January 26, 2012
Revision of rape definition more inclusive
By BETTY RIDGE
Special Writer The Tahlequah Daily Press
Jan 26, 2012,
TAHLEQUAH — For years, most state criminal statutes defining rape have made the requirements for proving the crime very specific.
But they have disqualified a large variety of sexual offenses from being prosecuted as rape cases.
Staff members at Help-in-Crisis who deal regularly with rape and sexual assault victims hail new revisions to the Uniform Crime Report definition of rape recently issued by U.S. Attorney General Eric Holder. Holder said the revisions should lead to a more comprehensive statistical reporting of rape nationwide.
He said the new definition is more inclusive, better reflects state criminal codes and focuses on the various forms of sexual assault understood to be rape.
The new rape definition is: “The 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.” The revised definition was recommended by the Federal Bureau of Investigation’s Criminal Justice Information Services Advisory Policy Board.
Rape traditionally has been regarded as forcible male-on-female traditional sexual intercourse. That definition excludes these types of situations:
• A man having unwanted sexual activity with another male.
• A person of either sex sexually violating a child.
• An elderly person in a nursing home is sexually assaulted, but is unable to communicate that the incident has occurred.
• A woman who engaged in sexual activity, but was unable to consent because she was mentally incapacitated temporarily or permanently, was under the influence of drugs or alcohol, or because of age.
The traditional definition of rape, first established in 1927, was “the carnal knowledge of a female, forcibly and against her will.”
Victims of sexual assault suffer not only during the crime itself, but during the investigation, court procedures, and through the enduring effects it has on them and on their families. Many rapes are never reported because the victim cannot endure the humiliation of the investigation, testimony and aftermath.
One goal of Help-In-Crisis is to make the process less traumatic for the victims, and help them heal.
“With the original definition, the number I’ve talked to that have reported a rape is perhaps 30 percent,” said Sandra Dearborn, HIC sexual assault services coordinator. “With the newer definition, it’s going to be much higher, because it’s more inclusive.”
Deana Franke, HIC executive director, said the revised definition will make it easier to report and prosecute same-sex crimes.
“Several years ago, the FBI said the most devastating crime in America is rape or sexual assault, not murder,” Dearborn said.
That’s because of the lasting effects of sexual abuse on the victim. Dearborn said one in three women are victims of some sort of sexual assault during their lifetime. One in six boys are victimized by age 18.
These victims are more likely to develop drug or alcohol abuse problems, and are also likely to have problems in relationships as adults.
“So many mental and health care issues in our state come from victims of domestic violence and sexual assault,” Dearborn said. “They have more chronic health issues than any other people. To me, that is a tragedy.”
When a rape is reported, Dearborn or another sexual assault advocate meets the victim at the hospital. There, one of 11 specially-trained sexual assault nurse examiners (SANE) will administer the proper tests needed to prosecute the case.
The victim can choose to remain anonymous and not report the crime at the time it occurs. Victims have 90 days to decide, and evidence will be kept in police custody for that time, numbered anonymously so the name is not known to officers. Victims can choose to file an official police report at any time during that 90-day period.
Advocates help sexual assault victims obtain counseling and support them during any court procedures that occur.
In child sexual assault cases, victims in Cherokee, Wagoner and Sequoyah counties are taken to special child advocacy centers, where trained personnel discover what has happened in a manner least painful to the young child. Adair County does not yet have such a center.
Dearborn would like to see society change its attitude toward rape victims. Years ago, people tended to feel that if a woman was raped, she had done something to deserve it. They said she shouldn’t have been drinking in a bar, walking through a dark parking lot, worn a short skirt or gone out with a man she didn’t know well.
But anyone can become a victim of sexual assault through no fault of their own, Dearborn said. The 9-day-old child is as vulnerable as a 90-year-old woman. An attractive young woman who is sexually active can be a rape victim if, in this particular incident, she doesn’t want the sexual activity.
“Just because a victim is willing to go along with it, for fear of further damage, does not mean they give consent,” Dearborn said. “A lot of times women will say ‘No!’ if they can get the word out, but they’re ignored. If they don’t verbalize their ‘no,’ many times, others think they go along with it.”
In recent years, more people have become aware of other dimensions of sexual abuse — adult males abusing young men they have some type of mentor or control relationship with, female teachers or other older women having sexual relationships with teen boys. Incidents of men coming forward years later and revealing they had been sexually abused by priests or other ministers, and the recent case at Pennsylvania State University, have added to the awareness.
“In 2011, we had one male victim come forward for a sexual assault exam that was completed, and one who came forward but did not complete,” Dearborn said. “The percentage is minuscule. If it’s hard for women to come and talk about it, it’s even harder for a man. I think we’ve seen an increase in awareness because of Penn State.
“The new definition is more inclusive of gender victimization. It’s not just a woman’s issue,” she said.
She pointed out that when a woman is victimized, it has an impact on the men in her life.
Just as the concept of who is a victim has changed over the years, so has the concept of who can be an offender. The rapist isn’t just the stranger lurking in a dark alley.
“I can be the account executive. It can be a coach. It can be a trusted doctor,” Dearborn said.
There are a number of trained counselors available to work with victims and their families in this area. Some congregations are getting more involved. Dearborn thinks this is a good thing, as long as they do not judge the victim.
“Our faith community needs to recognize people are sitting in their churches with these wounds and afraid to say anything,” she said. “People can get well physically and emotionally and never get well spiritually.”
She urges anyone who has been victimized to reach out and talk to the appropriate people.
“This is a noteworthy job because of the pain so many people suffer,” she said of her role. “We get to aid in the healing.”
http://tahlequahdailypress.com/features/x1669703996/Revision-of-rape-definition-more-inclusive
. He knows women "ask to be raped" in that manner. 