Why Marital Rape for a Topic?
Marital Rape: The Close friend raped by her husband Line Between Personal family history of Domestic Violence Consent & Coercion Strong Passion for Women’s Rights Dale Fukura MN, RN, Scholarly Project – Masters in Nursing Forensic Nurse Examiner 2010
Disclaimer Definitions Used for this Presentation Rape forced vaginal, anal or oral sex Intimate partners While victims and offenders may be can include current or former spouses, dates, non- cohabitating intimate partners or cohabitating either male or female, for the partners purposes of this presentation, victims (Bennice & Ressick, 2003) will be referred to as female and Forced sex can include unwelcome sexual acts offenders will be referred to as male rough or painful intercourse, threats of violence if sex is refused or beatings which may occur before, during and/or after sexual intercourse (Campbell & Soeken, 1999).
Definition (cont) Battering
Battering is different from physical Legal definition for most states assault because it is chronic/continuous refers to rape as a non-consensual sexual behavior, that includes coercion, by the abuser Process where the intimate partner victim (Anderson, Cooper & Okamura, 1997) loses Marital Rape power Also referred to as: control Spousal rape becomes psychologically vulnerable Intimate partner rape (Coker, Smith, McKeown & King, 2000) The offender may use any one of these or a Categories of Marital Rape combination in order to maintain control.
Force Only The amount of violence may change or increase over man uses only the amount of force needed to coerce time. wife into having sex Marital rape is a betrayal of trust not just a physical Battering Rape and sexual violation. woman is raped and beaten It is an act that may be repeated frequently beating occurs before, during or after the sexual assault Results in the victim feeling they deserved what has happened to them. Sadist/Obsessive Rape (Hidden Hurt: Domestic Abuse Information) man uses torture or perverse sexual acts, often involving pornography
(Bergen, 1999).
Historical / Legal Context What this meant… Man could rape his wife Historical definition of rape Without fear of prosecution
A man having sex with a woman not his wife Wife had belief she could not refuse sex with husband (Finkelhor & Yllo, 1985) Without her consent
(Bergen, 1999) Some (both men and women) who still believe this
Historical Context 1993 All 50 states had one section of sexual 1736 offense codes to cover marital rape Chief Justice of England stated man could 33 states had conditional exemptions not rape his wife designed to protect a man from rape claim She had “given” herself in marriage These exemptions primarily related to (Russell, 1990) degree of violence used 1950s Bennice & Resick, 2003; Kirkwood & Cecil, 2001) Benjamin Karp stated that rapists were victims of disease Claimed many suffered more than their The closer the relation b/t couple, the victims less like assault will be considered rape (Brownmiller, 1975) (Kirkwood & Cecil, 2001) Washington State Statistics What is Coercion?
2000, 203 cases of non-stranger rape One definition is the use of force to gain were investigated as DV cases compliance or submission (Oxford English Dictionary). No information re: victim and offender
Can mean different things to different No information re: gender of those involved people
Offender may/may not be spouse
(Covering Domestic Violence in the Media)
Coercion – why is it important Coercion and marital rape become more Date rape & rape by acquaintance often confusing with the addition of cultural involves coercion factors
Coercion is often involved in marital rape Some cultures believe marital rape can not occur
Cultural definition of marriage affords them the right to sexual activities (Heise, Moore & Toubia, 1995)
Most Arab/Islamic countries offer no help for In Kenya it is estimated that more than a wife who is abused. 16,000 rapes occur every year A woman may be granted a divorce only if Only about 8% are reported to health officials there are physical injuries. or law enforcement At a Bahrain Anti Domestic Violence Center Even so, the number of reported cases has in 2008, almost ½ of DV cases reported gone up from 515 in 1990 to over 1600 in involved sexual violence by a spouse . 2000. (The WIP Contributors: Bahrain offers Women No Protection from Spousal Rape.)
(Rape is Prominent in Kenya Elections) 43% of divorce cases are due to violence, Asian, African-American and Latina women not rape. are more likely to stay with their partners. (Russell, 1990) Rape between a husband and wife does not Immigrant women who are controlled by exist in Islamic law. abusive partners have multiple barriers to leaving: Afghanistan law allows for spousal rape for Shiite couples. fear they might be deported
(The WIP Contributors: Bahrain offers Women No Protection from Spousal Rape.) Possibly being separated from children (Dasgupta, 1998)
Spousal rape affects members of the Lesbian, Gay, Bisexual Transgender population (LGBT) as well. Searched online for examples of student education regarding coercion and SA One small study found 36% of women and 34% of men experienced forced sex with a Reed College Handbook current or recent partner. (Sexual Coercion in Gay Male and Lesbian Relationships) Defines consent & coercion Tells what victim of rape should do In another study of almost 300, 52% reported at least one incident of sexual coercion by partner. (Wisconsin Coalition Against Sexual Assault)
Coercion (cont) Coercion (cont)
Hampshire College handbook Mount Holyoke College handbook Section on sexual harassment Detailed definition of rape, coercion, No information about protection from consent sexual assault Notes that consent is required for sexual Berkeley University handbook intercourse Consent is Section deals with sexual assault & rape Explicitly communicated Does not discuss coercion Reversible Evergreen State College handbook Mutual agreement Primarily deals with after the rape Fine line between consent & coercion Self - Help Books
Many use self-help books as a resource Looking at books dealing with violence in the family One looked at battered women but little on Looking at marriage counseling books forced sex (Wilson, 1997) 3 of 4 – no pertinent information (Combs, 2004; Ferguson, 2006; Spring, 1996) One did cover sexual assault and forced sex (Dugan & Hock, 2006) One discussed dysfunctional sexual relationships but did not specify coercion or consent (Markman, Stanley & Blumberg, 2001)
Four Types of Coercion Five Types of Acquiescence Social Unwanted turns to wanted Societal expectations that are part of being a wife Inconvenience of marriage Interpersonal Easier not to argue Sex occurs as the result of aggressive behavior of husband Doesn’t know what will happen if I don’t Threatened Physical Husband specifically implies use of force Know what will happen if I don’t Physical Spouse uses physical violence during sex (Basile, 1999) (Finkelhor & Yllo, 1985)
Acquiescence due to Forced sex may occur occasionally for Fear of what might happen or many Knowing what will happen These are severe forms of violence May occur with other satisfying, consensual sexual acts Important to look at first three types This further confuses the issue Unwanted turns to wanted (Campbell & Soeken, 1999) Marital duty Easier not to argue In cases of forced sex 56% of victims did not refer to this as rape Will there be an escalation from these forms to the more violent categories? They did not say “no” (Basile, 1999) (Basile, 1999) Affects on Sexuality & Fertility Popular Attitudes
Women have 4x greater risk of unwanted or Study with 469 undergraduate students mistimed pregnancies Students stated marital rape least likely to be Due to coercive control considered rape (Kirkwood & Cecil, 2001) Unclear what came first – abuse or pregnancy (Gazmararian, Adams, Saltzman, Johnson, Bruce, Marks, Zahniser & the Prams Working Group, 1995) Study of violence between intimate
Husband takes away her ability and control partners in Cape Town for safe sex Incidence of sexual violence linked to use of Loss of control - does/does not want children violence for other problem solving (Abrahams, Jewkes, Hoffman & Laubsher, 2004) Takes away her power for decision making (Coggins & Bullock, 2003)
Societal Beliefs as to Incidence Rape Myth Acceptance Approx 80% of general population Believe husbands use force often or somewhat often…BUT Rape supportive attitudes Society does not look at marital rape as real rape May believe marital rape is less traumatic for victims The more intimate the relation (Frese, Moya & Megias, 2004) The more likely forced sex will not be considered rape Those who believe in more traditional Believe that it is less likely harm will have occurred marriage beliefs More likely the victim will be blamed Place greater responsibility on victim (Basile, 1999; Kirkwood & Cecil, 2001; Monson, Langhinrichsen & Binderup, 2000) Victim deserved attack (Whatley, 2005)
Potential Reasons for Lack of Limitations of Studies Research Disagreement of definition of rape Belief that this type of rape is less Is it rape or acquiescence (Basile, 1999) important than stranger or date rape Ambiguity regarding the term “coercion” Marital rape may be considered societal Personal opinions = different definitions taboo in American culture (Kirkwood & Cecil, 2001) (Whatley, 2005) Few studies where marital rape is the main topic Difficult to recruit study participants Available studies often lack prevalence Safety issues statistics Hidden (Kirkwood & Cecil, 2001) Limitations of Studies (Cont) Case Study #1 Many studies use college students as Lee - middle age Caucasian/Native American participants female More likely to make sex-role stereotypes Teen years for victim blaming Initially did not recognize emotional/physical (Monson, Langhinrichsen-Rohling & Binderup, 2000) abuse against her Based on information, she was emotionally abused Large number of study participants were Caucasian Can lead to sample bias All names have been change to protect the privacy of the victim (Basile, 1999; Kirkwood & Cecil, 2001; Monson, et al; Whatley, 2005)
Met Bill in her early twenties Emotional abuse began immediately About that time, met Roy 2 weeks before wedding he hit her in He picked up the pieces the face Convinced her to marry him She called wedding off Took her to California
Her mother advised her to go back and Roy was domineering but, initially, sex “deal with it” was consensual
He began to use coercion Lee feels she should have seen warning Her responsibility to give him sex whenever signs he wanted he had vast pornographic collection Isolated from family – told her she only had Most dealt with child pornography him
Lee does not recall other incidences of Promised to move back near her family rape by Roy Later told her he had lied to her
He wanted children – she didn’t Psychological abuse continued until their He raped her divorce Lee was never denied birth control Coercion occurred almost every time, for Refused to take her to hospital for tubal ligation Did not visit her sex
She was forced to perform sexual acts against She feels in retrospect, she was raped her will frequently
Roy videotape sex acts with her Lee has since remarried Current husband is gentle and understanding He often pressured her to participate in group Knows Lee’s past history sex
Not Lee’s first experience with DV or Like Lee - About 1/3 of violence identified sexual abuse by victims occurs in current or recent Paternal grandfather was physically relationship abusive For a woman - if father Father was physically abusive until Lee physically/emotionally abused mother was a teenager significantly greater risk to become a victim of As a child was sexually abused by domestic violence neighbor and family friend She may see violence as normal aspect of intimate relation
Lee did not have a positive role model (Coker, Smith, McKeown & King, 2000) for stable family
Case Study #2 Julie is a 40-something professional woman Like Roy – men with increased exposure to pornography are more excepting of use of sexual coercion She was 16 & Tim was 15 when they met (Anderson, Cooper, Okamura, 1997) Julies family has no history of DV; Tim’s does
5 months after started dating, thought she was pregnant Initially considered sex consensual Several months later discovered she was pregnant
In retrospect, feels he was coercive This was when the physical violence began Tim expected sex daily
He began to hit her Early in relation, she tried to break up He became upset Controlling behaviors increased Threatened to kill himself Still demanded sex daily He talked her into returning Threatened violence if she did not comply
Tim was jealous After becoming pregnant again, he decided they should marry. He frequently accused her of sleeping with men
Tim’s dad had wanted her to abort 1 st After 2 nd child was born, Tim thought Julie had pregnancy slept with his cousin
Now he didn’t want them to marry He became angry while driving
He got angry and threw her against a wall Threatened to crash car and kill them all
He finally calmed down
Tim threatened to kill her One job she held was as a waitress.
Forced her to drive When she was pregnant with their fourth child, Tim saw a regular customer wave He became more angry and made her stop
Tim accused her of sleeping with him He forced her to climb into the passenger seat
She finally admitted she had Wouldn’t let her out; afraid she’d run He made her feel attractive Tim drove, beating her as they went Listened to her Feels she may have been looking for a Julie kept her purse over abdomen rescuer Protect her unborn child Tore her wedding ring off her finger This was the first time she realized she was Threw it out the car raped Both eyes were puffy
One eye and lip were bleeding In retrospect she knows she was raped multiple times both before and after
At home Tim’s pattern after violent outbursts was to pinned her to the bed express remorse, cry and threaten suicide ripped off clothes raped her In the end Julie made the decision to divorce
Getting Away Tim beat her in front of their 4 kids, ages from a Julie began planning few months to 5 years
She hid small amounts of money Afterwards he expressed remorse
Family helped her buy plane tickets to fly to her Wrapped vacuum cord around his neck parents
Julie tried to stop him When Tim left for work, Julies family and friends helped her pack up the house – it was her things Manager didn’t call police intimidated by Tim They went to the airport
Julie and Tim were together for 7 years Julie was denied birth control measures from the start
Tim was physically violent 6-8 times a year Tim said it would kill her
She was also frequently shoved Tim isolated her from family and friends
Tim used intimidation to control Julie and for sex 20 Years later she still reacts to his violent legacy
Tim didn’t use alcohol but did use marijuana during these violent outbursts Very emotional even today Tears and anger Conclusion
When woman is sexually assault by one Women are frequently screened for that she should expect trust and love from physical abuse Shock may be more than that of a victim of Less likely to be screened for forced sex stranger rape Considered too intrusive into personal life Effects more be more long-lasting Dugan & Hock, 2006 (Yllo, 1999) Healthcare often assumes sexual This was true especially for Julie intercourse is consensual In reality it may unwanted, forced or violent (Coggins & Bullock, 2003)
Why Forensic Nurses Research appears to be lacking in area of Have the knowledge re: interpersonal Marital rape crimes Coercion related to forced sex Can support clinical staff in issues r/t Important to identify victim and offender Victims As educator Trends of potential abuser violence What may/may not be evidence and how to escalation rates handle it Characteristics of abusers / victims that As clinician cause abusers to become more violent Screen for violence Treat victims/offenders ID, collect, preserve evidence
References
Abrahams, N., Jewkes, R., Hoffman, M. & Laubsher, R. (2004). Sexual violence against intimate partners in Cape Town: Many researchers believe marital rape prevalence and risk factors reported by men. Bulletin of the World Health Organization. 82(5), 330-337. vastly under reported Anderson, B., Cooper, H. & Okamura, L. (1997). Individual differences and attitudes toward rape: a meta-analytic review. Personal & Social Psychology Bulletin, 1997, 23(3), 295-321. Potential number of women who have Basile, K.C. (1999). Rape by Acquiescence: The ways in which been victims/will be victims in lifetime is women “give in” to unwanted sex with their husbands. Violence Against Women, 5(9), 1036-1058 staggering Bennice, J.A. & Resick, P.A. (2003). Marital rape: history, research and practice. Trauma, violence & Abuse, 4(3), 228- 246 References (cont) References (cont) Bergen, R.K. (1999). Marital rape. Applied Research Forum: Combs, D. (2004). The Way of Conflict . Novato CA: New World National Electronic Network on Violence Against Women . Library
Brownmiller, S. (1975). Against our will. New York: Simon & Covering Domestic Violence in the Media. Retrieved August 30, Schuster. 2005 from http://wscadv.org/projects/FR/Media_Guide.pdf
Campbell, J.C. & Soeken, K.L. (1999). Forced sex and intimate partner violence. Violence Against Women, 5(9), 1017-1035. Dasgupta, S.D. (1998). Women’s realities: Defining violence against women by immigration, race, and class. In R. Bergen (Ed.), Issues in intimate violence (pp.209-218). Thousand Oaks, CA: Coggins, M. & Bullock, L.F.C. (2003). The wavering line in the sand: The effects of domestic violence and sexual coercion. Issues in Sage. Mental Health Nursing, 24, 723-738. Dugan, M.K. & Hock, R.R. (2006). It's My Life Now: Starting Over Coker, A.L., Hall Smith, P, McKeown, R.E. & King, M.J. (2000). After an Abusive Relationship or Domestic Violence (2nd Ed). Frequency and correlates of intimate partner violence by type: London: Routledge Physical, sexual and psychological battering. American Journal of Public Health, 90(4), 553-559. Ferguson, D. (2006). Reptiles in Love : Ending Destructive Fights and Evolving Toward More Loving Relationships. San Francisco: Jossy –Bass
References (cont) References (cont) Finkelhor, D. & Yllo, K. (1985). License to rape: Sexual abuse Kirkwood, M.K. & Cecil, D.K. (2001). Marital rape; a student of wives. New York: Holt, Reinhart & Winston. assessment of rape laws and marital exemption. Violence Against Women, 7(11), 1234-1253. Frese, B., Moya, M. & Megias, J.L. (2004). Social perception of rape: How rape myth acceptance modulates the influence of Markman, H.J., Stanley, S.M. & Blumberg, S.L. (2001). Fighting for situational factors. Journal of Interpersonal Violence, 19(2), 143- Your Marriage: Positive Steps for Preventing Divorce and 161 Preserving a Lasting Love, New and Revised. Jossey-Bass: San Francisco Gazmararian, J.A., Adams, M.M., Saltzman, L.E., Johnson, C.H., Bruce, F.C., Marks, J.S., Zahniser & The Prams Monson, C.M., Langhinrichsen-Rohling, J. & Binderup, T. (2000). Working Group (1995). The relationship between pregnancy Does “no” really mean “no” after you say “yes? Attributions about intendedness and physical violence in mothers of newborns. date and marital rape. Journal of Interpersonal Violence, 15(11), Obstetrics & Gynecology, 85(6), 1031-1038 . 1156-1174
Oxford English Dictionary, Retrieved April 19, 2006 from Heise, L., Moore, K. & Toubia, N. ( 1995). Defining “coercion” and “consent” cross-culturally. SIECUS Report, 24(2). http://dictionary.oed.com.offcampus.lib.washington.edu/entrance.dtl
Rape is Prominent Issue in Kenya Elections: Women eNews. Hidden Hunt: Domestic Abuse Information. Retrieved January Retrieved January 31, 2010 from 31, 2010 from http://womensenews.org/story/rape/020401 http://www.hiddenhurt.co.uk/Articles/maritalrape.htm .
References (cont) References (cont)
Russell, D.E.H. (1990). Rape in Marriage (expanded and rev. ed.). Whatley, M.A. (2005). The effects of participant sex, victim dress Bloomington: Indiana University Press. and traditional attitudes on causal judgments for marital rape victims. Journal of Family Violence, 20(3), 191-200. Spring, J.A. (1996). After the Affair: Healing the Pain and Rebuilding Trust When a Partner Has Been Unfaithful. New Wilson, K.J. (1997). When Violence Begins at Home: A York: Harper Collins Publishers, Inc Comprehensive Guide to Understanding and Ending Domestic Abuse. Hunter House Inc: Alameda Ca. Washington State Legislature Retrieved December 11, 2004 from http://www.leg.wa.gov/RCW/index.cfm?section=10.99.020&fuseacti The WIP Contributors: Bahrain Offers Women no Protection from on=section Spousal Rape. Retrieved February 26, 2010 from http://www.thewip.net/contributors/2009/06 Waterman, C.K., Dawson, L.J., Bologna, M.J. (1989). Sexual coercion in gay male and lesbian relationships: Predictors and Wisconsin Coalition Against Sexual Assault: Lesbian, Gay, Bisexual, Implications for support services. The Journal of Sex Research, Transgendered (LGBT) Populations and Sexual Assault. (2003) 26(1), 118-124.
Yllo, K. (1999). Wife rape: A social problem for the 21st century. Violence Against Women, 5(9), 1059-1063. Questions???
Contact information: Dale Fukura, MN, RN, APFNS Forensic Nurse Examiner [email protected]