Punishments for Rape

PUNISHMENT FOR RAPE

NAME

COURSE TITLE

UNIVERSITY

DATE

Punishment for Rape

Introduction

Crimes related to sexual assault subsume a wide array of physical acts which is either carried out or attempted by a person or persons , and aimed at achieving sexual gratification of whatever sort , but without the lawful consent of the other party . Of these crimes , especially with regard to the age , mental and physical development and kinship or acquaintances of the parties involved , rape and child abuse are most gravely frowned at , internationally1 . However , despite

the intolerant attitudes and severe punishments often melted out to culprits , rape and other forms of sexual assault are still on the increase globally2 . It is said that rape is the fastest growing violent crime in several parts of the world , and despite the increasing legal punishment , rape still constitutes a grave problem for many societies

Differences in cultural and social attitudes and perceptions about human sexual relations have also often influenced the criminalization or otherwise of rape . Different cultures hold varying , and at times opposing views or concept about rape what constitutes rape in a culture might just be acceptable or even encouraged in other cultures3 . Even where certain sexual acts are regarded as contrary to the societal mores , it is not automatically criminalized or punishable

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Nadesan , K 2001 . Rape : An Asian Perspective . Journal of Clinical Medicine , 8 , 93-98

Temkin , Jennifer 2002 . Rape and the Legal Process . Great Britain : Oxford University Press

Posner , A Richard 1992 . Sex and Reason . Harvard :Harvard University Press

Posner cited the example of ancient Greek culture where incest and lesbianism , for example , were considered disgusting and horrific , but were not criminalized or punishable . The author further insinuated that the reason for punishing crimes , or the gravity of the punishment melted out to crimes might not be influenced by the gravity of the offense , as much as it is influenced by the efforts required and the probability of catching the criminal . The different punishments enforceable for rape and factors that influence the choice of punishments will be the concern of this

Definition and Types of Rape

The diversity in sexual customs and perceptions is often mirrored in the varying definition of the term . Over the course of history , and as the legal system evolves , the definition of rape , especially as it concerns the law , has greatly changed in recent history . According to Herman4 , rape can be simply defined as sexual intercourse against a person 's will , unfortunately , this definition does not sufficiently describes what the varying forms of rape entails . Moreover , such definitions of rape , as is evident in the English common Law of the eighteenth century , requires the rape victim to prove that the sexual intercourse was actually against her will , by presenting with bruises or physical injury to confirm that she actually did attempt to avoid the intercourse

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Campbell , Rebecca 1998 . The Community Response to Rape : Victims Experiences with the Legal , Medical , and Mental Health Systems . American Journal of Community Psychology , 26 ,3...