IRM 10-1
Chapter 10: Victims of Rapes and Other Sexual Assaults
from Crime Victims: An Introduction to Victimology, 10e by Andrew Karmen
LEARNING OBJECTIVES
Upon completing this chapter, the student should be able to:
L01. Summarize the major developments in the rediscovery of the plight of rape victims since the 1970s.
L03. Distinguish between rapes and other sexual assaults.
L05. Discuss the shortcomings in the way the criminal justice system handled rape cases prior to the
victims’ rights movement.
L07. Describe the special problems faced by sexual assault victims on college campuses.
L09. Describe the special problems faced by sexual assault victims in correctional institutions.
L11. Describe the problem facing women who are subjected to marital rape.
LESSON PLAN
Correlated to PowerPoints
I. Sexual Assaults and Rapes: The Social Reaction
A. Social definitions of rape have changed over time.
1. Latin rapere means “to seize or take by force.”
3. Contemporary definitions are as follows:
4. Aggravated rape involves more than one assailant, a weapon, and/or infliction of
additional wounds.
6. Statutory rape also carries lesser penalties.
II. The Rediscovery of the Plight of Rape Victims [Learning Objective 1]
A. Social reactions to rape historically have focused on the offender.
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© 2020 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
1. For centuries, rape was an offense that violated a man’s interests.
2. In biblical times, raping an innocent virgin was a crime, but when a married
woman was raped, she also was blameworthy.
4. During warfare, raping enemy women is a part of the spoils of victory.
5. Rapists of different races receive different punishments.
B. In the 1970s, feminists brought focus to rape victims.
1. Rape was seen as a social problem and political issue.
2. 2017 #Me Too movement brought awareness of workplace issues.
Media Tool
“She Founded Me Too. Now She Wants to Move Past the Trauma” (https://www.nytimes.com/2018/10/15/arts/tarana-burke-metoo-
anniversary.html)
–A New York Times interview with #Me Too movement founder Tarana Burke
-Discussion: Why does Burke prefer to share stories of healing rather than of trauma? Why does she say that she is
not influenced by #Him Too critics? What effects is the movement having on the plight of African-American victims of
sexual assault?
III. The Consequences of Being Sexually Assaulted
A. Victimologists study rape victims to assess their suffering and speed up the recovery
process.
1. Rape tends to be life altering.
2. Rape crisis syndrome
a. Acute initial phase includes shock, anger, self-recrimination, fear.
3. Post-traumatic stress disorder (PTSD)
4. Women suffer irrespective of whether the rape was completed or attempted.
IV. The Problem of Pregnancies Arising from Rapes
A. Researchers must determine the likelihood of pregnancies resulting from rapes.
1. One study estimates 30,000 pregnancies result from rapes or incest yearly.
B. Researchers must determine how to assist or support victims.
1. This includes emergency contraception and abortions.
2. If rapists do not encounter legal trouble, they can sue for visitation.
See Assignment 1
V. The Controversy Surrounding Questions of Shared Responsibility [Learning Objectives 2 and 3]
A. “Real Rapes” as Compared to “Acquaintance Rapes” and “Date Rapes”
1. Real rapes or ideal types have several defining features.
a. These are perpetrated against unsuspecting females.
2. In acquaintance rapes, doubts about the woman’s version of the facts quickly
surface.
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a. Until the 1980s, prosecutors were unwilling to press charges.
b. Much controversy surrounds contrasting interpretations of the encounter.
See Assignment 2
B. Victim-Blaming Viewpoints [Learning Objective 4]
1. Some victims differ in their attitudes and actions; they are “asking for it.”
2. Miscommunication results from mixed messages or lack of vehement protest.
4. Two sets of consequences result from victim-blaming arguments.
5. It influences every stage of the criminal justice system’s handling of rape cases.
6. It is more likely held by teenagers and young adults (like those on college
campuses).
7. It shifts the burden of prevention away from aggressive males, the police, or the
prevailing culture onto the potential targets.
C. Victim-Defending Perspectives
2. It dismisses crime prevention tips as ideologically tainted.
4. Rape prevention campaigns should focus on both genders.
5. Box 10.1 details widely held rape myths.
a. More likely held by men and boys
See Assignment 3
Media Tool
The Accused
-A feature film about the victim of a gang rape who sues the bystanders who did not intervene
-Discussion: How do the community and media blame the victim in this case? How did it portray the offenders?
How would you describe the suffering of the victim? The movie (and real–life case) is now several decades old. Do you think
this kind of scenario still takes place or has there been a culture shift?
What If Scenario
Hold a classroom debate. Should women and girls alter their behaviors so as not to be sexually victimized? Should men and
boys alter their behaviors so as not to offend? Should cultural values and norms be changed?
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Class Discussion/Activity
Discuss the need for consent. What constitutes implied consent? Is this adequate? Do you think affirmative consent is a
viable option in ensuring consensual sexual activity? Explain your reasoning.
VI. Estimates of the Incidence, Prevalence, and Seriousness of Rape and Sexual Assault
A. Maximalist Perspectives
1. Statistics are alarming.
2017.
2. Underreporting is a serious problem.
a. Some incidents that are legally defined as rapes may not be considered so
3. UCR’s “legacy definition” of rape has been broadened in National Incident-
Based Reporting System (NIBRS).
B. Minimalist Perspectives
1. The expanded definition of sexual assault is inflating estimates and causing
undue alarm.
a. Crimes like violent rape and fondling are counted together in NCVS
data.
in 2016.
3. Trends over the decades
a. Figure 10.1 shows trends in rape and sexual assault rates in the United
States from 1973 to 2016.
b. UCR and NCVS data are inconsistent, but both show sexual violence
subsiding since the 1990s.
VII. Who Faces the Gravest Dangers? Differential Risks of Being Sexually Assaulted and
Raped
A. NCVS data show that virtually all assailants are males and some females face higher
levels of danger than others.
1. According to data from 1995 to 2010, they are girls between 12 and 17 years old,
Native Americans, single, low income, and rural dwelling.
2. The percentage of attacks by strangers seems to be declining.
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© 2020 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3. Partying with highly competitive athletes may pose risks.
4. Disabilities increase risks.
VIII. How the Criminal Justice System Handles Rape Victims
A. Box 10.2 presents a fictional composite sketch of the worst-case scenario in the criminal
justice system. [Learning Objective 5]
B. The Controversy over Unfounded Accusations
1. Rape is unique in that the complainant immediately confronts a credibility issue.
2. Two errors are possible, which are as follows:
4. 1931 “Scottsboro Boys” case is the most notorious historical example of false
rape accusations.
5. Detectives and prosecutors must weed out false allegations.
a. Physical evidence
b. Credible witnesses
c. Charges are “unsubstantiated,” not “unfounded” or “deliberately false”
d. Makes compilation of statistics difficult
C. The Accuser versus the Accused
2. Accused men have several defense strategies, which include the following:
a. Complainant made an error
b. Denial of sex acts
c. Intercourse was consensual
3. Issue of consent is central to any rape complaint—burden of proof is on the
complainant.
D. Unwanted Publicity and Negative Media Portrayals
1. Media outlets are preoccupied with rapes of white women and continue to
sensationalize interracial cases.
3. Should a complainant’s identifying information be published?
a. It could be considered a second violation.
b. It could deter other victims from reporting crimes to police.
c. It is the public’s right to know.
d. It gives the victim a human identity will diminish the stigma.
What If Scenario
Imagine that you and your classmates are journalists for a local news outlet. Hold a debate arguing the merits and potential
problems of releasing information about the victims of sexual assaults.
E. Rape Shield Laws [Learning Objective 6]
1. Shield laws prohibit improper cross-examinations.
2. Supporters assert shield laws protect the complainant from character
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© 2020 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
b. Spares embarrassment of publicly discussing their sex lives
c. Keeps juries focused on the defendant’s use of force
3. Critics want fewer restrictions.
a. Limits the defendant’s ability to confront the accuser
b. May not protect victim’s privacy
F. Issues Surrounding Force and Resistance
3. A victim’s reactions influence her injuries.
a. Most women (61 percent) believed self-protective actions helped their
situation.
G. The Need for Corroboration
1. Past prosecution required corroboration via independent evidence that a rape
took place.
3. Today, corroboration is required if the victim is a minor, did not promptly report
the crime, or provides a version of events that is self-contradictory.
H. Rape Victims and the Police
1. Reporting rates
a. NCVS data show rates from a high of 55 percent (2003) to a low of 23
percent (2016).
b. At most 20 percent of sexual assaults are reported to the NYPD.
c. Data show that women are still reluctant to disclose crime facts.
2. Solution rates
a. Some police departments have a culture of skepticism.
i. They administer polygraph tests.
ii. UCR data show declining clearance rates over the last decade.
b. Some big city police departments have set up sex crimes units or special
victims units with carefully trained detectives.
iii. Box 10.3 details the problem of untested rape kits.
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Class Discussion/Activity
Many people have dedicated their life’s work toward improving the plight of rape victims—and much has improved over the
years. Why then is the reporting rate for sexual crimes still so low? What do you think it will take to improve it?
What If Scenario
Imagine that you are a part of a SART team in your local police department. What kinds of things would you propose to
increase the reporting and solution rates in your area?
I. Rape Victims and Prosecutors
1. Most victims have no dealings with prosecutors’ offices, so they do not receive
their benefits and supports.
a. Only 10 percent of rape cases were handled by a prosecutor in 2016.
2. Majority of cases are solved through plea negotiations.
a. Thought to spare complainants the ordeal of testifying
4. To evaluate the success of the antirape movement, researchers look for the
following:
a. Increase in complainants’ willingness to report crimes and press charges
b. Decrease in reports of pain and degradation during the criminal justice
process
Class Discussion/Activity
With a small group of classmates, compile a list of the ways in which rape victims are handled insensitively and improperly
throughout the criminal justice process. Choose 10 most important items on your list and suggest ways to change or improve
them.
IX. Crisis Centers: Providing Emergency Assistance
A. Sexual assault victims need immediate aid.
1. In 1972, first crisis centers were set up in Berkeley, California, and Washington,
D.C.
2. These centers provide a variety of services.
3. Many staff members are former victims.
a. Some suffer vicarious traumatization and burnout.
Class Discussion/Activity
How could services provided by rape crisis centers be improved? What other services could be offered? Do crisis centers
seem to be able to provide a diverse client base?
X. The Rediscovery of More Victims of Rapes and Sexual Assaults
A. Drug-Facilitated Sexual Assaults
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1. Drinks were spiked with Rohypnol, GHB, MDMA, and ketamine to induce
sedation and temporary amnesia.
2. True scope of the problem is unknown due to lack of reliable statistics.
3. Maximalists argue the following:
4. Minimalists argue the following:
a. While warnings are common, actual drugging is rare.
What If Scenario
Hold a classroom debate about drug-facilitated sexual assaults. One group of students should assume the maximalist
perspective, while another group argues the minimalist skeptical side. Afterward determine if there is any middle ground and
if so, what is required to get there.
B. Sexual Assaults on Campus [Learning Objective 7]
3. Maximalist arguments
a. Recently discovered survey data reveal underreporting (about 5 percent).
b. Research shows attacks happened while under the influence of alcohol or
drugs or while passed out.
c. Most attacks happen during the first few weeks or freshman and
sophomore years.
4. Minimalist arguments
a. Data include ambiguous sexual encounters (e.g., gray rapes).
5. Addressing sexual misconduct on campus
a. Victims suffer academic consequences.
b. Campus workshops discuss dangerous situations and bystander
intervention.
c. No-contact orders prevent retaliation against those who press charges.
d. During the Obama administration, the federal government supported the
maximalist viewpoint.
e. Trump’s administration seems to favor the minimalist viewpoint.
f. California requires colleges to adopt standards of affirmative consent.
aged 18–24 than neighborhoods.
IRM 10-9
See Assignment 4
C. Sexual Assaults within the Military [Learning Objective 8]
1. The Uniform Code of Military Justice includes assaults that are of the less
serious contact type.
2. The Department of Defense (DOD) data show 4.3 percent of women and 6
4. Victims have a hard time getting justice.
5. The Pentagon has established a Special Victims Unit.
Media Tool
The General’s Daughter
-A book by Nelson De Mille and a feature film about the rape and murder of an Army Captain
-Discussion: Who are the victimizers in this story? What elements of victim blaming were present in this movie?
Military authorities went to great lengths to cover up crimes that might create a scandal. Why? How much of this activity do
you think occurs today?
D. Sexual Assaults between Males [Learning Objective 10]
1. A 1986 law redefined rape as a gender-neutral offense.
2. NCVS data exclude attacks in jails.
3. Males are unlikely to report the offense or seek medical attention.
5. Both offenders and victims tend to be young, heterosexual, know their attackers,
and are attacked in one of their homes.
E. Sexual Assaults behind Bars [Learning Objective 9]
1. Studied by researchers for decades
2. In 2003, Congress passed the Prison Rape Elimination Act.
a. Survey data was to be administered by the BJS.
3. National Prison Rape Elimination Commission holds annual meetings to
determine best practices.
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See Assignment 5
F. Sexual Assaults within Marriages [Learning Objective 11]
1. Deemed impossible under English Common Law
3. Incidence and prevalence rates are difficult to determine; no empirical evidence
XI. Three Competing Approaches to Reducing the Problem of Rape and Sexual Assault
A. Blame-the-victim-approach is the oldest.
1. Females must change their ways and take precautions to reduce their risks.
B. Blame-the-offender approach views offenders as mentally disturbed.
1. Criminal justice strategies must remove offenders from circulation.
3. Harsh punishments are deterrents.
C. Institution-blaming perspective blames economic, political, and social inequalities
between males and females on the prevailing culture.
1. Attitudes and myths must be changed
2. Encourages bystander intervention
LECTURE NOTES
A paradox surrounds the crime of rape. On the one hand, a victim’s allegations sometimes are sneered at
and can become the subject of crude jokes. On the other hand, some rapists are punished so severely that
sexual assault ranks as one of the most terrible and strictly forbidden of all interpersonal crimes. Today,
who the offender is, who the injured party is, and how the female acted before and during the sexual
assault still largely determine the criminal justice system’s response to the crime. Public reactions are
shaped by social attitudes as much as by legal codes, and both attitudes and laws have been changing in
recent decades.
Forcible rape is one of the most heinous violent crimes imaginable; yet for centuries, social reaction
Today, the crime of rape is gender-neutral, which means males are now recognized as targets (almost
always of other men). Intercourse is not the only punishable activity. Other unwanted invasions of the
body and forced submission to sexual acts are outlawed as well. “Forcible rape’’ implies that the victim
reasonably fears bodily harm if she (or he) refuses to acquiesce. Lack of consent, therefore, remains the
key factor that constitutes a sexual assault. ‘‘Aggravated’’ rape is penalized more severely, as it involves
more than one assailant, and/or the use of a weapon, and/or the infliction of additional wounds besides the
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unwanted penetration. Sexual assaults, short of rape (e.g., unwelcomed sexual contacts like fondling),
carry a lesser penalty. Taking sexual advantage of a person who is mentally retarded or unable to give
meaningful consent because she is drugged, drunk, or unconscious (whether this altered state was induced
by the offender) is illegal. Besides forcible rape, statutory rape is also against the law, but the penalties
are not as severe. When a minor below the legal age of consent voluntarily engages in sexual intercourse,
The antirape movement and feminist legal scholars who led the rediscovery of rape victims triggered
public and private discussions about previously unnamed types of violations like date rape, acquaintance
rape, marital rape, and male rape. During the 1980s, victims of sexual assaults by men they knew were
rediscovered. Since then, federal and state laws have been rewritten and victimization surveys have been
reworded to take into account the possibility that the attacker was a nonstranger.
The clash between victim blaming and victim defending is particularly sharp when it comes to rape. Some
would argue that if forced intercourse is preceded by a series of consensual acts with sexual overtones,
her ‘‘contributory behavior’’ makes the nature of the crime less serious, and it should be penalized less
severely than an ambush of an unsuspecting and depersonalized target. The victim-blaming perspective
evaluates the crime with an eye toward how the victim ‘‘assumed the risk’’ of attack when she voluntarily
A great deal is at stake in the battle for public support between victim-blaming and victim-defending
viewpoints. The problem of rape forces people to choose between two very different courses of action.
Who or what has to change: how women behave in the company of men, as victim-blaming contends; or
how boys and men treat girls and women, as victim-defending emphasizes? Victimologists have studied
the plight of rape victims intensively for several decades. Researchers aim to assess the nature of the
suffering and discover ways of speeding up the recovery process. Being raped is almost always a life-
altering experience and may haunt the survivor for the rest of her life. The ordeal itself and the turmoil
IRM 10–12
Even though most rapes are not completed (according to the yearly NCVS surveys, about two-thirds are
not), females who thwart their assailants’ intentions still suffer serious psychological scars.
Victimologists and criminologists routinely point out official statistics; however, that usually do not
accurately indicate how many crimes of a specific kind are committed each year, mainly because many
endured. The reasons females cite most often for not bringing their problems to the attention of the
authorities are they fear reprisals, consider the incident to be a private or personal matter, or feel they lack
proof to make the charges stick.
Various studies since the 1950s have indicated that incidents involving aggressive, forceful, and offensive
sexuality are disturbingly commonplace. About 15 percent of all women reported that they had endured a
improper cross-examinations during the mid-1970s to the mid-1980s. Generally, shield laws stipulate the
defense cannot introduce evidence about an accuser’s past sexual conduct unless the woman has
previously been convicted of prostitution, has had consensual sex before with the defendant, or has an
obvious incentive to lie. Critics of shield laws want fewer restrictions on the line of questioning a defense
attorney can pursue. Limitations impair the ability of the accused to effectively confront his accuser and,
IRM 10–13
identity should be revealed in media accounts of the case. Laws prohibit the press from publishing the
name of the victim of a sex crime in a number of states. Elsewhere, most newspapers, magazines, and
radio and television stations have adopted a policy of self-restraint that shields the injured person from
unwanted public exposure.
decades, the plight of other groups soon was rediscovered: drug-facilitated sexual assaults, sexual assaults
on campus, sexual assaults in the military, sexual assaults between men, sexual assaults behind bars in
jails and prisons, and sexual assaults within marriages. Warnings about drug-fueled sexual assaults have
been increasing in frequency and intensity. In most cases, women suspected that their drinks were spiked
with Rohypnol, GHB, MDMA, or ketamine to induce sedation or temporary amnesia. While the true
figure dropped to 15,000 in 2016—a hopeful sign when combined with the Department of Defense’s
higher reporting rate of 33 percent.
The forcible rape of a male by a female is presumed to be rare (as distinct from cases of seduction and
statutory rape of boys by mature women), and the imagery usually arouses smirks rather than alarm.
However, the molestation of little boys by men has been of great concern for very long time. Records kept
IRM 10–14
Historically, marital sexual assaults were not considered crimes until 1975, due to a law in South Dakota.
Though marital rape is now illegal in all states, wives whose husbands forced them to submit to unwanted
degrading acts are the least likely sexual assault victims to report incidents, be believed by the authorities,
have their cases adjudicated, and secure convictions.
a deconstruction of the “he said/she said” interaction by victim blamers and victim defenders.
KEY TERMS
acquaintance rapes: Sexual assaults or coerced acts against the target’s wishes imposed by a
nonstranger, such as a friend, classmate, coworker, or neighbor.
agency: The ability of a victim to make choices, seize opportunities, and regain control of his or her
willing to engage in sexual intercourse.
post-traumatic stress disorder (PTSD): A persistent, recurring, intense emotional reaction triggered by
a highly unusual and potentially serious crisis.
procedural justice: The victim’s sense of fairness regarding legal proceedings.
rape crisis syndrome: An intense emotional reaction of being violated that repeatedly burdens a victim
IRM 10–15
reasonableness standard: An argument that rests on the assumption that most rational people would
arrive at the same conclusion.
series victimizations: Repeated incidents of a similar nature suffered by the same person.
ASSIGNMENTS
1. Evaluate the services your community provides for its victims of rape or sexual assault. Check with
local criminal justice officials, women’s organizations, and other agencies to determine what a victim
2. Create vignettes depicting stranger rape, acquaintance rape, date rape, and rape within marriage.
Incorporate these into a survey wherein your fellow students rate the levels of victim precipitation,
offender culpability, and harm for each scenario. Write a report summarizing your findings and
3. After reviewing several popular-press magazines, write a one-page paper outlining the ways in which
the advertisements underscore and/or defy cultural norms and myths about women and sexuality. Add
a final paragraph either detailing the ways in which these ads contribute to the idea of victim
4. Determine how sexual assault allegations are handled on your particular campus by interviewing
someone who works in that area. Be sure to identify the process required to file complaints, any
5. Perform a keyword search regarding news articles detailing sexual assault victims in the military, in
jail, or of male-on-male contact. Based on the articles, create a profile of the typical offender and the