Wednesday, December 4, 2013

Underreporting on the Rape Culture

No everything is a 1st world problem, but some are actual problems.

Women get oppressed everyday.  In a high school a fourteen year old girl was raped.  Her teacher raped her and then no one defended her.  Neither the court nor the school administration did anything to help her.  When she reported what had happened to her seemingly no one cared about her.  When they went to court the girl could not even go because she was too scared and shaken up.  The judge pretty much just slapped the teacher’s hand and sent him on his way.  He didn’t get fired or in trouble in any way for causing this girl so much trauma and anguish.  She was so upset and traumatized that she killed herself.  This should never have happened.  The teacher should have been fired and arrested for what he did to this girl.  No one should have to be so abused and punished for not doing anything wrong and their oppressor gets off completely free.  She committed suicide after being so upset and abused and that is just tragic that something like this would happen.  This happens all the time in America that someone rapes another person and does not get in trouble at all.  America is notorious for letting men off free for doing such a tragic and awful crime.  We need to change America so that these kind of crimes do not happen as often as they do.  Our justice system needs to understand more that rape is a crime and needs to be punished.  Men who think they can just do whatever they want ruin a lot of things for decent human beings. This was even a rape of a minor.  Minors normally get more help from justice because we are supposed to protect our children.  This minor was not helped and died because of it.  America’s justice system needs to step it up and take more care of its innocents.  There are even songs where men in America sing about how it is about rape and how much women want it.  Nobody should have the right to decide if someone else wants it or not.  Another musician has even said before that people that get raped deserve it.  No one should talk like that.  If someone thinks that they can talk that mean and immaturely they should not be able to have an opinion on the subject.  Protect our children; do not get them killed because of evil actions.
Imagine getting in trouble for something that wasn’t your fault.  It happens to everybody eventually, normally as a kid.  When children get in trouble it can be their own fault.  Or perhaps they were fighting with someone else and it was the other’s fault, but they get in trouble instead.  That is just no fun.  Now imagine getting in trouble because you were assaulted, and the people that hurt you are off free.  That’s how most rapes are treated in America.  It is not fair that the people in charge do not help someone who has been hurt.  Most people in America probably know someone who has been raped or raped somebody else, even if they are unaware of the fact about that person.  Because the legal system has a history of not being helpful to rape victims, the crimes often go unreported, thus perpetuating rape violence; therefore, steps need to be taken to change the way the law deals with rape victims so that they are more inclined to come forward, allowing for justice to be served and crime to be eradicated.
When reported, rape may be evaluated in a variety of ways, depending on the age of the victim and circumstances of the rape.  The percentage of rape reported to police that include different weapons is 62% firearms, 42% knives, and 32% “other” types of weapons(Addington, L.A., n.p., 2008).  The rape is more likely to be reported when there is a weapon involved.  The amount of people affected is astonishingly high.  In 2007 it was reported that there were “42.2% of female rape victims raped before the age of 18” (Flowe, H.D., n.p., 2007).  From statistics that can be obtained, “1 in 6 American women have been the victim of rape”(Flowe, H.D., n.p., 2007).  Rape does not however only happen to females, it happens to males also.  Out of those that do happen to males 27.8% were ten years old or younger.  In total an estimated 84,767 out of approximately 316,000,000 people in the U.S. of forcible rapes have been reported to the law enforcement in 2010, which equates to a rape occurring every six point two minutes in the U.S.  “Experts agree that rape is one of the most under-reported crimes in the United States”(Falcaro, H.D., n.p., 2012).  
A few of the reports of rape however are falsified.  It is not as common as it seems that reports of rape would be false, but it does happen which makes it very difficult for people to believe when it would be a true statement, especially since it is such a hard subject for people in general to accept.  The department of justice estimates that about 8% of rape claims are false (Flowe, n.p.).  
In the past it has been way too common that many in the legal system have treated rape claims with much skepticism(Flowe, H.D., n.p., 2007).  Many times in the courts the defense tries to argue that woman’s past actions (such as one night stands) predict what she will do in the future (Flowe, n.p.).  Her past really should not matter in the case of rape, just because she has had sex before, even if it was with that sex partner, does not mean she wanted it that time and it was not forced on her.  No person should be denied justice for something that is simply wrong no matter what.  This skepticism of the victim does not only happen in the courts, it can happen when first reported also, to anyone.  In some cases the police have been known to screen out victims deemed to be ‘questionable’: women who had been drinking, were wearing provocative clothes, or had dated their attacker.  Overall rapes that are reported to the police mostly involve violence and weapons, victim injury and multiple offenders, and lack of prior victim-offender relationship (complete stranger). (Addington, L.A., n.p.)  “Rapes committed with use of a weapon, victim injury, or multiple offenders are more likely to come to the attention of police than are weaponless incidents”(Addington, L.A., n.p., 2008).   Even so with all the violence rapes are still very likely to go unreported, which means there are even more rapes than statistics actually show because people will not report if nothing will be done about what has happened.  “Of all violent crimes, rapes are the least likely to be reported to police”(Addington, L.A., n.p., 2008).  
One of the ways that legislation has tried to help is by adding shield laws saying the prosecution can’t bring up past sexual history information, like lying or prostitution, of the victim unless it helps in the case.  “On the other hand, one could argue that past behavior on the part of the complainant with other [people] or with the defendant is unrelated to whether [they] would consent to intercourse with the accused and in turn make a false accusation of rape”(Flowe, H.D., n.p., 2007).  Past behavior does not equal consent.  It does not matter if someone has had similar past experiences, that does not mean they are making a false claim.  It is important to research the situation fully and not just disregard what could have happened with such a big problem and claim.  
Vindictive wives could make false allegations.   “When considering the response of the courts to cases of marital rape particularly in the context of sentencing, it becomes apparent that a rapist most certainly does not remain a rapist, ‘irrespective of his relationship with his victim’”(Rumney, P., n.p., 1999).  Marriage contract means a woman cannot retract consent; the court tries to give the husband immunity(Rumney, n.p.).  So regardless of how the spouses feel against each other, the court will see them as married and that is it, making rape not mean anything to the court if they are married.  In contrast some people believe “extending the law of rape to married couples would undermine the institution of marriage”(Rumney, P., n.p., 1999).  Men are more powerful in the governmental system and often in their own marriage they are in charge, leaving women feeling like they have no choice but to have sex with their husband, that is how society can view marriage, and more often how the court sees marriage, as male rule.  This results in any intercourse within marriage as consensual, according to courts.
It seems that with men in general, even without marriage, they feel in charge and if they want to have sex apparently they should be allowed to.  Society sees how men act and accepts it as how they are and there is nothing wrong with that.  But there is something wrong if men think that is how they can act.  Engaging in non-committed sexual relations for men is seen to enhance man’s “reputation and social status and as proof of their sexual prowess and masculinity”(Littleton, H., n.p., 2011).  Women contrast men in social standing with non-committed sexual behavior, negative for reputation and social status, resulting in negative labels like “slut” or “easy”. (Littleton, H., n.p.)  There is a double standard in western society about freedom and engaging in sexual behavior. (Littleton, H., n.p.)  There are different views of men and women.  If a woman is labeled as slut or something similar, then men feel the need to use aggressive sexual advances and think the woman has no right to refuse, because of the label. (Littleton, H., n.p.)  This has led to a general opinion that “women are expected to have fewer sexual urges and to be able to control the urges they do have, men are expected to have frequent, strong sexual urges over which they have only limited control”(Littleton, H., n.p., 2011).  Apparently, according to society, men just cannot control themselves when it comes to sex, but if women decide to have sex they are evil.  This thought process needs to stop and people need to not give men an out for whatever they want to do but also be blaming women for maybe just being the same as men. 
Rape has become such a problem in our culture and it is so common that 37% or four out of ten American said they would be scared to walk alone at night within a mile of their own home.(Saad, L., n.p., 2010).  In 1982, 48% said they were afraid, while 52% were not afraid.  In 1993, still fairly high, 40% then descended to 30% by 2001.  The “trend in Americans perception of their personal safety contrasts with federal crime statistics”(Saad, L., n.p., 2010)  The fear and actual crime rates do not match, “suggesting fear of crime is not necessarily dictated by reality”(Saad, L., n.p., 2010).  Because society’s fear is not based in reality, and the reality that rape is more common than it was, it is probably based on how much publicity it receives.  The media does not report it unless it involves a high profile person or murder, leading the public into a state of ignorance and fear.  It is probably not exclusively rape that is making America so afraid, but it is definitely a rampantly reoccurring crime enough that people are justifiably scared of walking alone.
The laws and social attitude need to be changed so that rape is not so common all over America.  Rape should not be a common occurrence, nor should it go unreported or charged.  The children of today should be taught that it is not acceptable to treat other human beings like they are objects or things.  Rape has become so common that many people do not see what they are doing as wrong, and that needs to change.  Better leadership of schools, or governments, or maybe just better parenting could help human beings treat each other better.  Either way something needs to be done, and it isn’t being done.  Prevent rape and protect friends from being in situations where they could be hurt.  Teach the children of today that it is wrong to hurt others.  Teach teenagers and adults that rape is harmful and greatly looked down upon.  Women should be able to walk around in our country and not be so scared of dying or assaulted. 


References:
1. Addington, L. A., & Rennison, C. (2008). Rape co-occurrence: do additional crimes affect victim reporting and police clearance of rape?. Journal of Quantitative Criminology, 24(2), 205-226. doi:10.1007/s10940-008-9043-9

2. Flowe, H. D., Ebbesen, E. B., & Putcha-Bhagavatula, A. (2007). Rape shield laws and sexual behavior evidence: Effects of consent level and women's sexual history on rape allegations. Law And Human Behavior, 31(2), 159-175. doi:10.1007/s10979-006-9050-z

3. Falcaro, W. (2012). Rape in America. Business People, 126.

4. Littleton, H. (2011). Rape myths and beyond: A commentary on Edwards and colleagues (2011). Sex Roles, 65(11/12), 792-797. doi:10.1007/s11199-011-9982-8

5. Rumney, P. (1999). When rape isn't rape: court of appeal sentencing practice in cases of marital and relationship rape. Oxford Journal Of Legal Studies, 19(2),

6. Saad, L. (2010, November 05). Nearly 4 in 10 Americans still fear walking alone at night. Gallup. Retrieved from http://www.gallup.com/poll/144272/Nearly-Americans-Fear-Walking-Alone-Night.aspx



Bibliography:
1. Brayton, E. (2012, November 28). [Web log message]. Retrieved from http://freethoughtblogs.com/dispatches/2012/11/28/lawsuit-raped-girl-gets-suspended-rapists-dont/


2. Sexual assault overview. FindLaw. Retrieved Nov. 14, 2013, http://criminal.findlaw.com/criminal-charges/sexual-assault-overview.html?DCMP=GOO-CRIM_SexualAssaultBroadModifier-Rape&HBX_PK=law+for+rape

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