Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6

rape Related Abstracts

6 Systematic Review of Sexual Assault Prevention Methods for Older Adults: Exploring the Hidden Needs of a Growing Population

Authors: Michelle Hand, Brieanne Beaujolais

Abstract:

Rape stereotypes have long involved the assault of young females by strangers desiring sex. As such, older adult women and men have largely been excluded from research, policies, and awareness raising initiatives to address sexual violence. Moreover sexual assault accounts for the most underreported type of abuse experienced by older adults, highlighting a need to expand our knowledge base in this area. Thus a systematic review of peer-reviewed scholarly articles and reports was conducted to explore the ways sexual assault has been prevented among older adults in recent years and to identify implications for researchers and practitioners as they aim to meet the needs of this population. Articles and reports published during or after 2007 were eligible if their focus included methods to address sex abuse among older adults as well as practice or research implications. Forty-four articles met this criteria and were included in this systematic review. The findings from this review will provide an in-depth understanding of the under-researched issue of sexual violence among older adult women and men as well as current prevention strategies. In addition, implications and recommendations will be provided for practitioners, educators and researchers as they aim to meet the hidden needs of this growing yet under-researched population.

Keywords: Sexual Violence, Sexual assault, elder, rape

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5 Scourge of Sexual Offence: A Socio-Demographic Profile of Survivors of Sexual Offences

Authors: A. Priyanka, Sunil Kumar Kainoor, Parinitha Nayaka

Abstract:

Introduction: Ever since the ancient times, rape and other sexual offences are considered to be heinous crimes. Rape is not just another word in the dictionary, but it is the most barbaric act of violence committed with sex being the weapon. Rape is among the highest forms of crime experienced by women and children in all sectors of the society. In recent years, there has been an alarming rise in ratio of rape in India. The burden of such crimes on the society is very huge. The venereal diseases are the worst consequence along with unwanted pregnancies. Aims and Objectives: To determine the socio-demographic profile of the survivors of sexual offences reported to Dept. of Forensic Medicine of a South Indian medical college. Material methods: This retrospective study was conducted in the Department of Forensic Medicine of Raichur Institute of Medical Sciences, Raichur, Karnataka, India. Only survivors of sexual offences cases were included in the study group. Examination of all survivors was carried out by doctors of the said Department. Study period is one year six months, January 2015 to June 2016. Results/ case history: In total 140 cases of sexual offences were examined during study period of which the total survivors accounted to 62.85% i.e. 88 cases. Of the 88 survivors, 61 (69.31%) were registered under POCSO Act. The most affected age group of victims was 10-18 years in 59 (67%) cases. 61% were in acquaintance with the assailants, 18% were classmates/ friends, 13% of accused were Family members/ Relatives, 8% were strangers. 85% of the survivors were hailing from rural setup, while 15% were from urban. 60.65% of the survivors were students, 37.7% were doing Coolie/ Agricultural works. Conclusion: Delay in reporting of cases resulted in loss of vital physical evidences as no concrete report could be generated from the forensic lab after examination of specimens thus there should be coordination among doctors, forensic experts and investigating agency. It is worth mentioning that though a large number of cases of sexual offences are reported as rape many among them are consented acts and hence definite evidence of forceful sexual intercourse is lagging.

Keywords: pregnancy, India, rape, consensual sex, POCSO Act- 2012, sexual offence

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4 The Conundrum of Marital Rape in Malawi: The Past, the Present and the Future

Authors: Esther Gumboh

Abstract:

While the definition of rape has evolved over the years and now differs from one jurisdiction to another, at the heart of the offence remains the absence of consent on the part of the victim. In simple terms, rape consists in non-consensual sexual intercourse. Therefore, the core issue is whether the accused acted with the consent of the victim. Once it is established that the act was consensual, a conviction of rape cannot be secured. Traditionally, rape within marriage was impossible because it was understood that a woman gave irrevocable consent to sex with her husband throughout the duration of the marriage. This position has since changed in most jurisdictions. Indeed, Malawian law now recognises the offence of marital rape. This is a victory for women’s rights and gender equality. Curiously, however, the definition of marital rape endorsed differs from the standard understanding of rape as non-consensual sex. Instead, the law has introduced the concept of unreasonableness of the refusal to engage in sex as a defence to an accused. This is an alarming position that undermines the protection sought to be derived from the criminalisation of rape within marriage. Moreover, in the Malawian context where rape remains an offence only men can commit against women, the current legal framework for marital rape perpetuates the societal misnomer that a married woman gives a once-off consent to sexual intercourse by virtue of marriage. This takes us back to the old common law position which many countries have moved away from. The present definition of marital rape under Malawian law also sits at odd with the nature of rape that is applicable to all other instances of non-consensual sexual intercourse. Consequently, the law fails to protect married women from unwanted sexual relations at the hands of their husbands. This paper critically examines the criminalisation of marital rape in Malawi. It commences with a historical account of the conceptualisation of rape and then looks at judgments that rejected the validity of marital rape. The discussion then moves to the debates that preceded the criminalisation of marital rape in Malawi and how the Law Commission reasoned to finally make a recommendation in its favour. Against this background, the paper analyses the legal framework for marital rape and what this means for the elements of the offence and defences that may be raised by an accused. In the final analysis, this contribution recommends that there is need to amend the definition of marital rape. Better still, the law should simply state that the fact of marriage is not a defence to a charge of rape, or, in other words, that there is no marital rape exemption. This would automatically mean that husbands are subjected to the same criminal law principles as their unmarried counterparts when it comes to non-consensual sexual intercourse with their wives.

Keywords: Gender, Criminal Law, Malawi, rape, marital rape, sexual intercourse

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3 Gender Dimension of Migrations Influenced by Genocide and Feminicides around the Globe

Authors: Lejla Mušić

Abstract:

Gender dimension of migration analyzes the intersection in between the world statistics on male and female migrations, around the world, involving the questions of youth migrations. Comparative analyses of world migration statistics as methodology offer the insight into the position of women in labor market around world. There are different forms of youth debris in contemporary world. The main problems are illegal migration, feminization of poverty, kidnapping the girls in Nigeria, femicides in Juarez and Mexico. Illegal migrations involve forced labor, rape and prostitution. Transgender youth share ideas through the online media (anti-bullying videos) and develop their own styles such as anarcho-punk, rave, or rock. Therefore, the stronger gender equality laws and laws for protection of women on work should be enforced.

Keywords: forced labor, rape, hyperfeminisation, gangs of girls, rent boys masculinities, Varoç in Istanbul, rape and prostitution, illegal emigrations

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2 Effective Sexual Assault Treatment as Viewed by Survivors and Expert Therapists

Authors: Avigail Moor

Abstract:

Rape and sexual assault have been widely linked to severe psychological sequelae, the recovery from which often requires professional help. Thanks to the current shift in societal attitudes towards sexual violence, the victim's perspective is increasingly being heard. The present study is yet another step in that direction. Through the investigation of what recovered survivors of sexual assault identify as the therapeutic interventions that most assisted them in overcoming their trauma, guidelines for optimal sexual assault treatment are established. These receive further support from a comparison with expert therapists as to what they view as being most conducive to recovery from rape. In-depth semi-structured interviews were conducted with 15 survivors who have experienced a successful course of therapy and 15 therapists with extensive expertise in the field. The results document considerable agreement between the two perspectives, which share much in common. First, irrespective of the specific techniques involved, both survivors and therapists placed the greatest importance on a respectful and validating therapeutic relationship, that operates to counter the dehumanization and degradation entailed in the assault. In addition, specific interventions were identified, which include the reprocessing of all rape-specific peri-traumatic reactions coupled with the intentional countering of their consequences within the therapeutic relationship. Together, these reports provide a detailed account of post-rape treatment needs and the interventions required for their effective resolution.

Keywords: Sexual assault, survivors, rape, treatment efficacy

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1 Evolving Jurisprudence of Rape Laws in India: A Study of Last One Decade

Authors: Drutika Upadhyay

Abstract:

Rape is one of the most heinous crimes committed against the body of a woman violating her privacy and dignity. The Right to Privacy and the Right to Live with Dignity constitute the very essence of the Right to Life and Personal Liberty, a Fundamental Right guaranteed under Article 21 of the Indian Constitution. The study is conducted with the primary objective of analyzing the efficacy of rape laws in India. The study begins by explaining the origin, meaning, and kinds of rape recognised under Indian jurisprudence. Further, it explains various statutory and penal provisions relating to rape and the loopholes in such provisions. It focuses on the procedure followed during investigation and trial and also aims at developing an understanding of the rights of the victim and the sentence in cases of rape. The study also throws some light upon the amendments made to the criminal law and the recommendations of the Law Commission of India to meet the demands of the changing criminal justice delivery system. The outcome of the study suggests that the laws relating to rape have proved to be a major failure owing to the lack of proper implementation. Also, the lack of education among the masses leads to gender biasness, which is the ultimate cause for the commission of such crime. At last, the author concludes that the present criminal law system of the country contains various lacunae that need to be filled in so as to make the criminal justice system more stringent. Further, the scope of the definition of ‘rape’ needs to be widened in order to include such other acts of non-consensual and sexual nature that are currently not included in the definition. The author has adopted a non-doctrinal and analytical approach and relied upon the secondary sources of data for the purpose of the study. The scope of the study is limited to the crime committed against women.

Keywords: Privacy, Criminal Law, amendment, rape, fundamental right, personal liberty

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