Sexual Assault and the Law - Term Paper Example

Sexual Assault and the Law Sex is always appealing and people indulge into sexual activities with their partners for pleasure. Healthy sexual activity includes sex between intimate partners preferably between married couples with the consent of both of them. However many people are unable to control themselves and forcefully indulge into indecent sexual activities that are not good for the physical and mental health of both the perpetrators and the victims. Sexual assault and rape are very common in the modern world. Every day news papers are filled with the stories of sexual assault or rape in almost all parts of the world. In this paper I would like to examine what is actually meant by sexual assault. I will then study the statistics and finally the law that covers the sexual assault. The CCR website (1997) defines sexual assault as a physical or verbal act that threatens a person’s trust and safety and is sexual in nature. In a sexual assault the victims, either a girl or a boy, indulge into a sexual activity either forcefully or through deceit. Teenagers are more vulnerable to this act. This is the reason for which a number of cases related to adolescent molestation by a relative or a date make the headlines in the newspapers. Sexual assault often leads to other problems in teenagers as well which may include delinquent behavior, school problems, refusal to accept the authority and eating problems. Sexual assault by an acquaintance is the most common category of the assault. The acquaintance may be a close friend, a date, employer, colleague or a relative. In this category it is always the male who perpetrates the female. It is always the perpetrator, who is responsible for the act regardless of the fact what the victim was wearing or if she expressed her disapproval for the act or not. The CCR website (1997) puts 100% responsibility on the perpetrator. Rape is defined as an act of violence where sex is used as a weapon. In most of the cases the rapists fancy their own myths which they believe justify their act. Most of the rapists are of the view that if they spend money on a woman she becomes their rightful property. Others believe that women find it difficult to accept the offer for sex. Therefore they mean yes when they say no. Some others believe that women love to be aggressively pursued by the males (CCR website, 1997). The CA Code (n.d.) explains unlawful sexual intercourse as a sexual activity where the perpetrator indulges in sexual activity with a person other than the spouse and with a person less than eighteen years of age. As stated by the CCR website (1997) sexual assault has a deep impact on the victims. They feel betrayed, lose trust, and question their own judgment. In most of the cases the victims consider themselves responsible for the sexual act. Counseling and psychotherapy can be very useful in this regard. The booklet of Victoria Legal Aid, “Sexual Assault- the law, your rights” (2007) gives us some legal definitions of rape. Under law sexual assault is divided into various categories. They are as follows: Rape: According to the booklet, rape is an act of violence where: A person sexually penetrates into the victim knowing the fact that the victim is not interested or will never consent. After penetration the person does not withdraw his actions knowing the fact that the victim is not consenting or will never consent. A person forces another person to sexually penetrate him/her. Compelling Sexual Penetration: It is against the law to compel another person for sexual penetration. In this category the victims may include animals as well. Putting objects for sexual pleasure is also included in this category and is considered a crime. Indecent assault: Indecent assault includes sexual penetration and other indecent acts such as touching others private parts without their consent. Incest: Incest is defined as a sexual act where the perpetrator is a close relative such as father, step father, step grandfather or step brother. Sexual offences against children: Under the law sexual offences against children less than sixteen years of age include sexual penetration, indecent act, continued sexual abuse and forcing a child to indulge in sexual activities. It is stated in the CA Code (n.d.) related to sexual assault that taking advantage of the victim’s situation such as when she is unconscious, asleep, drunk, under medication or in a position where she is unable to defend herself is considered a felony and has to be tried under law. At the same time sexually assaulting a physically disabled and mentally retarded person is equally considered a serious crime and must be tried under law. Statistics: According to the National Sexual Assault online (2006) rape and sexual assault are very common in every part of the world. In America someone is sexually assaulted after every two and a half minutes. As mentioned above women are more vulnerable to sexual assault. In America one in six women is sexually assaulted whereas the statistics for men show one in every thirty three men are sexually assaulted. The ratio for women is definitely higher than that of men. In the year 2004-2005 approximately 200, 780 victims of rape, sexual assault or attempted rape were reported. The statistics further state that 44% of rape victims are less than 18 years of age and 80% are less than 30 years of age. At the same time, it has been observed that since 1993 there has been a dramatic decrease in the rape/ sexual assault cases by 69%. The National Sexual Assault online (2006) further state that sexual assault is one of the under reported crimes in America. More than half of the cases remain unreported. Males are less likely to report sexual assault and they constitute up to 10% of the reported cases. Adolescent girls are four times more likely to be the victims of rape/ sexual assault. However, due to the increasing awareness among youth and the availability of a number of help centers, there has been a steady decline in the sexual assault cases. According to the 2005 statistics mentioned in the website of National Sexual Assault (2006) 191, 670 people became victims of attempted rape and sexual assault. In 2004-2005 200,780 cases of sexual assault were reported out of which 64, 080 were victims of completed rape, 51,500 were victims of attempted rape and 85,200 were victims of sexual assault. The statistics also state that one in every six victims is a child less than 12 years of age. In approximately two thirds of the cases reported the perpetrators were someone known to the victims. The statistics in this regard state that in 73% of the rape cases the perpetrator was a stranger. 38% of perpetrators were known to the victims, 28% were very close to the victim and 7% were some relative. Nearly 58% to 71% of rapes are planned whereas 6 out of 10 sexual assaults take place at the victim’s house or the house of some known person such as a friend, relative or a neighbor (Sexual Assault Statistics, 2006). Mental Problems related to Sexual assault: According to Patel and Andrew (2005) sexual assault leaves a deep impact on the lives of the victims. Approximately one third of the victims experience Rape related Post Traumatic Stress Disorder or Rape Trauma Syndrome at some time in their life after the incident. Sexual Assault Law: Sexual assault is a serious crime and they must be reported so that the perpetrator is tried under the law and given punishment accordingly. The sexual assault law fully supports the victim and if the case is reported at proper time there is no chance for the perpetrator to go unpunished. The law related to sexual assault strictly prohibits a person to indulge in sexual activities with a person other than the spouse. The CA Code (n.d.) clearly states that any person who sexually assaults a person less than eighteen years of age is to be charged with either misdemeanor or felony and has to be imprisoned in a county jail for at least one year or in a state prison for more than one year. Other civil penalties include a fine of $2000 for sexual assault with a person two years younger than the perpetrator, $10,000 fine for sexual assault with a person three years younger than the perpetrator and $ 25,000 for a situation where the perpetrator is more than twenty one years of age and the victim is less than sixteen years of age. Rape is a serious crime and even the slightest penetration is sufficient to complete the crime. Under the law rape is punishable with imprisonment in the state jail for three, five or eight years. Under the law the victim has a right to have a sexual assault counselor and any person chosen by the victim for support. The victim also has the right to have a medical and physical examination for evidence and to understand the condition of her own health. The law further states than any person who imposes his will on a woman forcefully in any situation is capable of imprisonment in the state jail for a period decided by the law enforcing agencies. Any person who deceitfully takes an unmarried chaste woman less than eighteen years of age to a place that is not appropriate to her, or deceitfully involves her into an act that is not appropriate for her is punishable by imprisonment in a county jail for at least one year or a maximum fine of $2000 or both. Under section 647 of the law any person who takes the other person against his/her will and forces him/her into unlawful sexual activities is punishable by imprisonment or fine or both. The amount collected from the fines is submitted to the underage Pregnancy Fund and is used solely for the purpose of preventing underage pregnancy. Violation of this law is further punishable with a fine not more than $ 70. Under the sexual assault law “consent” is defined as an act of positive cooperation exercised with the free will of the person. Before consenting, a person must be aware of the situation so that he/ she can act according to his/ her free will. For consent of a person the law does not accept evidence of any previous relationship either marital or otherwise. At the same time the law does not support the perpetrator regardless of the fact that the victim was using contraceptive pills or that he himself was using condom. Sexual Assault with a spouse: According to the CA Penal code 261-269 (n.d.) under the law a wife is under no obligation to succumb to the force of her husband for sexual intercourse if she is not willing to do so. The perpetrator is liable to imprisonment if he forces his wife, uses deceit or threatens to harm the body if she does not accept his desire for intercourse. Sexual intercourse between spouses becomes unlawful if the victim is intoxicated or is in a position in which she is not able to fully express her disapproval for the act. At the same time sexual intercourse becomes illegal if the victim agrees under the threat of any kind by the perpetrator be it physical harm or any other damage or danger such as kidnap, imprisonment or other body injury. The perpetrator under CA code (n.d.) is punishable by imprisonment or fine or in many cases both imprisonment and fine. At the same time the defendant has to make payments to the battered women fund up to the maximum of $1000 as a punishment. The defendant also has to pay the amount spent by the victim on sexual assault counseling and some other expenses which the court believes are the direct cause of the defendant’s action. Every defendant will have the right to jury and trail to prove if he is innocent or not. If proved guilty the perpetrator is punishable by imprisonment for approximately five, seven or nine years. Preceding with the sexual assault law further the California Sexual Assault law code (n.d.) does not allow any man to forcefully marry another woman. At the same time the law does not allow any man to compel a woman to forcefully marry a man against her free will. The act is covered under sexual assault law and is punishable by imprisonment in the state jail. Any person who uses another person for prostitution is punishable by imprisonment and a fine not more that $ 2000. At the same time any person who forces another person to perform acts of sodomy, prostitution, sexual penetration, oral and sexual intercourse is punishable by imprisonment for two, three or four years. The law further states that any person who buys, sells valuable items or spends money for sexual purposes is guilty of felony and has to be punished according to the demands of the law. Conclusion: In a society where cases of rape, sexual assault, prostitution, sodomy and other illegal acts have become quite common the law related to sexual assault gives full protection to the victim and the clauses are modified in such a way that the perpetrator, if found guilty, cannot escape punishment. It thus becomes our moral duty to eliminate such vices from our society by timely action against them. References: Patel, V., Andrew, G., “Coercive sex and Psycho-social outcomes in adolescents: Exploring the role of parental relationships”, Sex Without Consent, (2005), Zed Books Ltd. UK. Pg. 203-213. “Penal Code Section 261-269, Sexual Assault CA”, Defend-me.com, (n.d.). Retrieved on May 8, 2007 from http://www.defend-me.com/california/california-penal-code-261-269.asp “Sexual Assault- the law, your rights”, Victoria Legal Aid, Melbourne, Australia, (2007). Pg. 2-4. “Sexual Assault Statistics”, National Sexual Assault online Hotline, (2006), Retrieved on May 8, 2007 from http://www.rainn.org/statistics/index.html “Teen Sexual Assault and Abuse Information Sheet”, CCR, (1997), Retrieved on May 8, 2007 from http://wicip.org/dcccrsa/saissues/teen2.html Read More