For most mammals, penile penetration of a female by a male is done only when the female is in estrus, or “heat” as it is commonly called. However, forced penetration is common in a wide variety of animal species (Lalumiere et al., 2005b); for instance, male orangutans often engage in forced mating and vicious biting of the female. Humans can have sexual intercourse at any point in the menstrual cycle, which means other motivations determine when intercourse might take place. However, in humans, male and female desire for sexual contact may not coincide.
Defining Rape and Sexual Assault
The line that separates rape from other categories of sexual activity can be blurry because of the fine distinctions between forced and consensual sex, as well as societal patterns of female passivity and male aggression (LaFree, 1982). For instance, societal and cultural rules often dictate that men, not women, should initiate sexual activity. These beliefs about how sex is supposed to be can make defining rape a difficult task.
Typically we define rape as forced sexual intercourse (force can be physical or psychological), and sexual assault as victimization that include unwanted sexual behavior.
That said, it’s also important to point out that every state has its own legal definitions of rape and sexual assault. For example, in order for a rape to occur in North Carolina there must be penile-vaginal intercourse, whereas in other states, such as Arkansas and New Jersey, a rape can include penetration with a hand, finger, or object (American Prosecutors Research Institute, 2003b). Lack of consent, force or threat of force, and vaginal penetration are typically included in the definition of rape and sexual assault. Ejaculation is not a necessary part of the definition; however, there are states that require the exchange of semen in order for a crime to be established (American Prosecutors Research Institute, 2003b).
Regardless of state definitions, many women do not consider an assault rape if there was no penis involved (Bart & O’Brien, 1985). This is because many women view rape as something that is done by a penis (intercourse, fellatio, sodomy) rather than something done to a vagina (digital penetration, cunnilingus, touching). However, research has shown us that a woman subjected to such assaults still experiences a trauma quite similar to that of a woman who is forced to endure penile penetration. A nonpenile sexual attack has also been referred to as sexual assault and is defined as the unwanted touching of an intimate part of another person, including the genitals, buttocks, and/or breasts, for sexual arousal. Sexual assault also includes sexual penetration (vaginal, oral, anal) as well (Searles & Berger, 1987). This would include rape that occurs to both females and males.
Recently there has been a debate about the appropriate term for a person who has experienced a rape. Although the word victim emphasizes the person’s lack of responsibility for the incident, it may also imply that the person was a passive recipient of the attack. The term victim can also become a permanent label. Some prefer the term survivor, which implies that the person had within her — or himself the strength to overcome and to survive the rape. It also confirms that the person made important decisions—for example, not to fight and possibly be killed—during the assault and thus was not com-
Many countries, and states within the United States, have legal ages of consent. The age of consent is how old a person must be to be considered capable of legally giving informed consent to engage in sexual acts with another person. It is considered a crime for a person to engage in sexual behavior with someone below the age of consent. Many countries and states provide ages of consent for male-male and female-female sex. In some countries there is no information on specific ages for certain behaviors.
Source: "Legal age of consent.” (1998-2000). Retrieved November 30, 2005, from http://www. ageofconsent. com/ ageofconsent. htm |
pletely passive. However, for clarity, in this chapter we will use the term victim to refer to a person who has survived a rape.