Actions taken by husband in bride-kidnapping video evidence a Rape or nontraditional rape occurred

According to the Susan Estrich article regarding rape, non-traditional rape differs from rape proper due to the amount of violence or physical force which is used during the commencement of the act. In the video entitled Bride Kidnapping in Kyrgyzstan, physical force is initially used by the husband; however, it is the woman"s state of duress and compliance due to her lack of choice which constitutes this act as being deemed non-traditional rape. Although the woman eventually agrees to the marriage, and thus the act of sex, it appears that she is not able to say no due to her culture"s tradition. The woman is under a state of duress because she feels obligated to follow through with the marriage, although she reports that she did not want to get married in this way. In Kyrgyzstan, although Bride Kidnapping is technically illegal, tradition and customs are viewed as above-the-law, which places the woman at risk for being violated by rape proper or non-traditional rape, depending on the amount of physical force which is actually used, therefore, making the crime of rape a sexist crime. Furthermore, non-traditional rape places the blame on the victim because in the end the woman agrees to the marriage, and thus the act of sex. Author, Susan Estrich concludes that the husband in the Bride Kidnapping in Kyrgyzstan video committed non-traditional rape as opposed to the act of rape proper, as follows: (1) The husband kidnaps his "bride" with the intent of commencing the marriage with an act of sex; therefore, his mens rea involves intention to force non-traditional rape and the actus reas is the physical act of committing non-traditional rape. (162.1.1)(2:08) (2) When the woman is forced against her will into the car of her future husband, she resists therefore constituting non-consensual force. (163.1)(12:32) (3) When resisting, the woman risks bodily harm and this resistance is a condition of non-consensual force. (165.1)(12:33) (4) The woman is taken to the family of her future husband, at which time she is placed under a state of duress which is detrimental to her mens rea, and according to our author, law has traditionally assessed the mens rea of the victim during an act of rape. (162.2)(14:50) (5) The woman admits defeat by appearing unable to say no to the marriage, which concludes that the female was passive, and non-traditional rape punishes female passivity. (161.1.5)(27:04) (6) Due to the lack of physical force during the act of sex, the husband does not commit an act of rape proper. (161.1.3)(30:34) (7) However, it is this lack of force in non-traditional rape which makes it easy for the man to exculpate himself, which is the case with this husband, as he states that everything went according to plan. (164.3)(18:41) _____________________________________________________________________________________ (8) Therefore, the husband fits the qualifications for committing non-traditional rape as opposed to the crime of rape proper. As a result of the amount of physical force used during the above act, our author would distinguish this woman as being a victim of the crime of non-traditional rape as opposed to the crime of rape proper.