Coercive sex (rape)

Rape is an emotionally-laden subject surrounded by myths and misunderstandings. While it is defined as a sexual act, it is primarily an expression of violence, anger, or power. Its victims can be male or female, very young, very old, rich, poor, mentally challenged, physically disabled, or able-bodied.  Those who rape are also a diverse group that defies classification.

The word rape comes from a Latin term (rapere) that means to steal, seize, or carry away. In ancient times, rape was one way to procure a wife: a man simply overpowered a desirable woman and then brought her into his tribe. The man then had to protect his property and his honor by preventing others from seizing or raping his wife. This appears to have provided the origins for the first laws against rape in which rape was viewed as crime against property or honour but not against women.

According to the Code of Hammurabi, a set of laws established in Babylonia about 4000 years ago, a man who raped a betrothed virgin was to be put to death. If a man raped a married woman, both the rapist and his victim were regarded as guilty and were executed by drowning. A similar distinction with a slightly different twist was found in biblical injunctions about rape (Deuteronomy 22:22-28): A married woman who was raped was seen as a willing accomplice, so she and her rapist were killed; a virgin was considered guilty only if she was raped in the city, since it was assumed that her screams would have led to her rescue. In contrast, a virgin who was raped in a field outside the city walls was spared, since no one could hear her screaming. If she was betrothed to someone, her rapist was stoned to death – if not, he had to marry her (whether or not she liked this arrangement didn’t seem to matter).

Later laws against rape continued to specify varying circumstances by which rape was judged as more or less serious. Penalties were higher if the woman was a virgin or high social class. Under William the Conqueror (1035-1087), a man who raped a virgin of high social standing was punished by castration and blinding. Guilt, however, was determined by trial by combat, or unless the victim had a champion willing to risk his life by fighting the accused rapist, she had no way of establishing her case.

By the twelfth century, jury trails replaced combat, as a means of determining guilt or innocence.  Yet all were not equal in the eyes of the law: A nobleman or knight could easily blame a rape he committed on one of his men and save his vision and chances for fatherhood. At the end of thirteenth century, two additional changes appeared in English Law concerning rape: the distinction between raping a virgin or a married woman was dropped, and the old custom of penitence through marriage was permanently banned.

Despite the legal system, rape has not always been regarded as bad. In wartime, from thousands of years ago until today, victorious soldiers have raped enemy- women. In literature, rape has sometimes been presented in heroic terms, as Ayn Rand did in The Fountain Head. In society, rape has often been practically defined in terms of the social positions of victim and victimizer: In the 1940s and 1950s for example, a white male was rarely charged with raping a black woman in the south, but a black man charged with raping a white woman was dealt with swiftly and harshly. Even today, in most jurisdictions, a man is unlikely to be charged with raping a prostitute, and forced intercourse between husband and wife does not “count” as rape in many countries.  The last few decades saw a great increase in public awareness of rape. The women’s movement played a major role in this process, raising issues and demanding improvements in services to rape victims.

Forcible rape is far and away the most common form of rape but, there are also several subcategories of forcible rape that can be distinguished, although most of these are not legally defined terms.  The solo rape is carried out by one man acting alone and often occurs in forcible date rape and mate rate. Gang rape is a terrifying form of rape involving two or a group of men, sometimes with a female accomplice, who take turns raping the victim. A rear form of gang rape involves several women raping a man. A more common version of gang rape is a group of men who rape another man rectally. The rape of men by men is infrequent among gay men and usually involves heterosexual men in prison.  There are also women who rape men although it is less reported.