Sexual Assaults in Colleges Essay

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Abstract

Blood alcohol content (BAC) is the known metric that refers to alcohol intoxication for medical as well as legal purpose. Research shows that when level of blood alcohol content goes higher than 0.08, college students are no longer able to give sexual consent. Congress creates laws that address issues of public policy concerning blood alcohol content that translates into substantial impacts to the nation. The laws need to be made clear to police officers and students who carry out investigation and determine whether there is a reason to impose punishments. This shall ensure students are enlightened when it becomes unlawful to have intercourse with someone who is too much intoxicated to a point of being unable to give meaningful consent.

Cases have previously been reported whereby rape has occurred due to alcoholism. Students noted to be drunk and unable to control themselves. Rules and policies have been enforced especially by White House to strengthen the colleges in response to sexual assault. Different universities in United States have being reported about sexual assaults that need to be controlled. Rape as one of sexual assaults refers to a crime that involves manipulation and forced act that happens without the consent of the victim.

Blood alcohol content (BAC) is normally used as a metric to refer alcohol intoxication for medical or legal purpose. It is noted that in the year 2000, the Congress passed a legislation that aimed to lower the legal limit of peoples’ Blood Alcohol Content from 0.10 to 0.08 (Hales, 2013). As the Congress creates laws to address issues of public policy about Blood alcohol content translates into substantial impacts to the states. The concern is about the effects associated with alcoholism in colleges, especially to the youths. It is thus the reason as to why institutions are accused of the misconduct identified in most college students in various states. Notably, when the level of Blood Alcohol content is higher than 0.08, campus students are believed to have no capability of giving sexual content.

It has become the concern of the White House to recommend the strengthening the policies in colleges in responding sexual assault. The addressed question is the connection between rape and the use of alcohol. The recommendation suggested that reduction of the incidences of campus sexual assault require guidelines about when is should be considered a crime to have sex with drunk person (Warner, 1980). Such rules and policies need to be made clear to students and the police officers who investigate allegations and determine if there is need to impose punishment. Ideally, it is to make it clear that when exactly is unlawful to have sex with a person who is too much intoxicated to a point of being unable to give meaningful consent (Odem, 1998).

The policy states that intercourse with someone too drunk to consent is unlawful despite whether the perpetrator uses no cruelty to for his way (Correia, Murphy & Barnett, 2012). It is considered a crime whether the survivor does not verbally or physically object. The policy as well consider the intercourse as a crime give that the female passed out, however, is conscious before and even during the encounter. The law rule and policy enforce the law state it’s a crime to have intercourse even the victim was not forced or drugged or even tricked into alcoholism by the perpetrator but got drunk personally. It is true that some people have sexual intercourse while under influence of alcohol. This is a norm in most campuses in various states. The question remains if the perpetrator does not use violence and the victim did not resist, how sure then can we justify that the drunken intercourse was not consensual?

According to law, rape on the other hand can be expressed as the criminal sexual activity and normally sexual intercourse did under threat of injury or forcibly against the will usually of a woman or with a person under a given age or unable of valid consent (Turvey, 2014). Initially, some cases of rape have been reported whereby a lady too intoxicated was noted in campus corridors. Falling down drunk, unable to talk coherently or clearly also uncoordinated to undress which was a serious occurrence. Such behavior in colleges encourages the events that lead to rape cases since the conduct observed is termed chaotic. The lady observed as well was seen slumped over a washroom vomiting, sick drunk and urinating on herself. The incident was later reported to the administration of Cambridge campus that the vice, rape, happened to the lady. In such a condition it was surely no possibility of meaningful consent (Wilkins, 2011).

Moreover, in other cases like in Barnard College and Columbia University statistics show that over 20 students have filed complaints against the school for misappropriates and rejecting their rape claims (Wilkins, 2011). This has led to the reason why some incidences go unreported. The colleges set rules and policies to govern the students but neither of them adheres to them. The vice in the colleges has become very vital in that the perpetrators walk free of charge without convicted by law or punishment imposed to them. Research suggested that about 96% of rape cases happening in universities are due to about 4% percent of the college students who do such. It is because the same students doing it do it repeatedly to different students (Kruttschnitt at el 2014). The administrations seem to assume the occurrences hence discouraging victims to report the matters.

In the University of Harvard, 28 professors of law condemned the university over alleged new sexual assault procedures for lacking enough basic elements of due process and fairness (Chisum & Turvey, 2011). The university is believed to object serious cases reported since the professors seek to understand the measures taken by administration in cases of sexual assault. Not only have the females claimed to be assaulted but also men since reports claim that men are raped and women being the perpetrators. Most of such cases go unreported as it has being confirmed in various sources of research. Some authorities claim to evaluate the accusations made by men about rape under same standards applied while involving female complainants. The determination sometimes in such scenario might be bias due to mere believed that females seem to be more vulnerable.

Duke University, University of Michigan and Vassar College rapes cases have emerged whereby male students who claim to be innocent eventually get sued due to being found guilty (Wilkins, 2011). In some cases, mistaken findings of guilty are possible since the federal government forces schools to utilize a lower evidentiary standard. This kind of judgment does not clearly seek beyond doubt the proof for perpetrators of sexual assault in colleges. This is a very critical requirement during rape trials where justice has to be delivered. Institutions and government have the mandate to seek clear way of ensuring law are well implemented to reduce the challenges occurring in the colleges.
Statistics show that about 12000 men and 85000 women are raped in Wales and England alone almost every year. This can be justified as 11 rapes every hour for adults only (Kruttschnitt at el 2014). The incident becomes a societal problem since it requires community awareness to control such rates happening. Research indicates that in every 5 women one of them aged 16 to 59 years has experienced sexual assault from 16 years. Some sources show that 15% of people who experience sexual violence decide to report the causes to police whereby 90% of the victims are believed to know the perpetrators prior to the crime (Kruttschnitt at el 2014). In America rape is termed to be the most crime that goes unreported. Significant reforms to enhance the treatment of the victims have happened previously. The impact of the changes has led to women’s movement seen in mental health, legislature and medical together with victim services stadiums.

Rape specifically refers to a sexual assault crime that involves manipulated and forced act that happens without the consent of the victim (Warner, 1980). Evaluating rape is not a matter of intercourse but an expression of control. Feminist intellectuals challenged the recent understanding of rape law to reform the goal to create awareness in the control issues carried out. In this case, rape is determined under control theory whereby the issue of consent is entangled in the role of alcoholism in sexual hostility. Research suggests that 50% of events of sexual aggression happen when victim is under influence of alcohol or both of the intoxicated (Warner, 1980). At a point whereby no consent has to be made then that terms the sexual act rape.

A case can be determined as rape under gender-based hate crime. The perpetrator, in this case, can commit the crime be uttering gender-derogatory epithets like slut, bitch and whore. A comment can be made reflecting anti-female bias. The defendant in crime associated with rape alleges that no means yes whereby it a stereotype kind of comment and a claim. The rape victims usually undergo mental health consequences of rape compared to any other form of crime. Normally rape trauma affects the victim’s memory. According to experts, the body focuses on the source of threat instead of contextual details like time and place that later completes the vision of an attack (Correia, Murphy & Barnett, 2012).

An incident can be considered rape as the victim can remember the details of the assault. According to research, rape exacts a toll on the memory of the victim same as a trauma (Kruttschnitt at el 2014). The victims seem not to remember accurately what happen during the scenario as reported by most psychologists. In decision making, the evidence of rape should not tamper with at all cost. In most states suggest that the clothes and any evidence that shows a form of struggle like tearing of clothes should be provided during the trials for determination.

References

  1. Chisum, W. J., & Turvey, B. E. (2011). Crime Reconstruction. Burlington: Elsevier Science.
  2. Correia, C. J., Murphy, J. G., & Barnett, N. P. (2012). College student alcohol abuse: A guide to assessment, intervention, and prevention. Hoboken, N.J: John Wiley & Sons
  3. Hales, D. R. (2013). An invitation to health: Build your future. Belmont, CA: Wadsworth, Cengage Learning.
    Kruttschnitt, C., Kalsbeek, W. D., House, C. C., National Research Council (U.S.)., National Research Council (U.S.)., & National Research
  4. Council (U.S.). (2014).Estimating the incidence of rape and sexual assault. Washington, D.C: National Academies Press.
  5. Odem, M. E. (1998). Confronting rape and sexual assault. Wilmington, Del: SR Books.
  6. Turvey, B. E. (2014). Forensic victimology: Examining violent crime victims in investigative and legal contexts.
  7. Warner, C. G. (1980). Rape and sexual assault.
  8. Wilkins, J. (2011). Date rape. New York, NY: Crabtree Pub. Co.

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