Sexual Assault, Harassment, and Partner Violence

Transcription

1 18 Sexual Assault, Harassment, and Partner Violence 18 Rape as the Dark Side of Sex Rape or forcible rape is penetration of the vagina, anus, or mouth by the penis when performed by force or the threat of force. Sexual assault is any sexual act performed by force or the threat of force. Statutory rape refers to coitus or anal or oral penetration performed without force but also without the partner s legal consent either because of young age or mental incapacity. 1

2 18 Rape as the Dark Side of Sex Rape or forcible rape is penetration of the vagina, anus, or mouth by the penis when performed by force or the threat of force Rape (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. 18 Rape as the Dark Side of Sex Sexual assault is any sexual act performed by force or the threat of force Sodomy (Consensual sodomy repealed) * (a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. 2

3 18 Rape as the Dark Side of Sex Statutory rape refers to coitus or anal or oral penetration performed without force but also without the partner s legal consent either because of young age or mental incapacity Statutory Rape (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor. 18 Rape as the Dark Side of Sex (cont d) Women greatly outnumber men as the victims of rape, with 1 in 3 women and 1 in 33 men indicating they have experienced rape at least once in their lifetime. The peak age for women to be victimized is 16 19, but 22 percent report having been under age 12. 3

4 18 Rape as the Dark Side of Sex (cont d) Virtually all rape perpetrators are men, and 2 out of 3 are known to the victim. 46% friend 20% intimate partner 30% stranger 18 Rape as the Dark Side of Sex (cont d) Demographics of those incarcerated for rape 4

5 18 Theories about Rape Male sociopolitical dominance as a learned behavior Feminism of the 1970s redefined rape as an act of power and not an act of sex Caring is separated from sex Women are sex objects Rape supportive culture in a majority of rapes the victim is promiscuous or has a bad reputation If a rape victim was drunk or high she was asking for it a woman who thinks she is too good to talk to men on the street deserves to be taught a lesson one reason that women falsely report rape is that they frequently have a need to call attention to themselves She was not raped if no bruised or cuts Prostitutes, strippers, even female hitchhikers are asking for it. 18 Theories about Rape Theories as to why men rape include evolutionary adaptation Forced sex increases offspring Side effect of sex with more sexual desire and aggression 5

6 18 Sex or power, maybe both, different types of rape? All types of women get raped Its opportunity that matters. Extreme unnecessary violence points to hatred Armies raping women show hostility Prison rape shows that rape is a control tactic Mostly women in reproductive years. Elderly and children most vulnerable and least likely to be raped Most victimized not brutalized, but coerced through threats Low cost of reproduction opportunity at those times Mix of sex and power is reported 18 Rape as the Dark Side of Sex (cont d) Although rape laws have become more protective of victims, especially since the reforms of the 1970s, most victims do not report sexual assaults. Not perceived as a crime Blame themselves (in part) Retribution Fear public humiliation Doubt conviction is possible Don t want to endanger relationship Fear male relatives will assault or kill rapist and end up in jail or hurt 6

7 18 Rape as the Dark Side of Sex (cont d) Date rapes and sexual assaults on college campuses are common, underreported, and often involve alcohol (the number one date rape drug, consumed by either the rapist or his victim), Rohypnol, or gamma-hydroxybutyrate (GHB). 18 Rape as the Dark Side of Sex (cont d) Most men who rape are fairly ordinary people, though typically self-centered, incapable of empathy, aggressive toward women, and macho in attitude. Near 40% of college males say that they would rape if they were assured of not getting caught The majority of rapists are not punished, and if convicted, they serve, on average, only about half of their sentence. 7

8 18 Men as rape victims Most raped adult men are almost always raped by another man. 87% by another man 6% by a man and woman 7% by a woman Male rape victims attributed more responsibility, more pleasure, and less trauma than women. Most cases of male rape involve penile penetration of the anus (79%). 18 Sexual Harassment Occurs in Many Environments Sexual harassment is unwelcome sexual behavior in the workplace or in other structured environments. In 1980, the U.S. Equal Employment Opportunity Commission (EEOC) declared that sexual harassment constitutes illegal sex discrimination. 8

9 18 Sexual Harassment Occurs in Many Environments (cont d) There are two kinds of workplace sexual harassment: Quid pro quo harassment is the suggestion, whether implicit or explicit, that granting sexual favors will lead to certain tangible rewards. Hostile-environment harassment involves a pattern of unwelcome sexual attention that makes life difficult for the victim. Although sexual harassment varies among different occupations, it is most prevalent in traditionally male occupations or occupations in which women form a minority Who is harassed by whom? 9

10 18 Sexual Harassment Occurs in Many Environments (cont d) The experience of sexual harassment begins in childhood and accelerates at puberty. Teachers and school officials generally show a lack of concern. People who are harassed are likely to feel humiliated, alienated, and vulnerable. 18 AASU Policy Definition of Sexual Harassment Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when: submission to such conduct is made either implicitly or explicitly a term or condition of an individual s employment or status in a course, program or activity; submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; such conduct has the purpose or effect of interfering with the individual s work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one s ability to participate in or benefit from an educational program or activity. 10

11 18 AASU Policy Examples of sexual harassment may include, but are not limited to the following: Physical assault which may carry criminal penalties as well. Direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation. Sexual advances, physical or implied, or direct propositions of a sexual nature. inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one s clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose. A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliating another. Remarks speculating about a person s sexual activities or sexual history, or remarks about one s own sexual activities or sexual history that do not serve a medical, employment or academic purpose. 18 AASU Policy Definition of Retaliation Retaliation is any adverse action taken against an individual(s) for filing an action of discrimination, participating in an investigation, or opposing discriminatory practices. Retaliation is prohibited. Examples of retaliatory actions include, but are not limited to: assigning inappropriately low grades. giving deflated performance evaluations. employment termination. punitive scheduling. withholding of deserved support for promotion and tenure. assigning inadequate and undesirable space. undeserved demotion. punitive work assignments. 11

12 18 AASU Policy Amorous or Sexual Relationships Trust and respect are diminished when those in positions of authority abuse that authority or place themselves in a situation of perceived or actual conflict of interest. A conflict of interest is created when an individual evaluates or supervises another individual with whom he or she has an amorous or sexual relationship. Such relationships, even when consensual, may be exploitative, and they imperil the integrity of the work or educational environment. They also may lead to charges of sexual harassment. Thus, the University discourages amorous or sexual relationships between supervisors/subordinates and between faculty/students. 18 AASU Policy Amorous or Sexual Relationships (con t) Whenever a conflict of interest situation arises or is foreseen, the employee in a position of authority must resolve any potential conflict of interest by taking necessary steps which may include removing himself or herself from evaluative decisions concerning the other individual. If he or she is unable to personally resolve the conflict of interest, he or she is required to inform the immediate supervisor promptly and seek advice and counsel in dealing with the conflict. The employee, along with the supervisor, is responsible for taking steps to ensure unbiased supervision or evaluation of the employee or student. Failure to resolve potential or actual conflict of interest situations as described in this policy may result in disciplinary action. 12

13 18 AASU Policy Amorous or Sexual Relationships Faculty may have a significant role in academic personnel matters affecting their colleagues and students. Faculty who engage in amorous or sexual relationships with other faculty or students may place themselves in a conflict of interest situation. When this occurs, a faculty member must be sensitive to how the relationship may influence academic personnel decisions. Faculty must make every effort to resolve any situation involving a conflict of interest. 18 Stalking as the Dark Side of Love A stalker is a person who is emotionally obsessed with a particular victim, with the obsession usually involving a romantic element. Stalkers put their victims in a state of fear in numerous ways. Data from National Violence against Women (NVAW) report show that 8 percent of women and 2 percent of men have been stalked at some time in their lives. Eighty-seven percent of stalkers are male, and 78 percent of victims are female, half of whom are between 18 and 29 years of age. Three distinct kinds of stalking are: intimate partner stalking, delusional stalking, and grudge stalking. 13

14 When does stalking occur? Most stalking occur after the relationship ends. (43%) Some just before (21%) Some before and after (36%) Three distinct kinds of stalking are: intimate partner stalking delusional stalking grudge stalking. 18 Stalking as the Dark Side of Love (cont d) In intimate partner stalking, anger is a major motivational factor and stalkers often have a prior psychiatric, criminal, or substance abuse history. Personality traits of stalkers tend toward manipulativeness, coerciveness, or obsessive thinking as they frequently make attempts to continue an intimate relationship from which they have been rejected. 14

15 18 Stalking as the Dark Side of Love (cont d) In delusional stalking, the stalker has the fixed belief (erotomania) that the victim is in love with him, or could easily be made to fall in love with him, even though the two have never had an intimate relationship. Delusional stalkers are often socially inept persons with few intimate relationships, or they may be mentally ill. May 2007 Sandra Bullock told a court in California that Marcia Diana Valentine tried to run down her husband and left "weird signs" and animal fur at her home. 18 Stalking as the Dark Side of Love (cont d) In grudge stalking, the stalker pursues the victim to seek revenge for an actual or imagined injury. This kind of stalking is not usually sexual, and common targets include co-workers, employers, administrators, and so on. 15

16 18 Intimate Partner Violence, Wife Beating, Battering, Spousal Abuse, and Domestic Violence These terms indicate violent acts committed within supposedly loving sexual relationships. An estimated 1 million violent crimes are committed annually against intimate partners, with 85 percent against women; a significant part of all violence experienced by women. One-third of all murders of women are committed by intimate partners. 18 Table

17 18 Intimate Partner Violence, Wife Beating, Battering, Spousal Abuse, and Domestic Violence (cont d) Risk factors for intimate partner violence include being female, young, black, divorced or separated, living in a city, and having a low income (although violence can and does occur to some extent at all socioeconomic levels). The results of violence include both physical injuries and psychological effects, such as depression, suicidal thoughts and attempts, lowered self-esteem, substance abuse, and post-traumatic stress disorder. These psychological effects are collectively termed battered-woman syndrome, and women experiencing this syndrome often feel a sense of inability to escape from the situation and a learned helplessness. 18 Intimate Partner Violence, Wife Beating, Battering, Spousal Abuse, and Domestic Violence (cont d) Intimate partner violence follows an escalating cycle of three phases: 1. The tensionbuilding phase 2. The violent phase 3. The reconciliation phase. 17