Unacknowledged rape

Last updated January 14, 2024

Unacknowledged rape is defined as a sexual experience that meets the legal definition of rape, but is not labeled as rape by the victim.^[1] Instead, the victim may label the experience as "bad sex", a "miscommunication",^[2] or a regrettable hook-up. This response is more frequently recognized among victims of acquaintance rape, date rape or marital rape.

Historic roots

The definition of rape has varied across time and cultures, often representing the social undercurrents of society. As women gained equal rights and the separation of church and state increased, what constituted rape slowly changed.

Under the patriarchal doctrine of coverture, women were "legally considered the chattel of her husband, his possession."^[3] Relegating women to the position of object or property was ingrained in most cultures. During colonial times, sexual activity was still regulated by the church. As a result, rape was considered a crime against the man who "owned" the victimized woman, as opposed to the woman herself.^[1] Up until the 20th century, women were viewed as morally impure if they had any non-marital sex, whether consensual or not ^{[ ambiguous ]}.

The 1970s brought about the women's liberation movement, characterized by female bodily autonomy, reproductive rights, and sexual expression. A strong belief in feminism defined the movement. Due to this, the conceptualization of rape changed. Feminist writers suggested that rape was simply a tool used by men to keep control over women. They argued that rape did not just occur by strangers, but also involved acquaintances, partners, friends, and potentially even family members. They also began to challenge the notion that rape was solely the fault of the victim.^[1] Despite this social evolution, many victims still fail to acknowledge their experience as an assault.

Prevalence

According to a 2015 study of 77 women, 60.4% of those that experienced sexual victimization did not acknowledge it as rape.^[4] Different situations warrant different likelihoods of acknowledged rape. A victim is much more likely to acknowledge a rape if the perpetrator was a stranger or somebody with whom they have a platonic relationship. The rate of acknowledgement is lower if the perpetrator is somebody that the victim was once or currently romantically involved with. Statistics demonstrate that a lack of vaginal penetration also decrease likelihood of acknowledgement. Only 13% of non-vaginal assaults are acknowledged.^[5] Intoxication also decreases the probability of acknowledgement. College-aged women raped by a schoolmate are the demographic in which unacknowledged rape is the most prevalent.^[6] Overall, a victim is more likely to acknowledge the rape if it was a vaginal assault including physical force committed by somebody with no romantic connections and the victim was sober at the time. A victim is the least likely to acknowledge the rape if it was a non-vaginal act committed in the context of a date rape and the victim was intoxicated.

Explanations

Sexual scripts and rape scripts

Research suggests that women have a difficult time acknowledging date or partner rape due to previously learned sexual or rape scripts.^[4] Sexual scripts are mental layouts of how one is supposed to act in a sexual situation. These scripts are held in the cultural level, interpersonal level, and intrapersonal level.^[7] The script that sex is male-initiated and dominated and that men use methods of persuasion to get a woman to participate in sexual activities is a common script. This script is often used by victims to invalidate their own experiences and write them off as "bad sex" or a "miscommunication". Rape scripts also narrow down one's idea of what sexual assault is, prompting one to not acknowledge what happened to them. Many people still hold the belief that a rape is a violent vaginal penetration committed by a stranger in which physical force or threats are enacted. If one's experience does not fall into this narrow category, they might once again label it as a "miscommunication" or "bad sex" rather than rape. The word "rape" is a very loaded word. Many people are hesitant about using it to describe their experience unless it fits the rape script.

Previous sexual abuse

Some research suggests that there is correlation between unacknowledged rape and childhood sexual abuse. Childhood sexual abuse is linked to many long-term issues in many areas of life.^[4] Some believe that sexual scripts begin to develop during adverse childhood experiences. CSA is often linked to guilt, sexual permissiveness, and the self-perception of being promiscuous.^[4] Although there are no conclusive case studies, this is a factor that can be taken into account.

Rape myths

Rape myths are generalized or false beliefs held about rape, rapists, or rape victims that breed conditions unwelcome to rape victims. Such myths include "some women are asking for it" to "women only claim they are raped as an act of retaliation or to cover something up".^[8] Many of these myths are widely held by society and taught to young women whether directly or indirectly. Many of these myths put the burden of responsibility onto a woman if there is alcohol involved or there was a prior sexual relationship with the perpetrator. None of these myths hold the perpetrator accountable for his actions. Due to the fear of public reaction, or believing these myths themselves, a victim may be hesitant to label their situation as rape.^[5] Most of these myths are rooted in three forms of discourse. The first is the male sex drive discourse. This belief states that men have a biological need for sex that is difficult, if not impossible to control. They are not entirely responsible if they do not control this need, and it is a woman's duty to make sure this drive is satisfied. The second is the have-hold discourse. This implies that women have no sex drive and simply satisfy men for security or social standing. The third form of discourse is the permissiveness discourse, which claims that women enjoy sex as much as men and go after it freely with no impulse control. These three fallacies prompt society and often the woman herself to question the credibility of her use of the word "no".^[5]

Counterfactual thinking

Counterfactual thinking occurs when an individual mentally morphs, restructures, or changes events. It is possible that unacknowledged rape victims use counterfactual thinking to cognitively reorganize the experience into something other than rape.^[1] Victims that exhibit counterfactual thinking typically reorganize their thought patterns by thinking of ways the situation could have been worse. Others think about ways they could have prevented the situation from occurring instead of thinking about the experience itself. Both of these thought patterns are clearly related to a lack of acknowledgment.^[9]

Relationship to perpetrator

Individuals who are raped by strangers are more likely to acknowledge their status as a rape victim. Conversely, individuals who are raped by acquaintances,^[10] friends, or significant others are more likely to be unacknowledged rape victims. Approximately 2/3 of assaults are committed by someone who knows the victim and 38% of assaults are committed by a friend of the victim.^[11] Acquaintance rape is highly prevalent and represents the majority of sexual assault cases. Therefore, a majority of victims are at an increased likelihood of being unacknowledged.

Drug and alcohol use

If an individual was willingly under the influence of alcohol or drugs, they are less likely to acknowledge the event as a rape.^[1] One study found that less than 10% of women who were intoxicated acknowledged their experience as rape. Another study found that over 50% of unacknowledged victims report being under the influence of alcohol or drugs at the time of the event while only approximately 25% of acknowledged victims report being impaired by a substance.^[1]

Legal and other issues

Unacknowledged rapes can skew the validity of statistics regarding criminal behavior.^[4] Reputable reports such as the FBI violent crime report rely upon crimes reported to law enforcement to construct their statistics. The most recent study estimated that 135,755 women were raped in the year of 2017.^[12] However, the crime must be reported to be included in this report. Only 230 out of every 1,000 rapes are reported to law enforcement officials.^[13] If a victim does not acknowledge the assault, they do not acknowledge that a crime has been committed against them. If there is no crime, there is nothing to report to the police. For this reason, it is understood that such reports underestimate the prevalence of sex crimes. Studies regarding unacknowledged rape also call into question whether or not the current line of communication between victim and law enforcement officer yields the most success.^[4] When investigating reported assaults, the protocol is for the officer to ask, "Were you raped?" However, it has been found that people reporting rapes respond better to behaviorally descriptive questions such as "Did the perp (insert action) without your consent?".^[4] Unfortunately, not acknowledging a rape makes it much harder to prosecute. If a rape eventually becomes acknowledged and a report is made, the report is considered delayed. A delayed report makes conducting an examination for a rape kit impossible. Because jurors can also hold rape myths, a delayed report is often viewed in a negative light.

After effects

There is inconclusive evidence regarding the effects of a rape that remains unacknowledged. Women who do not acknowledge their assaults often face similar issues to women who do acknowledge their assaults. Unacknowledged rape victims face a higher likelihood of re-victimization, especially in the case of a date rape where the victim holds a continued relationship with the assailant.^[5] Lower risk detection capacities and higher alcohol consumption are associated with unaddressed rapes. It has been found that the more time that passes, the more likely a victim is to acknowledge their rape. The prevalence of PTSD is where evidence is rendered inconclusive. Some studies report lower PTSD levels in comparison to victims who have acknowledged their rape, while others report the same or higher levels.

Related Research Articles

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.

Acquaintance rape is rape that is perpetrated by a person who knows the victim. Examples of acquaintances include someone the victim is dating, a classmate, co-worker, employer, family member, spouse, counselor, therapist, religious official, or medical doctor. Acquaintance rape includes a subcategory of incidents labeled date rape that involves people who are in romantic or sexual relationships with each other. When a rape is perpetrated by a college student on another student, the term campus rape is sometimes used.

Some victims of rape or other sexual violence incidents are male. It is estimated that approximately one in six men experienced sexual abuse during childhood. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.

Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff. In 2001, Human Rights Watch estimated that at least 4.3 million inmates had been raped while incarcerated in the United States. A United States Department of Justice report, Sexual Victimization in Prisons and Jails Reported by Inmates, states that "In 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." However, advocates dispute the accuracy of the numbers, saying they seem to under-report the real numbers of sexual assaults in prison, especially among juveniles.

Rape culture is a setting, studied by several sociological theories, in which rape is pervasive and normalized due to societal attitudes about gender and sexuality. Behaviors commonly associated with rape culture include victim blaming, slut-shaming, sexual objectification, trivializing rape, denial of widespread rape, refusing to acknowledge the harm caused by sexual violence, or some combination of these. It has been used to describe and explain behavior within social groups, including prison rape and in conflict areas where war rape is used as psychological warfare. Entire societies have been alleged to be rape cultures.

Date rape is a form of acquaintance rape and dating violence. The two phrases are often used interchangeably, but date rape specifically refers to a rape in which there has been some sort of romantic or potentially sexual relationship between the two parties. Acquaintance rape also includes rapes in which the victim and perpetrator have been in a non-romantic, non-sexual relationship, for example as co-workers or neighbors.

Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types described below are not mutually exclusive: a given rape can fit into multiple categories, by for example being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.

Rape is a traumatic experience that affects the victim in a physical, psychological, and sociological way. Even though the effects and aftermath of rape differ among victims, individuals tend to suffer from similar issues found within these three categories. Long-term reactions may involve the development of coping mechanisms that will either benefit the victim, such as social support, or inhibit their recovery. Seeking support and professional resources may assist the victim in numerous ways.

Rape is a type of sexual assault involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

Sexual violence refers to a range of completed or attempted sexual acts in which the affected party does not or is unable to consent. Theories on the causes of sexual violence are numerous and have come out of many different disciplines, such as women's studies, public health, and criminal justice. Proposed causes include military conquest, socioeconomics, anger, power, sadism, traits, ethical standards, laws, and evolutionary pressures. Most of the research on the causes of sexual violence has focused on male offenders.

As sexual violence affects all parts of society, the responses that arise to combat it are comprehensive, taking place on the individual, administrative, legal, and social levels.

Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university. The victims of such assaults are more likely to be female, but any gender can be victimized. Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19 and 27% of college women and 6–8% of college men are sexually assaulted during their time in college.

Mary P. Koss is an American Regents' Professor at the University of Arizona, Mel and Enid Zuckerman College of Public Health in Tucson, Arizona. Her best known works have been in the areas of gender-based violence and restorative justice.

Sexual violence is defined as the use of force or manipulation to get someone to engage in unwanted sexual activity without his or her consent. Such violence takes place in both heterosexual and homosexual relationships, as well as outside intimate relationships. All sexual offenses violate the basic right of sexual self-determination. In Finland, sexual violence and taking advantage of a person is always a crime, even if the assaulter was the victim's spouse, relative or their friend. Sexual offences include but are not limited to rape, forcing someone into a sexual act and taking sexual advantage of a person. The victims of sexual violence are predominantly women, but 26 percent of Finnish men have experienced sexual harassment since their 15th birthday.

Rape schedule is a concept in feminist theory used to describe the notion that women are conditioned to place restrictions on and/or make alterations to their daily lifestyles and behaviours as a result of constant fear of sexual assault. These altered behaviours may occur consciously or unconsciously.

Rape myths are prejudicial, stereotyped, and false beliefs about sexual assaults, rapists, and rape victims. They often serve to excuse sexual aggression, create hostility toward victims, and bias criminal prosecution.

Sexual assault of LGBT people, also known as sexual and gender minorities (SGM), is a form of violence that occurs within the LGBT community. While sexual assault and other forms of interpersonal violence can occur in all forms of relationships, it is found that sexual minorities experience it at rates that are equal to or higher than their heterosexual counterparts. There is a lack of research on this specific problem for the LGBT population as a whole, but there does exist a substantial amount of research on college LGBT students who have experienced sexual assault and sexual harassment.

Research consistently shows that the majority of rape and other sexual assault victims do not report their attacks to law enforcement. Reasons for not reporting include fear of reprisal, shame, uncertainty about whether a crime was committed, or a belief that an incident was not sufficiently serious enough to report. As a result, researchers generally rely on surveys to measure sexual violence that is not reported to the police. Estimates of campus sexual assault measured on surveys vary across populations and over time, however a recent review concluded that a "reasonable average" of around 1 in 5 (20%) of women were sexually assaulted during their time in college. And although much of the research on sexual assault has focused on college campuses, there is evidence that non-students of the same age are actually at higher risk than college students.

Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:

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.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

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↑ Koss, Mary P. (June 1985). "The hidden rape victim: personality, attitudinal, and situational characteristics". Psychology of Women Quarterly . 9 (2): 193–212. doi:10.1111/j.1471-6402.1985.tb00872.x. S2CID 144049774.
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↑ "The Criminal Justice System: Statistics | RAINN". www.rainn.org. Retrieved 2018-11-28.