Dynamics of Sexual Assault
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1 Dynamics of Sexual Assault
2 Objectives Participants will be able to define sexual assault. Participants will be able to list and understand the impact of the physical and emotional affects of sexual assault on the victim/survivor. Participants will understand and be able to refute sexual assault myths.
3 Statement #1 Women lie about rape.
4 Statement #2 He couldn t control himself.
5 Statement #3 She just regretted it the next day, that s not rape.
6 Statement #4 He s a man. Men can t be raped.
7 Statement #5 If a woman is drunk then she is responsible for letting things get out of hand.
8 Statement #6 Girls who were caught cheating sometimes claim it was rape.
9 What is sexual violence? Sexual Violence is intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent.
10 What is sexual assault? Sexual assault is an abuse of power, designed to humiliate, intimidate or instill fear. It refers to any form of nonconsensual sexual encounters that are against the victim s will and without his or her consent.
11 What is consent? Consent means words or overt acts indicating a freely given agreement to the sexual conduct as issued by a competent person. An expression of lack of consent through words or conduct means there is no consent. Sexual Assault Prevention & Response
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14 Sexual Assault & The Law
15 Tennessee laws on sexual assault (including rape and battery) can be found in T.C.A
16 The new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes. -Attorney General Eric Holder New Rape Definition is Effective January 1, 2013 The carnal New Summary Rape Definition: knowledge Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. of a female forcibly and against her will.
17 The revised definition: Includes either Male or Female Victims or Offenders. Includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, (e.g., due to the influence of drugs or alcohol or because of age). Reflects the various forms of sexual penetration understood to be Rape.
18 Research suggests that marital rape accounts for 25% of all rapes. Bachman, Ronet, and Bruce M. Taylor. "The Measurement of Family Violence and Rape by the Redesigned National Crime Victimization Survey," Justice Quarterly, Vol. 11, No. 3, September An estimated 14% - 25% of women experienced forced sex at least once during their marriages. Resnick, H., Kilpatrick, D., Walsh C., & Veronen, L., (1991) Marital Rape Case Studies in Family Violence, pp , as cited in Bergen, Raquel Kennedy. Wife Rape: Understanding the Response of Survivors and Service Providers, 1996, Sage Publications, Inc. Research indicates that between 1/3 and 1/2 of battered women are raped by their partners and that sexual abuse is characteristic of the most violent relationships. Bergen, Raquel Kennedy. Wife Rape: Understanding the Response of Survivors and Service Providers, 1996, Sage Publications, Inc. Marital Rape
19 Rape laws were originally property laws designed to protect a man s property, not as laws to protect a woman. Mahoney, Patricia, The Wife Rape Fact Sheet, (2000) National Violence Against Women Prevention Research Center, Wellesley Centers for Women, Wellesley College. History of Marital Rape Law
20 Example: If a woman is raped by someone other than her spouse and the defendant causes bodily injury, then they would be charged with aggravated rape that has a sentencing range of years. If a woman is raped by her spouse and suffers serious bodily injury, the defendant is charged with spousal rape and has a sentencing range of 3-15 years. Exemptions
21 Marital Rape: Longer recovery from trauma. Higher likelihood of repeated assaults. The married perpetrator is more likely to use anal and oral rape to humiliate, punish and take full ownership of their partners, say researchers. Pressure to stay with perpetrator. Negative effects on children in the household. Difficulty identifying what happened as a crime.
22 Tennessee law stated that a person can only be charged with spousal rape if- the defendant is armed with a weapon; the defendant causes serious bodily injury; or if the spouses are living separate and apart and one of them has filed for separate maintenance or divorce. TN Marital Rape Law
23 Victory in TN! 2005
24 Continuum of Sexual Violence Guy, 2006
25 Root Causes of Violence Against Women Sexism discrimination based on sex; belief that one sex (male) is superior
26
27 Root Causes of Violence Against Women Racism discrimination based on race; belief that one race (Caucasian) is superior
28 Root Causes of Violence Against Women Heterosexism discrimination based on sexuality; the belief that one sexual preference (heterosexual) is superior
29 Root Causes of Violence Against Women Classism discrimination based on class status
30
31 Sexual Assault Myths
32 Some societal myths are: Women provoke rape. Men cannot be raped. Women often false report. A man cannot rape his wife. Rape only happens to young attractive women. Rape is a crime of passion. If a person doesn t fight back, then it really wasn t rape. Myths
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34 Real Rape is the social norm that our culture has adopted for what constitutes a legitimate sexual assault. The Myth of Real Rape
35 Is perpetrated by a stranger Involves physical violence Leaves obvious signs of physical injury Involves the use of a weapon Causes the victims to be hysterical Is reported immediately to the police Is committed in a dark alley, at night, on the bad side of town Is more likely committed by a black man against a white woman Cannot be perpetrated against a prostitute Involves only penile-vaginal penetration Real Rape
36 A myth explained Some women deserved to be raped.
37
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39 Some women deserve to be raped It can t happen to me This belief is a method of perceived self protection. This myth does not protect it leaves women vulnerable to a perpetrator and society.
40 A myth explained It s not sexual assault if drinking or drugs are involved.
41 A myth explained Rape is mostly an inter-racial crime. Society s idea of rape is a black man raping a white woman.
42 An 8 year study indicated that when perpetrators of rape are current or former husbands or boyfriends, the crimes go unreported 77% of the time. When the perpetrators are friends or acquaintances the rapes go unreported 61% of the time. Adolescent sexual assaults go unreported 86% of the time. Bureau of justice Statistics Criminal Victimization Washington D.C. U.S. DOJ Relationship to the Perpetrator is a major factor in reporting
43 Heterosexism and Homophobia put LGBTQI people at greater risk for sexual assault. It is common for perpetrators to use sexual violence as a way to punish and humiliate someone for being/perceived as LGBTQI. LGBTQ+ Victims of Sexual Assault
44 Small community: cant get away from the perpetrator Dont want to air dirty laundry Will probably have to come out to police, medical personnel, and advocates Professionals may not understand what happened due to ignorance and myths. Fear of being outed Lack of legal and civil rights protections Other helping organizations- including shelters Loss of children Lack of Resources Barriers for the LGBTQI Community
45 Q: How many rapes are reported to law enforcement in the United States in a given year? A: There were an estimated 84,376 forcible rapes reported to law enforcement in 2012 and 79,770 reported in 2013 according to the FBI UCR.
46 Q: Why was the last answer inaccurate? A: There were an estimated 84,376 forcible rapes reported to law enforcement in 2012 according to the FBI UCR. The 2012 Stats were reported prior to the change in the definition of rape. The 2013 stats are also presented according to the legacy definition.
47 Q: For every rape reported to law enforcement, what is the estimated percentage of unreported rapes? A: Rape is one of the most under reported crimes, with 60% still being left unreported. (60-80% including all forms of sexual assault and battery)
48 Q: When a victim knows her assailant, is she more or less likely to report the rape to the police? A: Less likely due to self-blame and fear that her friends and family will blame her; and less likely if drugs and alcohol are involved.
49 Q: What percentage of victims know their attackers? A: Approximately 2/3 of assaults are committed by someone known to the victim 38% of rapists are a friend or acquaintance Bonus: Does this statistic change when talking about college students? About 85 to 90 percent of sexual assaults reported by college women are perpetrated by someone known to the victim; about half occur on a date.
50 Q: Name three reasons reason victims give for not wanting to report? A: Fear of reprisal Fear of Blame/self blame Finances Fear of disbelief Mistrust in Law Enforcement Lack of support Belief that rape is a personal matter Not understanding rape/sexual assault Fears loss of support/family/friends Shame
51 Q: What percent of rape reports are FALSE reports? A: 2-8%
52 A woman's chance of being raped in the U.S.: 1 in 5 Rank of U.S. in the world for rape: 13 th A woman's chance of being raped in college: 1 in 4 Chances that a Native American woman in the U.S. will be raped: 1 in 3 U.S. state in which, in September 2012, mentally disabled rape victim was required to provide evidence of her "kicking, biting, scratching" in objection to her rape: Connecticut Some Facts
53 Percentage of men who have been raped: 3 percent (1 in 33) Percent of men who have experienced any unwanted sexual contact: 1 in 6 Percentage of rapists who are never incarcerated: 97 percent Percentage of rapes that college students think are false claims: 50 % Chances an incarcerated person is raped in the U.S.: 1 in 10. Increase in chance that LGTB prisoner is raped: 15x greater chance Number of men raped that could be counted as legally raped before the FBI changed its definition: 0 Some Facts
54
55 Questions?
56 Thank You! Heather Herrmann Program Specialist
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