unlimited | 0 – unlimited | 0–20 |
Rape investigations
Medical personnel in the United States of America collect evidence for potential rape cases by using rape kits. In some parts of the United States of America, the rape kits are not always sent off for testing.The reasons rape kits aren't often used are:
- Rape kits cost up to $1,500 a kit.
- A decision not to prosecute
- Victims who recant or are unwilling to move forward with a case
Medical community
Insurance companies have denied coverage for rape victims, claiming a variety of bases for their actions.In one case, after a victim mentioned she had previously been raped 17 years before, an insurance company refused to pay for her rape exam and also refused to pay for therapy or medication for trauma, because she "had been raped before" – indicating a preexisting condition.
Some insurance companies have allegedly denied sexual-assault victims mental-health treatment,
stating that the service is not medically necessary.
VAWA 2005 requires states to ensure that a victim receives access to a forensic examination free of charge regardless of whether the victim chooses to report a sexual assault (for any reason) to law enforcement or cooperate with the criminal-justice system. All states must comply with the VAWA 2005 requirement regarding forensic examination in order to receive STOP Violence Against Women Formula Grant Program (STOP Program) funds. Under 42 U.S.C. § 3796gg-4, a State is not entitled to funds under the STOP Program unless the State or another governmental entity "incurs the full out-of- pocket cost of forensic medical exams . . . for victims of sexual assault." This means that, if no other governmental entity or insurance carrier pays for the exam, states are required to pay for forensic exams if they wish to receive STOP Program funds. The goal of this provision is to ensure that the victim is not required to pay for the exam. The effect of the VAWA 2005 forensic examination requirement is to allow victims time to decide whether to pursue their case. A sexual assault is a traumatic event. Some victims are unable to decide whether they want to cooperate with law enforcement in the immediate aftermath of a sexual assault. Because forensic evidence can be lost as time progresses, such victims should be encouraged to have the evidence collected as soon as possible without deciding to initiate a report. This provision ensures victims receive timely medical treatment.
Due to bureaucratic mismanagement in some areas, and various loopholes, the victim is sometimes sent a bill anyway, and has difficulty in getting it fixed.
Historical context
Collins notes the Ku Klux KlanKu Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
's deliberate use of sexual assault (including rape) as a means of intimidating the African-American population in the Reconstruction period in the United States of America.
And as a means of justifying/encouraging segregation, the meme of the "black beast rapist" spread and shaped habits and attitudes.
Feminism
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
politicized and publicized rape as an institution in the late 20th-century. "New York Radical Feminists held a Rape Speak Out, where women discussed rape as an expression of male violence against women, and organized women to establish rape crisis centers and work towards reforming existing rape laws. This was the first attempt to focus political attention on the issue of rape."
See also
- List of anti-sexual assault organizations in the United States
- Combined DNA Index SystemCombined DNA Index SystemThe Combined DNA Index System is a DNA database funded by the United States Federal Bureau of Investigation . It is a computer system that stores DNA profiles created by federal, state, and local crime laboratories in the United States, with the ability to search the database to assist in the...
- History of rapeHistory of rapeThe concept of rape, both as an abduction and in the sexual sense , makes its first historical appearance in early religious texts.-In antiquity and mythology:...
- Northern Virginia SunNorthern Virginia SunThe Northern Virginia Sun was a newspaper published in Arlington, Virginia, until 1998. For much of its life, it was a six-day-a-week broadsheet, published Monday through Saturday, that emphasized local news....
– newspaper that published the names of rape victims - Debbie Smith ActDebbie Smith ActThe Debbie Smith Act of 2004 provides United States federal government grants to eligible states and units of local government to conduct DNA analyses of backlogged DNA samples collected from victims and criminal offenders. The Act expands the Combined DNA Index System and provides legal...
- ExtremitiesExtremities (play)(This article is about the off-Broadway play. For the 1986 film, see Extremities (film)Extremities is a play by William Mastrosimone that was first performed off Broadway in 1982...
, a play (and later film with Farrah FawcettFarrah FawcettFarrah Fawcett was an American actress and artist. A multiple Golden Globe and Emmy Award nominee, Fawcett rose to international fame when she first appeared as private investigator Jill Munroe in the first season of the television series Charlie's Angels, in 1976...
) in which a would-be rape victim and her roommates, given the complexities of the judicial system, debate reporting the attack - National Clearinghouse on Marital and Date RapeNational Clearinghouse on Marital and Date RapeThe National Clearinghouse on Marital and Date Rape, founded by Laura X, is a fee-based telephone consultation service which assembles information to aid others working to change the laws in states in the U.S. where men are not held accountable in the eyes of the law for raping their wives or dates...
(defunct) - Paul Martin AndrewsPaul Martin AndrewsPaul Martin Andrews is an American rape survivor and an advocate for rape survivors.In 1973, he was kidnapped in his native Virginia and hidden in an underground box by a known sexual predator, Richard Ausley...
, an American rape victim and an advocate for other rape victims. - Rape, Abuse & Incest National Network (RAINN)
- R v CollinsR v CollinsR v Collins 1973 QB 100 is a case decided by the Court of Appeal of England and Wales which examined the meaning of "enters as a trespasser" in the definition of burglary...
- Sexual assault in the U.S. militarySexual assault in the U.S. militaryThere is an ongoing problem with sexual assault in the U.S. military which has resulted in a series of scandals that have received extensive media coverage. Incidents which were publicized include the Tailhook scandal in 1991, the Aberdeen scandal in 1996 and the 2003 US Air Force Academy sexual...
- Tailhook scandalTailhook scandalThe Tailhook scandal refers to a series of incidents where more than 100 U.S. Navy and United States Marine Corps aviation officers were alleged to have sexually assaulted at least 87 women, or otherwise engaged in "improper and indecent" conduct at the Las Vegas Hilton in Las Vegas, Nevada...
- 2003 U.S. Air Force Academy sexual assault scandal
External links
- Rape Abuse Incest Network
- State Rape Statutes (Summary Chart) updated 5/1/03 from NDAA's American Prosecutors Research Institute (APRI) http://www.ndaa.org/apri/programs/vawa/statutes.html