Definition
The various definitions of rape range from the broad (coercing an individual to engage in any sexual act) to the specific (forcing a woman to submit to sexual intercourse). The United States Code includes the crime of rape under the more comprehensive term "sexual abuse." Two types of sexual assault are defined in the code: sexual abuse and aggravated sexual abuse. Sexual abuse includes acts in which an individual is forced to engage in sexual activity by use of threats or other fear tactics, or instances in which an individual is physically unable to decline. Aggravated sexual abuse occurs when an individual is forced to submit to sexual acts by use of physical force; threats of death, injury, or kidnapping; or substances that render that individual unconscious or impaired.
Description
Many misconceptions exist about rape and sexual assault. It is often assumed that rape victims are all women who have been attacked by a total stranger and forced into having sexual intercourse. In reality, sexual assault can take many forms—it may be violent or nonviolent; the victim may be male or female, child or adult; the offender may be a stranger, relative, friend, authority figure, or spouse.
The number of sexual assaults reported depends on how those abuses are defined. The United States Code uses two terms to distinguish between different sexual activities:
- Sexual act: contact between penis and vagina or penis and anus that involves penetration; contact between the mouth and genitals or anus; penetration of the vagina or anus with an object; or direct touching (not through clothing) of the genitals of an individual under the age of 16.
- Sexual contact: intentional touching of the genitals, breasts, buttocks, anus, inner thigh, or groin with no sexual penetration.
National statistics
There were 89,167 forcible rapes reported to U.S. law enforcement agencies in 1999. Sixty-four out of every 100,000 women were reported to be victims of rape that year, down 5% from 1998 and 11% from 1995. The actual number of rapes and sexual assaults, however, is in reality much larger. The National Violence Against Women Survey, jointly sponsored by the Centers for Disease Control and Prevention (CDC) and the National Institute of Justice (NIJ) and conducted in the mid-1900s, found that one in six women (18%) and one in 33 men (3%) has experienced an attempted or completed rape. The survey estimated that approximately 17,722,672 women and 2,782,440 men in the United States have been raped or have had rape attempted as a child or adult, and that 302,091 women and 92,748 men were raped in the 12 months prior to the study.
There are numerous reasons why the majority of sexual assaults are never reported. Often the victim fears retaliation from the offender. He or she may be afraid of family, friends, the community, or the media learning about the offense. There may be a concern about being judged or blamed by others. The victim may think that no one will believe the assault occurred.
THE VICTIMS. The 2000 "Victim, Incident, and Offender Characteristics," published by the National Center for Juvenile Justice (NCJJ), analyzed sexual assault data collected by law enforcement agencies over a five-year span. The following characteristics were found to be significant among victims of sexual assault:
- Age: Over two-thirds of reported victims of sexual assault were juveniles under the age of 18. Twelve to 18 year olds represented the largest group of victims at 33%; 20% were between the ages of six and 11; children less than five years old and adults between 18 and 24 years of age each constituted 14% of victims; 12% were between the ages of 25 and 34; and 7% were over the age of 34. Persons over the age of 54 represented 1% of all victims. One out of every seven victims surveyed in the study were under the age of six.
- Gender: Females were more than six times more likely to be a victim of sexual assault then males; more than 86% of victims were females. The great majority (99%) of the victims of forcible rapes were women, while men constituted the majority (54%) of the victims of forcible sodomy (oral or anal intercourse). Females are most likely to be the victim of sexual assault at age 14, while males are at most risk at age four.
- Location: The residence of the victim was the most commonly noted location of sexual assault (70%). Other common locations included schools, hotels/motels, fields, woods, parking lots, roadways, and commercial/office buildings.
- Weapons: A personal weapon (hands, feet, or fists) was used in 77% of cases. No weapon was noted in 14% of assaults; other weapons (knifes, clubs, etc.) were used in 6% of cases. Firearms were involved in only 2% of assaults.
THE OFFENDERS. Similar statistics were gathered by the NCJJ regarding the perpetrators of rape and sexual assault. These characteristics included:
- Age: Over 23% of offenders were under the age of 18; juveniles were more likely to be perpetrators of forcible sodomy and fondling. The remaining 77% of offenders were adults and were responsible for 67% of juvenile victims. For younger juvenile victims (under the age of 12), juvenile offenders were responsible for approximately 40% of assaults.
- Gender: The great majority of all reported offenders were male (96%). The number of female offenders rose for victims under the age of six (12%), in contrast to 6% for victims aged six through 12, 3% for victims aged 12 through 17, and 1% for adult victims.
- Relationship with offender: Approximately 59% of offenders were acquaintances of their victims, compared to family members (27%) or strangers (14%). Family members were more likely to be perpetrators against juveniles (34%) than against adults (12%). In contrast, strangers accounted for 27% of adult victims and 7% of juveniles.
- Past offenses: In 19% of juvenile cases, the victim was not the only individual to be assaulted by the offender, compared to only 4% of adult cases.