Rape Trauma Syndrome - Essay Example

Rape Trauma Syndrome-Forensic Psychology Rape Trauma Syndrome- Forensic Psychology Introduction A rape victim can never be blamed for the assault, it does not matter what they wore, what was said, whether they were drunk or if the offender was not a stranger. The body belongs to the owner and no permission is granted to go against the owner’s wish. Sexual offenders are always thought to be some form of monster without a face, but that is just not how it is (deVisser, Smith,Rissel, Richters& Grulich,2003). Despite the fact that most people fear being assaulted by strangers, such cases are not common among strangers compared to familiar people. Sexual offenses against women are commonly committed by friends, lovers, dates,current and former husbands, or acquaintances. A few of the circumstances in which a woman is not in a position to give consent sexually include when they face threats of harm, if she is drugged, unconscious, or drunk, if she is a minor, if she is under procedures medically or if developmentally disabled (deVisser, Smith, Rissel, Richters& Grulich,2003). By definition sexual assault is any sexual activity that someone is involved in against their will(Brown, Testa&Messman-Moore, 2009). Worth noting is that rape is just one form of sexual assault. Signs and Symptoms, and History of Rape Trauma Syndrome Sexual assault or attempted sexual assault survivors go through a significant amount of trauma. This can be emotional or physical and can happen during, immediately after the assault, or long after the assault has been committed. During the trauma, the victims show different symptoms that are experienced consistently as noted by deVisser, Smith, Rissel, Richters and Grulich (2003).These are grouped under what is known as rape trauma syndrome. By definition rape trauma syndrome is the psychological trauma experienced by rape survivors; these include behavioral disruptions physically, emotionally, cognitively and interpersonally (University of California Irvine, 2014). A victim can experience one or many disruptions in at a time. These have the tendency to come and go. Some survivors try to block the memories and thoughts of the painful experiences yet others would want to talk about it over again and again. Those who experience the assault go through post-assault trauma whether they are adults or children as noted by deVisser, Smith, Rissel, Richters and Grulich (2003). Trauma is experienced in the same way but with differences related to age. Whether male or female, the trauma is experienced basically the same way though the major difference is that when a man experiences assault by other men or by women infrequently, the man’s masculinity is always in doubt (University of California Irvine, 2014). A study involving interviews with over 600 rape victims between 1972 and1973 led to the identification of rape trauma syndrome (Burgess &Holmstrom, 1974). Based on research, most victims of sexual assault go through this, as it is a response to the fear of death experienced by most victims. There are two stages to this syndrome as noted by Brown, Testa&Messman-Moore, (2009). The first and immediate stage is where the victim’s lifestyle goes through a complete disruption, also known as acute stage. The second stage is the long term process where the victim has to reorganize their lifestyle that was disrupted. The syndrome consists of stress reactions that are emotional, physical and behavioral that the victim goes through when faced with a life threatening activity. The acute phase begins with the immediate impact reaction, contrary to what is thought the victims display different emotional reactions as opposed tojust being hysterical and tearful (Brown, Testa&Messman-Moore, 2009). The impact of the activity physically and emotionally can lead to disbelief and shock. Two styles of emotions are shown here; expressed and controlled. Expressed style is displayed in anger, fear and anxiety. The victims are restless, tensed, cry when explaining certain acts, and even smile anxiously. The controlled style is displayed by calm, masked or hidden feelings, composed or subdued. Symptoms of the acute stage include physical reaction where most victims describe a general soreness over the whole body while some are more specific to the parts that were the offenders focus, such as throat, legs and arms (Brown, Testa&Messman-Moore, 2009). Sleeping patterns are also affected during this period, victims complain of lack of sleep and if they manage to sleep they wake up in the middle of the night and can not go back. Those who were attacked in their bed tend to wake up at the exact time of the attack. Another common thing is screaming when in sleep. A significant loss of appetite is seen during this period, some may complain of stomach pains or food not tasting right. Victims also at times get nauseated when they remember the incident. It is important though to determine if these symptoms are due to anti-pregnancy medication or as a result of the rape(Brown, Testa&Messman-Moore, 2009). There are symptoms related to specific areas during attack. For instance, those forced to have oral sex complain of irritation in the mouth and throat, those forced to have vaginal sex complain of discharge, itching, burning sensation during urination and general pain (deVisser, Smith, Rissel, Richters& Grulich,2003). On the other hand, those exposed to anal sex complain of pain and blood discharge. Current legal status and Relevance to the Role of Forensic Psychologists In the United States, rape trauma syndrome was first accepted in courts in the 1970s. It’s being recognized legally is undoubtedly due to its acceptance by the scientific community, especially as a type of post traumatic stress disorder. Though it is accepted in the courts, there still seem to be controversy which surrounds its forensic usefulness. This generally is in relation to general syndrome evidence. The main reason for developing RTS was for treatment of behaviors and symptoms that come after being assaulted sexually. Given that symptoms of PTSD could arise from other types of trauma and not specifically rape trauma, its evidence has limited probative value. Emotional reactions related to rape include fear of physical injuries, mutilation and death. Some are of the thought that too much faith has been put on forensic power by lawyers and psychologists in getting to the truth during sexual allegation. Certain jurisdictions have allowed prosecutors to adduce RTS as a means of provoking lack of consent. In such cases, forensic evidence mostly does not favor the victim. This has also led to some jurisdictions permitting the defense counsel to use failure of the victim to show RTS as evidence that the sexual intercourse was consensual (Easteal 1998). With such controversy, every jurisdiction is expected to decide whether or not RTS testimonies are admissible in a case or not. Some courts have been in record for declining its admissibility. For instance, in New York, Oregon,Ohio,Kansas, and Montana courts have ruled that the admissibility of RTS evidence is only permissible when there is an attempt to prove that the act was consensual. Other courts such as inMissouri,Minnesota andCalifornia have ruled that RTS is inadmissible as it would not assist the jury to conclude whether a sexual act was consensual or not (Riplee 2014). In most states, rape is labeled as sexual assault which has four degrees; first, second, third and forth. The state of West Virginia can be used as an example of rape laws. Code § 61-8B-3 [1996] of West Virginia Laws states that A person is guilty of sexual assault in the first degree when that person engages in sexual intercourse or sexual intrusion with another person and either inflicts serious bodily injury upon anyone or employs a deadly weapon in the commission of the act. (West Virginia Legislature par. 8) Age is also a consideration as someone 14 year and above is guilty offirst degree sexual assault if they engage in sexual intrusion with someone 11 years and below. This warrants a 15- 35 years in jail or a fine from $1000 to $10000. A person is guilty of second degree sexual assault if the person engages in sexual intercourse or intrusion with someone else without consent. This luck of consent comes from forcible compulsion. Forcible compulsion is considered as physical force that beats resistance earnestly applied in such circumstances. Threat or intimidation towards bodily harm, death or kidnap also makes up forcible compulsion. Fear expressed by someone of the age 16 year and below from intimidation by someone four years older at least. Second degree sexual assault is warranted if someone engages in sexual intercourse with some who is physically helpless. Punishment for this degree is 10 to 25 years imprisonment or a fine of between $1,000 to $10,000 (the free dictionary 2014). According clinical studies, a huge percentage of rape victims go through a long period of trauma. Some factors that cause this prolonged experience include the fact that it is sudden, life threatening, it renders the victim helpless and violates their integrity, it forces the survivor to take part in crime, the victim is not in a position to stop the outcome and has failed to cope with the situation in a normal way. The trauma come along with prejudice, myths and stigma associated with rape, and the burden can get bigger if people they meet reinforce the prejudices. With this knowledge it is important for every procedure that is legal in nature, medical in nature, or involving the police are done such as not to cause any more trauma on the victim (Ward, 2013). They must be given all necessary support to overcome this ordeal. These facts are now being considered inlegal processes and courts during trial and sentencing stages of rape cases. The court takes into consideration the impact the incident had on the victim’s life during sentencing. This is an important part of forensic psychology as it deals with clinical procedures that are applied into legal matters and those in contact with the law. This is also important to the forensic psychologist when dealing with case of post-traumatic stress disorder and counseling of victims of crime that may arise due to exposure to sexual assault as noted by Ward (2013). References Brown, A.L., Testa, M. &Messman-Moore, T.L. (2009). Psychological consequences of sexual victimization resulting from force, incapacitation, or verbal coercion. Violence Against Women15: 898-919. Burgess, A. & Holmstrom, L. (1974). Rape: Victims of Crisis. Retrieved April 29, 2014 from: http://dancinginthedarkness.com/articles.php?show=11&arc=83 deVisser, R., Smith, A., Rissel, C., Richters, J. and Grulich, A. (2003). Sex in Australia: Experiences of sexual coercion among a representative sample of adults. Australian and New Zealand Journal of Public Health 27 (2): 198–203. Eastreal P. (1998) Balancing the scale: Rape, law reforms and Australian culture. Retrieved May 14, 2014. http://books.google.co.ke/books?id=I5sHnngz8WMC&pg=PA50&lpg=PA50&dq=controversies++rape+trauma+syndrome&source=bl&ots=ghbZPtta9v&sig=0R2TugNz3ijeBFMki5LmvqPcH7Y&hl=en&sa=X&ei=WcxyU6XRI8S47Qb80YC4BA&redir_esc=y#v=onepage&q=controversies%20%20rape%20trauma%20syndrome&f=false Riplee (23 April 2012) Rape trauma syndrome: Admissibility of experts testimony, retrieved 14 May 2014 http://ripleeforensicpsych.umwblogs.org/2012/04/23/rape-trauma-syndrome- admissibility-of-expert-testimony/ The free dictionary (2014) Rape. Retrieved May 14 2014 http://legal-dictionary.thefreedictionary.com/rape-trauma+syndrome University of California Irvine (2014). Recovery:Rape Trauma Syndrome. Retrieved April 29, 2014 from: http://www.care.uci.edu/general/Recovery-Rape-Trauma-Syndrome.aspx Ward T. J. (Sept 2013). What is forensic Psychology? Learn more about careers involving psychological research and application in the legal arena. Retrieved April 29, 2014 from: http://www.apa.org/ed/precollege/psn/2013/09/forensic- psychology.aspx West Virginia Legislature (2014). WV Code Chapter 61 Article 8B - West Virginia Legislature. Retrieved April 29, 2014 from http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=61&art=8B Read More