Victomology – Flashcards

"Carnal knowledge by a male of a female, who is not his wife, forcibly and against her will."

-2011: Change of definition approved -New definition to be used as of 2013: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

1) The redefinition of rape, 2) The elimination or modification of the resistance requirement, 3) Elimination of the corroboration requirement, 4) The establishment of rape-shield laws

-Most states' definitions now includes acts other than the "traditional" rape -Many states have replaced the term "rape" with more general terms like "sexual assault" -Most laws now recognize that males can be victims and females can be offenders

-Many states once required proof that the victim resisted the crime "in the utmost." -Criticisms of resistance requirement include unique to rape, made prosecution near impossible in most cases, and obligated victims to risk additional harm.

-During the 1970's, states eliminated the requirement that the victim's testimony be "corroborated" or supported by other evidence. -Criticisms of corroboration requirement include unique to rape and made cases virtually impossible to prosecute.

Limit the introduction of the victim's sexual history in court

-Unique in that it does not involve force -Occurs when a person who is under the proscribed age of consent engages in sex (minimum age in most states :14-18) -Some states consider the age difference between offender and victim in determining whether it is statutory rape

-Includes attempted and completed rapes -Used to use the Common Law definition of rape -2011: Change of definition approved -New definition to be used as of 2013: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." -It also includes both males and females as victims

-Measures both rape and sexual assault -Redesigned in the early 1990's: one of the improvements of this was it reworded questions about rape and sexual assault. -Defines rape as: "forces sexual intercourse in which the victim may be either male or female and the offender may be of the same sex or a different sex from the victim." -Sexual Assault refers to a wide range or victimizations, separate from rape or attempted rape such as unwanted sexual contact between victims and offenders (grabbing, touching, fondling, etc.)

-Reporting is low due to a variety of reasons such as shame, fear of the assailant(s), fear of stigma, fear their behavior will be on trial, fear they will to some extent be blamed, fear their names will be made public, and fear their past sexual history will be exposed. -Another possible reason could be they may have already received a negative reaction from family members or friends.

-Defined as forced, nonconsensual sex where the perpetrator is the victim's spouse. -Occurs in at least 1 out of every 10 marriages -Under common law, a wife cannot accuse her husband of raping her while they are legally married (spousal immunity) -Of all forms of violence against women, marital rape is the least likely to be prosecuted -Marital rape is viewed as less serious and less damaging than other forms of rape

-July 5th, 1993: NC became the last state to criminalize rape in marriage -About half the states maintain some exemptions from prosecution; Most common: husband is exempted when he does not have to use physical force to have intercourse because his wife is legally unable to consent (mentally or physically impaired, unconscious or asleep)

-A common law judge from the 1600's who thought of marriage as a contract and believed it was impossible for a wife to be raped by her husband. -"the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath give up herself in this kind unto her husband which she cannot retract"

-Acquaintance Rape: occurs between people who know each other but are not in a dating relationship -Date Rape: occurs between people who are on a single date or who are in a dating relationship -Several studies have found that more than 80% of attempted & completed rape victims knew the offender -Very few are prosecuted because of difficulty of proving

-Telephone survey of 4,446 college women -Nearly 3% of college women are victims of rape or attempted rape in an academic year -Most victims knew the offender -Many victims did not acknowledge their victimization as rape -Majority took place in the evening -Majority occurred in living quarters -Majority took place off-campus -Less than 5% of incidents were reported -Reasons for under reporting: didn't think it was serious enough to report, didn't want anybody knowing, lack of proof, fear of being treated hostilely by the police, not clear it was a crime that harm was intended, didn't know how to report, afraid of reprisal -Factors associated with an increased risk of sexual victimization: frequently drinking enough to get drunk and being unmarried

-Beliefs about a rape and/or the parties to a rape that are false or based on stereotypes. -This is problematic because it shifts responsibility from offender to victim, it trivializes rape, and it legitimizes sexual assault or denies it even occurred.

-"Many women wish to be raped." -"She wanted it at the time but changed her mind the next morning." -"She said no but meant yes." -"Victims who fail to report to the police right away were not really raped." -The just world hypothesis: "Only those who deserve to be raped get raped." -"She was asking for it." -"Nobody got hurt." -"Promiscuous women are not 'really' raped." -"Most rapes are reported by women who 'change their minds' afterwards or who want to 'get even' with a man." -"Men cannot be raped."

Perpetrated against unsuspecting females who are ambushed in blitz attacks, Offender is a complete stranger, Offender is armed with a weapon and pounces out of the darkness to surprise his prey, Victim is completely virtuous and above reproach, Victim is engaged in some "wholesome" activity at time of attack, Victim fights back, resists at her utmost, and suffers severe physical injuries, As soon as victim escapes, she reports crime to the police, Detectives find forensic evidence, and Assailant confesses when captured

-When a victim has had an experience that would legally be classified as rape but doesn't consider themselves rape victims -Koss' study found that about 7 out of 10 women who met the definition of having been raped did not define their own victimization as rape -Other studies found 33-73% unacknowledgement rate -Unacknowledgement more common among victims of acquaintance rape -Victims might not define their own experience as rape because of something called rape script which is an individual's impression of what typically occurs during a rape

Fear, Anxiety, Depression, Shame, Self-blame, Suicide, Low self-esteem, Feelings of isolation, Unwanted pregnancy, Substance abuse, Sexual dysfunctions, Physical injuries and/or chronic physical pains, Social adjustment issues, Sexually transmitted diseases or AIDS, PTSD, Eating disorders, and Double victimization

-Definition: refers to the distress, alienation, and blame that victims may experience after the assault by the criminal justice & medical system. -Police: say things to make the victim feel at fault for what happened and questions them as if they are lying, not very comforting towards victims especially male policemen -Hospital: having to do a rape kit because it's a very invasive process and the doctors sometimes will be rude and question the victims and if what they say isn't good enough they won't do the rape kit at all -Prosecution: victim blaming, battering the victim when on the stand with questions, judgement by those in the court -During court proceedings: victim blaming, becoming overwhelmed from being around attacker or questioned too much, very delayed process at times -After court: loses their case so they feel like they've lost something else to their attacker

A registered nurse who has undergone specialized training to identify injuries and to provide comprehensive care to victims of sexual assault

Being female, being young (particularly under 24), being unmarried, lower-income, being unemployed, living in a metropolitan area, and being a racial/ethnic minority.

Male, White, Young, Committed by a single offender (usually a family member/intimate/acquaintance), Do not usually murder their victims, and Drug and alcohol use.

Occur much more frequently in large cities, Most of the rapes reported to the police are completed rapes, Only one-half of reported rapes are cleared by an arrest, Weapons not used, Occur in a private setting (residence), Victim not seriously injured, and Occur in evening hours.

-Types: Forceful physical, Nonforceful physical, Forceful verbal, and Nonforceful verbal. -Associated with decreased likelihood of rape completion: Forceful & Nonforceful physical resistance and Forceful verbal resistance -Nonforeful verbal resistance: not effective

-Data from 3 states indicate that about 9% of all rapes reported to the police were male-on-male -Rape crisis center data showed 1 out of 10 callers is a male -Possible reasons for underreporting by males could be because one of the biggest rape myths is men cannot be raped so it is embarrassing for them to share that and expect people to be accepting of it and believe it

-Lifestyle/Routine Activities Theory -Psychopathology Theory -Physiological Explanations (Evolutionary Theory) -Sociocultural Explanations (Feminist Theory) -Synthesized Theory

-Motivated offenders: thought to be omnipresent but a person had to be in close proximity to these motivated offenders to be victimized -Lack of capable guardianship: social & physical guardianship -Suitable target

-Mental imbalances within the offender -Perpetrator was seen as a disturbed or maladjusted individual who failed to exert sufficient control over his actions -Sexual battery was a reaction to repressed desires, past domination by a female figure, or other forces beyond the offender's control -In essence, the perpetrator is blameless for the offense

Contends that some people are environmentally, socially, or biologically unfit for reproduction. They rape to further their instinctive need for survival.

Emphasizes the argument that rapist is not committing a sexual act but an act of violence

-Combines elements of other theories -Arguments: Drive to possess and control is an underlying cause of rape; however sex drive of individual also plays a significant role, Actual technique of rape is learned, Evolution has naturally selected men to use force to reproduce, and Exposure of the brain to high levels of male typical sex hormones increases rape tendencies.

-Victims "rediscovered" in 1960's & 70's -3 social justice movements influence this "rediscovery:" The "law and order" movement (critical of the criminal justice system's focus on offenders), The civil rights movement (victims of racial violence were unable to secure effective prosecution), and The women's rights movement (critical of how sexual assault and domestic violence victims were treated by CJ system). -Designed to provide a greater role for and recognition of crime victims in the criminal justice process -Passed legislation: victim compensation, rape shield laws -One goal to establishment of constitutional rights for victims: no federal amendment, federal legislation (the federal victim witness protection act 1982; the victims of crime act 1984; the violence against women act 2000), majority of states have amended their constitutions to give victims rights in the criminal justice process, and all states have passed statutes -Victims have the right to compensation, notification of court appearances, and submission of a victim impact statement before sentencing

-Allow the victim the opportunity to let the court know how the crime influenced his/her life. -Two forms: Written and Oral (called allocution) -Studies found that these statements do not have an impoact on sentencing decisions and that majority of victims do not make statements at all.

A sum of money paid by the offender to the victim in compensation for damages done

-Victims (or their families) sue in an attempt to get monetary compensation for physical or psychological harm -First Party: victim sues offender directly -Third Party: victim sues another party (government, a business, landlord) for indirectly contributing to the harm suffered by the victim -To win, victim must demonstrate 2 things: crime must have been a foreseeable event and the third party must have either failed to take appropriate steps to curtail further criminal events or they must have fallen woefully short in their efforts

-Homeowner's insurance -Health insurance

-When the state, rather than the offender, reimburses victims for the losses they sustained as a result of the offender's actions. -Covers lost wages, medical bills, prosthetics, funeral expenses and sometimes counseling and forensic medical exams -Most do not compensate for pain & suffering or property damage -Government should provide victims compensation due to the social contract argument, social welfare argument, and to entice victims back to the CJ system -Most states restrict victim compensation to 3 categories of victims: the physically injured victim (or victim's family in cases of death), "good samaritans", and a person aiding a law enforcement officer -Eligibility restrictions: financial means test, contributory misconduct, source of last resort -Funding: most states receive funds from criminals so the "son of sam" laws were made that restrict the profits a criminal receives from writing a book, selling movie rights, etc.

-Social Contract Argument: this perspective maintains that government, through its system of taxation and provision of services, engages in an unwritten contract to care for the safety and well-being of its citizens. -Social Welfare Argument: government attempts to provide a minimum standard of living for its disabled, deprived, and unfortunate citizens. this position holds that innocent crime victims fall into this category because they suffer deprivations that are not self-induced.

-Professionals employed within the criminal justice system to provide a variety of services to crime victims -Work on cases involving a variety of crime: domestic violence, stalking, sexual assault, and other felony cases -Responsibilities include: notifying victim or witness of his/her legal rights, explaining the criminal justice process, informing person of upcoming hearings, depositions, trial dates, etc., and accompanying victims to all court proceedings -Assessing needs of victims; providing social service referrals -Assisting with applying for victim compensation, getting restraining orders, etc. -Working to minimize potential revictimization by the criminal justice system