Final Rape Presentation2

Rape: 

Rape Brendon Cox Aftab Khan Jon Peter Sardea William Thompson Professor P. Milanes English 125 DC1 November 16, 2011

Definition of Rape: 

Definition of Rape The United States of America often calls rape as “criminal sexual conduct in the first degree” Generally, rape is defined as sexual contact or penetration achieved: Without consent, or With use of physical force, coercion, deception, threat, and/or When the victim is mentally incapacitated or impaired, physically impaired (due to voluntary or involuntary alcohol or drug consumption), or asleep or unconscious.(Pandora’s Project)

What classifies rape?: 

What classifies rape? Consensual, Mutual Age Physical/ Verbal Constraint No Penetration?

What classifies rape?: 

What classifies rape? Age of Consent? Each state has their own different “age of consent.” Minimum age for a person to have sex. If a person is under the age of consent, they are not old enough to legally agree to have sex. If a child or teenager says yes, THE LAW SAYS NO. Capacity to Consent? Each state defines who has the mental and legal capacity to consent. People with disabilities, People who are drugged or unconscious, and elderly people. These people have diminished capacity and do not have the legal ability to agree to have sex.

What classifies rape?: 

What classifies rape? No Consent but Perpetrator continued? If physical force or threats were used to coerce someone into having sex, that sexual activity is rape. Even if you had sex with that person or are married to the person, but you don ’ t give consent the next time, it is rape. If you start and you decide to stop but the person continues, it is rape. Was there any sort of penetration? Conditional, e ach state’s law covers this topic differently. Generally, even if there was no penetration, the victim may still experienced the same physical and emotional effects of a victim of rape. Keep in mind that rape is not only penile, it also includes, oral and anal penetration and also any object used for penetration.

Who are the offenders?: 

Who are the offenders? Approximately 2/3 of rapes were committed by someone known to the victim. 73% of sexual assaults were perpetrated by a non-stranger. 38% of rapists are a friend or an acquaintance. 28% are an intimate. 7% are a relative.

Where and when do rapes occur?: 

Where and when do rapes occur? Where? More than 50% of all rape/sexual assault incidents were reported by the victims to have occurred within 1 mile of their home or at their house. 4 in 10 take place in victim’s home. 2 in 10 take place at the home of a friend, neighbor, or relative. 1 in 12 take place at a parking garage . When? 43 % of rapes occur between 6 PM and Midnight. 24% occur between Midnight and 6 AM The other 33% occur during the day.

Types of Rape: 

Types of Rape Marital Rape Spouses have a “marital rite” to sex but if their spouse refuses and then they force sex, it is an offense. Acquaintance Rape Assault taken place when the perpetrator and victim casually know each other or know each other fully. Stranger Rape Assault by someone not known to the victim. Gang Rape An attack during private parties, may be planned by spiking a persons drink or use of drugs.

Who are the victims? (Women): 

Who are the victims? (Women) Women: 1 out of 6 women will be victims of rape Lifetime number 17.7 million American women have been victims of rape 80% of the victims are white . Race: White women: 17.7% Black women:18.8% Asian Pacific Islander women: 6.8% American Indian/ Alskan Women: 34.1% Mixed Race women: 24.4%

Who are the victims? (Children): 

Who are the victims? (Children) Generally: 15% of rape victims are under the age of 12. In 1995, local children protection service agencies identified 126,000 children were victims of either substantiated or indicted sexual abuse. 75% were girls and nearly 30% of the children were ages 4-7 Boys: 3% in grades 5-8 and 5% in grades 9-12 say they have been sexually abused. Girls: 7% in grades 5-8 and 12% in grades 9-12 say they have been sexually abused.

Who are the Victims? (Men): 

Who are the Victims? (Men) About 3% of American men have been a victim of rape. In 2003, 1 in every 10 rape victims were male Lifetime number of men raped is 2.78 million in the U.S. MEN STILL GET RAPED!!!!

Effects of a Rape Victim: 

Effects of a Rape Victim Presented by: Brendon Cox

Physical Injuries: 

Physical Injuries Pain Bruises, Irritation and tenderness in the vaginal area Vaginal and anal bleeding Tears in the vaginal-rectal area Skin insults Contusions

Most Common Mental Reactions: 

Most Common Mental Reactions State of Shock Anxiety Disorientated Disbelief Horritied Frightened Hysterical Controlled Numbness Anger Withdrawal Self-blame Guilt Shame Confusion

Long Term Mental Effects (% of victims who develop each disease): 

Long Term Mental Effects (% of victims who develop each disease) Depression- 97.5% Anxiety disorders- 92.5% Increased vulnerability- 90% Low self worth- 90% Emotional distancing- 85% Guilt & self blame- 82.5 % Anger- 80% Intrusive thoughts- 75% Withdrawal- 72.5% Low self-esteem- 77.5% Sexual disorders-70% Increased smoking- 67.5% Security consciousness- 57.5% Suicidal attempts- 47.5% Alcohol abuse- 52.5% Eating disorder- 27.5%

The Recovery Process: 

The Recovery Process Depends on the reactions by family, friends and professionals It is important for the victim to be able to talk about the assault without being interrupted questioned as a person, and that the trauma is not minimized or explained away.

The Recovery Process (cont.): 

The Recovery Process (cont.) Therapy may be necessary to help some victims work through the traumatic experience It is important that the woman does not feel guilty or responsible for a sexual assault which has happened to her. It will harm the recovery process instead of helping it, whereas it is best to help her understand the real reasons for rape.

Medical Treatment: 

Medical Treatment It is important to be checked and treated for possible injuries, even if none are visible Testing for HIV and other sexually transmitted diseases, and receiving preventative treatments are necessary procedures for rape victims To prevent from getting STD’s, pregnancy, and HIV transmissions, medications at various clinics may be offered

HIV Testing Law (NY): 

HIV T esting Law (NY) Is the test required? Testing is available only at the written request of the victim within 6 months of the date of the crime charged or within 10 days of the days after entry of the offender’s conviction Who are the offenders that can be tested? Does the degree of the crime matter? Any individual accused or convicted of an offense where sexual intercourse, “oral sexual conduct” or “anal sexual conduct,” is eligible for being tested.

HIV Test Guidelines (NY): 

HIV T est Guidelines (NY) The victim may request, in writing to the court, that the defendant to submit to an HIV test within 48 hours after the indictment. If so, the court shall order it, provided that the test would provide medical or psychological benefit. “Medical benefit” means that the test results would help with the decision of beginning, continuing, or discontinuing a medical intervention for the victim.

Organizations that support victims of rape: 

Organizations that support victims of rape SafeHorizon.org RAINN.org JoyfulHeartFoundation.org After Silence.org HopeForHealing.org WomensLaw.org Pandys.org ItHappenedToAlexa.org Fear2Freedom.org Ibiblio.org

Reporting the Incident: 

Reporting the Incident Some victims feel that the police station is the first place they should go to report the attack If they report the event soon after the attack took place, it is best that they do not change their clothes before they go because it can be examined and used as a piece of evidence.

Reporting the Incident (cont.): 

Reporting the Incident (cont.) The victim can undergo a forensic examination. This is performed by a female police surgeon. She will take a description of events that happened during the attack and also a brief medical history, before she examines the victim. She will also check the victim internally and take swabs that may be preserved as DNA evidence to match the attackers semen. She will take samples of the victims blood, hair, etc. that she thinks may be useful in proving that sexual assault had taken place, and that may help to catch the rapist.

Reporting Rape Percentages: 

Reporting Rape Percentages

Punishments for Rape : 

Punishments for Rape Presented by: Aftab Khan

What happen if a rapist is convicted ?: 

What happen if a rapist is convicted ? Sentence Fines Register Sex Offender Other forms of punishment

The rapist fines and sentences depend on… : 

The rapist fines and sentences depend on… the violence used threats the rapist made age of the rapist and their victim if drugs were used rapist is a repeat offender

Different crime and the maximum punishments for rape under federal law: 

Different crime and the maximum punishments for rape under federal law Table #1

Different degree of rape (NY), : 

Different degree of rape (NY), There 3 types of rape degree.

§ 130.25 Rape in the third degree.: 

§ 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.

§ 130.30 Rape in the second degree.: 

§ 130.30 Rape in the second degree. A person is guilty of rape in the second degree when: 1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.

§ 130.35 Rape in the first degree.: 

§ 130.35 Rape in the first degree. A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony

Register Sex Offender: 

Register Sex Offender The public will know who you are (ex: name, DOB, where you live, where you work) Have housing restriction (ex: living near school, bus stop, and daycare) You can’t own minor attraction items (ex: toys) Can’t use the internet

Other forms of punishment: 

Other forms of punishment Death penalty Chemical castration

Death penality: 

Death penality

Death Penalty: 

Death Penalty What are the class views on rapist getting death penalty???

Patrick O. Kennedy: 

Patrick O. Kennedy

What did Kennedy do?: 

What did Kennedy do? In New Orleans he raped his 8 year old step daughter. He tore the victim's perineum "from her vaginal opening to her anal opening. [It] tore her vagina on the interior such that it separated partially from her cervix and allowed her rectum to protrude into her vagina. Invasive emergency surgery was required to repair these injuries."

Kennedy v. Louisiana (2008): 

Kennedy v. Louisiana (2008) Case started on April 16, 2008 Ended June 25, 2008 Supreme Court rule that states can’t implement death penalty to the rapist for the rape of the child if the rape didn’t result in the death of the victim. Why? Because the eighth amendment didn’t permit “cruel and unusual” punishment

Castration (chemical): 

Castration (chemical)

Chemical Castration: 

Chemical Castration What are the class view on chemical castration?

What is chemical castration?: 

What is chemical castration? It is an injection of Depo-Provera that lowers testosterone. It lower sex drive and sexual arousal Also lower body fat, body hair, and bone density Increases body fat and cardiovascular disease Repeat offender drop 68% to 1% Last for 3 months

There 9 states that allow castration : 

There 9 states that allow castration California Montana Florida Georgia Oregon Louisiana Wisconsin Iowa Texas

Slide 44: 

Table #2a

Joseph Frank Smith: 

Joseph Frank Smith a convicted child molester advocate for chemical castration after undergoing the therapy in the 1980s stopped using the injections in 1989 he was convicted for molesting a five-year old girl and immediately returned to prison in 1999

What to remember from this…: 

What to remember from this… 3 conditions to classify rape, no consent, lost ability to give consent, and under age of consent. Everyone is at risk of being a victim. Rapists are usually known to the victim. Rapes occur near or at the victim’s house. Victims develop many different psychological and physical problems after being raped.

What to remember from this…: 

What to remember from this… Reporting the rape is number one priority for the victim while also preserving whatever can be used for evidence. Different state have different laws regarding rape A rapist sentence depends on the violence, drug, the age (both victim and rapist) and if the rapist is a repeat offender After serving your criminal punishment you will be a register offender Death penalty can only be an option if victim died. Chemical castration is not long term solution.