Sexual Assault Flashcards
Describe the history of rape
The Code of Hammurabi, established around 2000 BC, provided the first written law and punishment for the crime of rape. Under this code, a suitor or his family paid a “bride price” to the father to take possession of his bride. However, the girl’s virginity had to be guaranteed so that the family bloodlines would be untainted. If a daughter was raped prior to her marriage, it was considered a crime against her father, who would receive far less money because his daughter’s virginity had been stolen.
MOTIVES AND OBJECTIVES
- Power-assertive
- Power-reassurance
- Anger-retaliatory
- Anger-excitement
MYTHS ABOUT SEXUAL ASSAULT
- Victims provoke sexual assaults when they dress provocatively or act in a promiscuous manner.
- It’s only a sexual assault if the victim puts up a fight and resists
- If a person goes to someone’s room or house or goes to a bar, they assume the risk of sexual assault
- Women report sexual assault to get even with men or to protect their reputation
- A sexual assault survivor will be battered, bruised, and hysterical.
- Sexual assaults occur in dark alleys
- Men cannot be sexually assaulted.
S.C. Code Ann. § 16-3-652 (2010). Criminal Sexual Conduct in the first degree
(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking
(c) The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering a controlled substance
S.C. Code Ann. § 16-3-653 (1976). Criminal Sexual Conduct in the second degree
(1) A person is guilty of criminal sexual conduct in the second degree if the actor uses aggravated coercion to accomplish sexual battery.
S.C. Code Ann. § 16-3-654 (1976). Criminal Sexual Conduct in the third degree
(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery
Marital rape is also known as
intimate partner violence, domestic sexual abuse, and, in South Carolina, spousal sexual battery
S.C. Code Ann. § 16-3-615 (1976). Spousal sexual battery
accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they are living together
The offending spouse’s conduct must be reported to appropriate law enforcement authorities within
30 days
S.C. Code Ann. § 16-3-658 (1976). Criminal sexual conduct; when victim is spouse
A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 through 16-3-659.1 if the victim is the legal spouse unless the couple is living apart and the offending spouse’s conduct constitutes criminal sexual conduct in the first degree or second degree
DRUG-FACILITATED SEXUAL ASSAULTS
- Ethanol
- Gamma Hydroxybutyrate (GHB)
- Rohypnol
- Ecstasy
- Ketamine
EMOTIONAL STAGES AND COMMON REACTIONS OF THE VICTIM
- Shock - Numbness
- Disbelief - Denial
- Anxiety
- Guilt
- Anger - Resentment
- Fear
- Additional Reactions a. Embarrassment
b. Shame c. Powerlessness
RAPE TRAUMA SYNDROME
- Acute Phase
- The Outward Adjustment Phase
- The Resolution Phase
THE FIRST RESPONDER’S RESPONSIBILITIES
First, the immediate medical needs and emotional state of the survivor must be tended to. Second, crime scene evaluation and evidence gathering should begin as soon as law enforcement arrives on the scene.
CODIS
Combined DNA Index System