Introduction to Rape and Sexual Assault

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Introduction to Rape and Sexual Assault © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION CHAPTER ONE © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FORIntroduction SALE OR DISTRIBUTION to Rape and Sexual AssaultNOT FOR SALE OR DISTRIBUTION © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC Without a doubt there are few categories of crime that affect the community NOT FOR SALE OR DISTRIBUTIONand their victims as much as rape,NOT sexual FOR assaults, SALE and OR the DISTRIBUTION other so-called sex-related or sex crimes.1 The impact of rapes and sexual assault crimes can be seen in the very way we live our lives and raise our children because they affect our overall sense of safety. We see this in a constant barrage of sex and violence© Jones in the & media;Bartlett one Learning, need only to LLC read newspapers or watch ©TV Jones to see & Bartlett Learning, LLC examples of it. Media coverage of sex crimes becomes particularly saturated whenNOT there FOR is aSALE high-profile OR DISTRIBUTION crime involving a well known victim orNOT offender, FOR SALE OR DISTRIBUTION or when there are especially gruesome aspects of the crime. Perhaps even worse is the community response and fear when there are reports of a serial offender operating within a particular jurisdiction, with multiple victims. © Jones & BartlettWhenever Learning, these crimes LLC are reported, the public becomes© Jones riveted & to Bartlett every sala Learning,- LLC cious detail of what happened; much like our reality TV programs, these NOT FOR SALEevents OR can DISTRIBUTIONbe both captivating and repulsive at theNOT same FOR time. However,SALE OR the DISTRIBUTION problem with rape and sexual offenses is far more complex than just the ter- rible nature of the crimes themselves and the fear they bring to so many. It is the combination of the crime and the community’s reaction, coupled with the many myths and victim stereotypes that make this type of crime so difficult © Jones & Bartlett Learning,to investigate LLC and even more difficult© Jones to prosecute. & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONLanning and Hazelwood2 addressNOT several FOR important SALE OR concepts DISTRIBUTION in the prob- lem of investigating and prosecuting these types of crimes. First, they address the general societal attitude of denial concerning aspects of child sexual abuse, child prostitutes, rape, and other sexual crimes. Denial in this context means © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC 1 The NOT terms FOR sex-related SALE crimes OR and DISTRIBUTION sex crimes are used interchangeably to describeNOT the many FOR SALE OR DISTRIBUTION offenses involving sex acts. What constitutes these offenses may differ by culture, jurisdiction, and legal definition. However, they generally include but are not limited to any forced sexual acts or other offenses including sodomy, incest, and child pornography, and may include status crimes such as carnal knowledge. 2 Lanning, K. V., & Hazelwood, R. R. (1988, September). The maligned investigators of criminal © Jones & Bartlettsexuality. Learning,FBI Law Enforcement LLC Bulletin, 57(9), 1–10. © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 1 © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR48695_CH01_Chancellor.indd DISTRIBUTION 1 NOT FOR SALE OR DISTRIBUTION13/07/12 8:36 PM © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 2 Chapter One: Introduction to Rape and Sexual Assault that© people Jones simply & Bartlett do not want Learning, to believe LLC or accept that these things ©happen Jones & Bartlett Learning, LLC in NOTour society FOR orSALE that reputable,OR DISTRIBUTION well known, and respected peopleNOT are FOR SALE OR DISTRIBUTION sometimes involved. The second problem is the general stereotypical under- standing of the term sex crimes. Because when we hear the word “sex” we think of terms like pleasure, ecstasy, warmth, sharing, love, and emotion, which of course are generally pleasant and comforting to us. But the word © Jones & “crime”Bartlett is associatedLearning, with LLC violence, anger, devastation,© Jones and fear, & Bartlettwhich are Learning, LLC NOT FOR SALEoften linked OR DISTRIBUTIONto physical harm and punishment. The NOTtwo words FOR really SALE do notOR DISTRIBUTION go together and for laymen what is generally heard or understood is the sex part of the term. Lanning and Hazelwood offer a much better description of these crimes as interpersonal violence or criminal sexuality because these terms better reflect what these crimes are actually about. © Jones & Bartlett Learning,Another LLC example of one of the many© Jones difficulties & Bartlettrevolving aroundLearning, rape andLLC NOT FOR SALE OR DISTRIBUTIONother so-called sex crimes is to compareNOT them FOR with SALE other criminalOR DISTRIBUTION acts. All we have to do is think of our own individual response or imagine the public’s response to any of the more common crimes such as the theft of a motor vehicle, the burglary of a home, or even physical child abuse. In each of these crimes the public can almost always accept and empathize with the© victim, Jones because & Bartlett no one Learning,wants to lose LLC their possessions, no one wants© Jones to & Bartlett Learning, LLC seeNOT another FOR person, SALE particularly OR DISTRIBUTION a child, injured, and certainly there isNOT a great FOR SALE OR DISTRIBUTION deal of general animus by the public toward the offenders and their criminal acts. But what is missing from these types of crimes is the general suspicion on the part of the public and police that the person making the complaint is making a false report. Generally speaking, these events are © Jones & almostBartlett always Learning, accepted LLC at face value as presented ©by Jones the victim. & Bartlett Unfortu- Learning, LLC NOT FOR SALEnately, thisOR is DISTRIBUTION not necessarily the case with rape and otherNOT sex-relatedFOR SALE crimes. OR DISTRIBUTION As we will cover in more detail throughout this text, sex-related crimes are the only ones where we, culturally or as a society, tend to more readily disbelieve victims when they make a report of their sexual victimization; and before their complaint is taken seriously, we almost insist that victims be able © Jones & Bartlett Learning,to prove LLC they are not lying. It is also© Jones one of the& Bartlett few crimes Learning, where police LLC NOT FOR SALE OR DISTRIBUTIONand other researchers are concernedNOT with statisticsFOR SALE of false OR reporting, DISTRIBUTION or what is often referred to as unfounding.3 The statistics on the number of cases that are determined to be unfounded by the police have been batted back and forth for years by different groups with varying agendas. The police may use them to reflect the difficulties in working these types of cases and to reflect a © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 3 The term unfounded has no standard definition in the law enforcement community and the term has come to mean different things to different agencies. For instance, it could mean an investi- gation that was closed without prosecution, was closed based on lack of cooperation by the victim, or the victim requested not to proceed any further with the investigation. To most agen- cies and detectives, this term is used to describe allegations that were determined to be based © Jones & Bartletton a false report. Learning, Therefore, LLCbased on their investigation the offense© Jones never happened & Bartlett and was Learning, LLC NOT FOR SALEthus “unfounded.” OR DISTRIBUTION The difficulty when conducting research intoNOT this aspect FOR of rapeSALE investiga OR- DISTRIBUTION tions is determining which definition was used by a particular agency. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR48695_CH01_Chancellor.indd DISTRIBUTION 2 NOT FOR SALE OR DISTRIBUTION13/07/12 8:36 PM © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Historical Perspective 3 much© Jones lower incidence& Bartlett of occurrence. Learning, For LLC instance, if 100 incidents of ©rape Jones were & Bartlett Learning, LLC reportedNOT FOR in a communitySALE OR in DISTRIBUTION 1 year, but 30 of these cases were determinedNOT FOR to SALE OR DISTRIBUTION be unfounded or never to have happened, then the police can report only the 70 rape offenses actually occurred during that particular reporting period. One purpose of collecting these statistics is to show the community was safer with only 70 victims than it might seem if the number of victims © Jones & Bartlettreported wasLearning, 100. Various LLC male groups have also use© Jonesthese same & Bartlett unfounded Learning, LLC NOT FOR SALEstatistics OR in DISTRIBUTION order to reflect the number of false reportsNOT confronting FOR SALE men, whileOR DISTRIBUTION feminist groups use these statistics to reflect the callous treatment of victims by the male-dominated police, criticize a particular study
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