Rape

Caption= The rape of noblewoman [[Lucretia]] was a starting point of events that led to the overthrow of the [[Roman Kingdom]] and establishment of the [[Roman Republic]]. As a direct result of rape, Lucretia committed [[suicide]]. Many artists and writers were inspired by the story, including [[The Rape of Lucrece|Shakespeare]], [[The Story of Lucretia (Botticelli)|Botticelli]], [[Rembrandt]], [[Albrecht Dürer|Dürer]], [[Artemisia Gentileschi]], [[Geoffrey Chaucer]], and [[Thomas Heywood]].

{{rape}}

'''Rape''' is a type of sexual assault usually involving sexual intercourse or other forms of [[sexual penetration]] perpetrated against a person without that person's consent. The act may be carried out by physical force, [[coercion]], abuse of authority or against a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.

When part of a widespread and systematic practice during international conflict, rape and [[sexual slavery]] are recognized as crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be severely [[Psychological trauma|traumatized]] and may suffer from post-traumatic stress disorder in addition to psychological harm resulting from the act, rape may cause physical injury, or have additional effects on the victims, such as the acquiring of [[sexually transmitted infections]] or becoming pregnant. Furthermore, following a rape, a victim may face violence or threats thereof from the rapist, and, in some cultures, from the victim's own family and relatives.

==Etymology of term==

The term ''rape'' originates in the [[Latin language|Latin]] [[wikt:Special:Search/rapere|''rapere'']] (supine stem ''raptum''), "to snatch, to grab, to carry off".<ref name = "cor">Corinne J. Saunders, ''Rape and Ravishment in the Literature of Medieval England'', Boydell & Brewer, 2001, p. 20.</ref><ref name = "Kei">Keith Burgess-Jackson, ''A Most Detestable Crime: New Philosophical Essays on Rape'', Oxford University Press, New York, 1999, p.16.</ref> Since the 14th century, the term has come to mean "to seize and take away by force".<ref name="merriam-webster.com" /> In Roman law the carrying off of a woman by force, with or without intercourse, constituted "raptus".<ref name = "Kei"/> In Medieval English law the same term could refer to either kidnapping or rape in the modern sense of "sexual violation".<ref name = "cor"/> The original meaning of "carry off by force" is still found in some phrases, such as "rape and pillage" or in titles, such as the story of the [[Rape of the Sabine Women]] or the poem ''[[The Rape of the Lock]]'', which is about the theft of a lock of hair.

==Definitions==

{{Main|Types of rape}}

{{See also|Rape by gender}}

===Penetrative and non-penetrative===

{{See also|Laws regarding rape}}

\*"The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body."

\*"The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent."

===Consent===

[[Duress]], in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent.<ref name="amnesty.org"/> Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. Even [[blackmail]] may constitute duress. [[Abuse of power]] may constitute duress. For instance, in Philippines, a man commits rape if he engages in sexual intercourse with a woman ''"By means of fraudulent machination or grave abuse of authority"''.<ref>[http://www.chanrobles.com/republicactno8353.htm REPUBLIC ACT NO. 8353]. Philippine Law. Approved: September 30, 1997</ref> The [[International Criminal Tribunal for Rwanda]] in its landmark 1998 judgment used a definition of rape which did not use the word 'consent': "a physical invasion of a sexual nature committed on a person ''under circumstances which are coercive''."<ref>[http://www.unictr.org/Portals/0/English%5CAnnualReports%5Ca-54-315.pdf Fourth Annual Report of ICTR to the General Assembly (1999)] March 23, 2007</ref>

==Motivation of perpetrators==

{{further|Causes of sexual violence}}

\*beliefs in family honor and sexual purity;

\*ideologies of male sexual entitlement;

\*weak legal sanctions for sexual violence.

==Effects==

{{see also|Effects and aftermath of rape|Pregnancy from rape}}

===Emotional and psychological===

Victims of rape can be severely [[Psychological trauma|traumatized]] and may have difficulties functioning as they had been used to prior to the assault. For example, there may be disruption of concentration, sleeping patterns and eating habits. They may feel jumpy or be on edge. After being raped, it is common for the victim to experience [[Acute stress reaction|acute stress disorder]], including symptoms similar to those of [[posttraumatic stress disorder]], such as intense, sometimes unpredictable emotions, and they may find it hard to deal with their memories of the event.<ref name="AJP"/><ref name="PTASD"/> In the months immediately following the assault, these problems may be severe and upsetting and may prevent the victim from revealing their ordeal to [[friend]]s or [[family]], or seeking police or medical assistance. Additional symptoms of acute stress disorder include:<ref name="PTASD"/>

\*[[Depersonalization]] or [[Dissociation (psychology)|dissociation]] (feeling numb and detached, like being in a daze or a dream, or feeling that the world is strange and unreal)

\*Difficulty remembering important parts of the assault

\*Reliving the assault through repeated thoughts, memories, or nightmares

\*Avoidance of things, places, thoughts, and/or feelings that remind the victim of the assault

\*Anxiety or increased alertness (difficulty sleeping, concentrating, etc.)

\*Avoidance of social life or place of rape

For one-third to one-half of the victims, these symptoms continue beyond the first few months and meet the conditions for the diagnosis of [[posttraumatic stress disorder]].<ref name="AJP"/><ref name="psytimes"/><ref name="psydis"/> In general, rape and sexual assault are among the most common causes of PTSD in women.<ref name="psytimes"/>

===Physical===

===HIV/AIDS===

{{see also|Virgin cleansing myth|Prison rape in the United States#Sexually transmitted diseases}}

[[File:Don't Abuse Children sign in South Africa.jpeg|thumb|A street sign in [[South Africa]], appealing to men not to rape children in the belief that it will cure them of HIV/AIDS.]]

Rape may result in the transmission of [[HIV/AIDS]], and this is especially a problem in parts of the world where the disease is endemic, such as [[Sub-Saharan Africa]]. The extent of the problem is disputed. In 2005, some aid industry organizations stated that around 60% of combatants in the [[Second Congo War]] were HIV-infected, and that the disease was being spread by systematic rape perpetrated by these soldiers.<ref name = "time">[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/06/26/ING04DDSNI1.DTL&hw=Rape+as+weapon+of+war&sn=004&sc=380 Rape as a weapon of war]. San Francisco Chronicle. June 26, 2005.</ref> In the Democratic Republic of the Congo Demographic and Health Survey (EDS-RDC) in 2007, 1.3 percent of the population age 15–49 years is HIV-positive. The prevalence is 1.6 percent for women and 0.9 percent for men.<ref>"[http://www.measuredhs.com/pubs/pdf/SR141/SR141.pdf Democratic Republic of the Congo, Demographic and Health Survey 2007]</ref>

===Victim blaming===

{{Main|Victim blaming}}

<blockquote>Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed.</blockquote>

===Honor killings and forced marriages===

In many cultures, those who are raped are at very high risk of suffering additional violence or threats of violence after the rape. These acts may be perpetrated by the rapist or by friends and relatives of the rapist, as a way of preventing the victims from reporting the rape, of punishing them for reporting it, or of forcing them to withdraw the complaint; or they may be perpetrated by the relatives of the victim as a punishment for "bringing shame" to the family. This is especially the case in cultures where female [[virginity]] is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in [[honor killings]].<ref name="zeenews.india" /><ref name="wisemuslimwomen" /><ref name="bbc" />

==Treatment==

Recovery from sexual assault is a complicated and controversial concept,<ref name="Recovering from sexual assault"/> but support groups, usually accessed by "umbrella" organizations (see [[List of anti-sexual assault organizations in the United States]]) are prevalent, including some on-line.

==Prevention==

{{Main|Initiatives to prevent sexual violence}}

As sexual violence affects all parts of society, the response to sexual violence is comprehensive. The responses can be categorized as: individual approaches, health care responses, community-based efforts and actions to prevent other forms of sexual violence.

==Statistics==

{{Main|Rape statistics}}

{{See also|Estimates of sexual violence}}

More than 250,000 cases of rape or attempted rape were recorded by [[police]] annually in 65 countries in 2011.<ref>[http://www.unodc.org/unodc/en/data-and-analysis/Eighth-United-Nations-Survey-on-Crime-Trends-and-the-Operations-of-Criminal-Justice-Systems.html The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (2001–2002)] – Table 02.08 Total recorded rapes. unodc.org</ref> In 2007, 40% of the 90,427 forcible rapes reported were cleared by arrest or "exceptional means." Exceptional means refers to situations where the person refuses to provide information or assistance necessary to obtain an arrest, the defendant dies before being arrested, or the defendant cannot be extradited from another state.<ref name="AAOJ">Bruce Gross [theforensicexaminer.com/archive/spring09/15/] False Rape Allegations: An Assault On Justice. The Forensic Examiner</ref>

Most rape research and reports of rape are limited to male-female forms of rape. Research on [[Male rape|male-on-male and female-on-male rape]] is rare. According to psychologist Dr. Sarah Crome, fewer than one in ten male-male rapes are reported. As a group, males who have been raped by either gender often get little services and support, and legal systems are often ill equipped to deal with this type of crime.<ref name=abc.net.au/> Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."<ref name="Denov"/> Due to these reasons, it is likely under-reported, with the probable cause being the double standard.<ref name="malesrapingfemales"/> A 2014 paper published by the [[American Psychological Association]] found the 43% of high school and young college men reported being coerced into sexual behavior and, of those, 95% reported that a female was the aggressor.<ref>French, Bryana H., Jasmine D. Tilghman, and Dominique A. Malebranche, "[http://www.apa.org/news/press/releases/2014/03/coerced-sex.aspx Sexual Coercion Context and Psychosocial Correlates Among Diverse Males]", [[University of Missouri]], ''[[Psychology of Men and Masculinity]]''; online March, 2014</ref>

==Prosecution==

===Reporting===

[[File:Bangalore protests following Delhi gang-rape (photo - Jim Ankan Deka).jpg|thumb|People in [[Bangalore]], [[India]] demanding justice for young student who was [[2012 Delhi gang rape case|gang-raped in Delhi]] in December 2012.]]

===Investigation===

{{Main|Rape investigation}}

Since the vast majority of rapes are committed by persons known to the victim, the initiation and process of a rape investigation depends much on the victim's willingness and ability to report and describe a rape. [[Biological evidence]] such as [[semen]], [[blood]], [[vaginal secretions]], [[saliva]], and vaginal [[epithelial cell]]s (typically collected by a [[rape kit]]) may be identified and genetically typed by a [[crime lab]]. The information derived from the analysis can often help determine whether sexual contact occurred, provide information regarding the circumstances of the incident, and be compared to reference samples collected from patients and suspects.<ref name="ncjrs"/>

===Conviction===

==False accusation==

{{Main|False accusation of rape}}

The largest and most rigorous study was commissioned by the British Home Office and based on 2,643 sexual assault cases (Kelly, Lovett, and Regan, 2005). Of these, 8% were classified by the police department as false reports. The researchers noted that some of these classifications were based simply on the personal judgments of the police investigators and were made in violation of official criteria for establishing a false allegation. Closer analysis of this category applying the Home Office counting rules for establishing a false allegation and excluding cases where the application of the cases where confirmation of the designation was uncertain reduced the percentage of false reports to 3%. The researchers concluded that "one cannot take all police designations at face value" and that "[t]here is an over-estimation of the scale of false allegations by both police officers and prosecutors." Moreover, they added:

{{quote|The interviews with police officers and complainants' responses show that despite the focus on victim care, a culture of suspicion remains within the police, even amongst some of those who are specialists in rape investigations. There is also a tendency to conflate false allegations with retractions and withdrawals, as if in all such cases no sexual assault occurred. This reproduces an investigative culture in which elements that might permit a designation of a false complaint are emphasized (later sections reveal how this also feeds into withdrawals and designation of 'insufficient evidence'), at the expense of a careful investigation, in which the evidence collected is evaluated.<ref>[http://www.homeoffice.gov.uk/rds/pdfs05/hors293.pdf A gap or a chasm? Attrition in reported rape cases] Home Office Research&nbsp;— February 2005{{dead link|date=August 2013}}</ref><ref name="Sexual assault: key issues"/>}}

FBI reports consistently put the number of "unfounded" rape accusations around 8%. The unfounded rate is higher for forcible rape than for any other Index crime. The average rate of unfounded reports for Index crimes is 2%.<ref>[https://web.archive.org/web/20110605081409/http://www.fbi.gov/ucr/Cius\_97/96CRIME/96crime2.pdf Crime Index Offenses Reported]. FBI.gov. 1996</ref> "Unfounded" is not synonymous with false allegation<ref>[http://www.oregonsatf.org/resources/docs/False\_Allegations.pdf False Allegations, Recantations, and Unfounding in the Context of Sexual Assault]. Attorney General's Sexual Assault Task Force Oregon, US January 10, 2008.</ref> and as Bruce Gross of the Forensic Examiner explains,

{{quote|This statistic is almost meaningless, as many of the jurisdictions from which the FBI collects data on crime use different definitions of, or criteria for, "unfounded." That is, a report of rape might be classified as unfounded (rather than as forcible rape) if the alleged victim did not try to fight off the suspect, if the alleged perpetrator did not use physical force or a weapon of some sort, if the alleged victim did not sustain any physical injuries, or if the alleged victim and the accused had a prior sexual relationship. Similarly, a report might be deemed unfounded if there is no physical evidence or too many inconsistencies between the accuser's statement and what evidence does exist. As such, although some unfounded cases of rape may be false or fabricated, not all unfounded cases are false.<ref name="AAOJ"/>}}

==History==

{{Main|History of rape}}

===Definitions and evolution of laws===

The word ''rape'' itself originates from the [[Latin]] verb ''[[wikt:rapere|rapere]]'': to seize or take by force. The word originally had no sexual connotation and is still used generically in English. The history of rape, and the alterations of its meaning, is complex. In [[Roman law]], rape, or ''raptus'' was classified as a form of ''crimen vis'', "crime of assault".<ref>[[Justinian]], ''Institutiones'' [http://www.constitution.org/sps/sps02\_j1-4.htm]</ref><ref>Adolf Berger, ''Encyclopedic Dictionary on Roman Law'', pp. 667 (''raptus'') and 768 (''vis'') [{{Google books |plainurl=yes |id=iklePELtR6QC }}]</ref> The concept of ''raptus'' was applied to the abduction of a woman against the will of the man under whose authority she lived, and sexual intercourse was not a necessary element.

[[Augustus]] Caesar enacted reforms for the crime of rape under the assault statute ''Lex Iulia de vi publica'', which bears his family name, ''Iulia''. It was under this statute rather than the adultery statute of ''Lex Iulia de adulteriis'' that Rome prosecuted this crime.<ref>James Fitzjames Stephen, ''A History of the Criminal Law of England'', p. 17 [{{Google books |plainurl=yes |id=jecTHASFYeUC }}]</ref>

Emperor [[Justinian]] confirmed the continued use of the statute to prosecute rape during the 6th century in the [[Eastern Roman Empire]].<ref>[[Justinian]] [http://www.constitution.org/sps/sps02\_j1-4.htm ''Institutiones'']</ref> By [[late antiquity]], the general term ''raptus'' had referred to abduction, elopement, robbery, or rape in its modern meaning. Confusion over the term led ecclesial commentators on the law to differentiate it into ''raptus seductionis'' (elopement without parental consent) and ''raptus violentiae'' (ravishment). Both of these forms of ''raptus'' had a civil penalty and possible excommunication for the family and village receiving the abducted woman, although ''raptus violentiae'' also incurred punishments of mutilation or death.<ref>[[Basil of Caesarea]], [http://www.ccel.org/ccel/schaff/npnf208.ix.cclxxi.html ''Letters''] circa 374 AD</ref>

The legal view of the concept of rape began changing gradually in the late Middle Ages. 12th century [[Decretum Gratiani|Codex of Gratian]] clearly distinguished between abduction and rape, and considered forced sexual intercourse a necessary element. By the mid-1500s, European courts began recognizing the concept of [[age of consent]], namely, that minors under a certain age, such as 12, would be incapable of consenting to intercourse.<ref name="Eckman" />

One of the most distinctive feature of rape historically was the fact that not all incidents of forced intercourse constituted this crime. An incident could be excluded from the definition of rape due to the relation between the parties, such as marriage (until a few decades ago wives were nearly universally excluded, and in many countries they continue to be so) or due to the background of the victim (in many cultures forced sex on prostitute, slave, war enemy, member of a [[racial minority]], etc., was not rape). For instance, in 17th century Scandinavia, Christian V's law of 1687 stipulated that rape could only be committed on three categories of women: somebody else's wife, a widow, or an honest [[virgin]]. Women who did not fit in any of these categories were not considered legal victims of the crime of rape.<ref>[http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf "Case Closed: Rape and Human Rights in Nordic countries"], [[Amnesty International]] report, [http://www.amnesty.org/en/library/info/ACT77/001/2010 8 March 2010]</ref>

Rape historically was understood as a very violent attack, the victim had to offer the utmost resistance; ''threats'' of violence, if accepted, had to be of a very severe nature. Other forms of non consensual intercourse, such as sex with a victim who cannot defend themselves, various forms of threats other than the most extreme threats of violence (even these were often not accepted by themselves in absence of physical resistance of the victim), or other forms of coercion or exploitation were not considered rape, and most often were not covered by other laws either (although the traditional crime of [[seduction]] could be applied in some circumstances, provided the victim was of "good morals").

In the [[United States]], the 1962 [[Model Penal Code]] defined rape as follows:<ref>[http://wps.prenhall.com/wps/media/objects/13023/13335893/downloadables/model\_penal\_code\_sel\_sec2.pdf Selected Model Penal Code Provisions], [[Fordham University]] School of Law, Fall 2009</ref> "A male who has sexual intercourse with a female not his wife is guilty of rape if:(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or (b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (c) the female is unconscious; or (d) the female is less than 10 years old."

Rape was classified as a felony in the second degree. If aggravated circumstances existed, which were defined as either inflicting serious bodily injury upon anyone, or when the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, then rape was a felony in the first degree.

===Social views and constructs===

The ''[[ius primae noctis]]'' ("law of the first night") is a term now popularly used to describe an alleged legal right allowing the lord of an estate to take the virginity of his [[serf]]s' maiden daughters. Little or no historical evidence has been unearthed from the Middle Ages to support the idea that such a right ever actually existed.<ref>[http://www.fibri.de/jus/arthbes.htm The jus primae noctis as a male power display: A review of historic sources with evolutionary interpretation]. Fibri.de (1996-10-30). Retrieved on 2011-10-01.</ref><ref>{{cite web|url=http://www.straightdope.com/classics/a5\_181.html|title=The Straight Dope: Did medieval lords have "right of the first night" with the local brides?|work=straightdope.com}}</ref>

The medieval theologian [[Thomas Aquinas]] argued that rape, though sinful, was much less sinful than [[masturbation]] or [[coitus interruptus]], because it fulfilled the procreative function of sex, while the other acts violated the purpose of sex.<ref>Alan Soble, ''Sexual Investigations'', NYU Press, 1998, p.10-11.</ref><ref>Vern L. Bullough, Bonnie Bullough, ''Human Sexuality: An Encyclopedia''</ref><ref>[[Daphne Hampson]], ''After Christianity''</ref><ref group=notes>Thomas Aquinas, ''Summa Theologica'', question 154. "...it follows that in this matter [the sin of unnatural vice] is gravest of all. After it comes incest... With regard to the other species of lust they imply a transgression merely of that which is determined by right reason, on the presupposition, however, of natural principles." Here, ''unnatural vice'' includes, in decreasing order of sinfulness, bestiality, homosexual intercourse, any unconventional form of heterosexual intercourse, and 'uncleanness' (masturbation). 'Other species of lust' include intercourse with a [[consecrated virgin]] or a [[nun]], rape, adultery, seduction of a virgin, and 'simple fornication' (consensual intercourse between unmarried people.)</ref>

Since the 1970s, many changes have occurred in the perception of sexual assault due in large part to the [[feminist movement]] and its public characterization of rape as a crime of power and control rather than purely of sex. In some countries the women's liberation movement of the 1970s created the first [[rape crisis center]]s. One of the first two rape crisis centers, the D.C. Rape Crisis Center, opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim. In 1960 law enforcement cited false reporting rates at 20%. By 1973 the statistics had dropped to 15%.

===War rape===

{{Main|War rape}}

In 1998, Judge [[Navanethem Pillay]] of the [[International Criminal Tribunal for Rwanda]] said:

{{Quote|From time immemorial, rape has been regarded as [[spoils of war]]. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war.<ref name="paulwalters"/>}}

[[File:Ángel DELLA Valle - La vuelta del malón - Google Art Project (cropped).jpg|thumb|''La vuelta del malón'' (The return of the raiders) by [[Ángel Della Valle]] (1892).]]

Wartime propaganda often alleges, and exaggerates, mistreatment of the civilian population by enemy forces and allegations of rape figure prominently in this. As a result, it is often very difficult, both practically and politically, to assemble an accurate view of what really happened.

[[File:Chinese girl from one of the Japanese Army's 'comfort battalions'.jpg|thumb|A young ethnic Chinese woman who was in one of the [[Imperial Japanese Army]]'s "comfort battalions" is interviewed by an [[Allies of World War II|Allied]] officer. August 1945, Rangoon, Burma.]]

In 1998, the [[International Criminal Tribunal for Rwanda]] found that systematic rape was used in the [[Rwandan genocide]]. The Tribunal held that "sexual assault [in Rwanda] formed an integral part of the process of destroying the [[Tutsi]] ethnic group and that the rape was systematic and had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to constitute genocide."<ref name="unreport"/> An estimated 500,000 women were raped during the 1994 [[Rwandan Genocide]].<ref name="Violence Against Women: Worldwide Statistics"/>

The [[Rome Statute of the International Criminal Court|Rome Statute]], which defines the jurisdiction of the [[International Criminal Court]], recognizes rape, sexual slavery, enforced [[prostitution]], [[forced pregnancy]], [[compulsory sterilization|enforced sterilization]], "or any other form of sexual violence of comparable gravity" as [[Crimes against humanity|crime against humanity]] if the action is part of a widespread or systematic practice.<ref name="Horton"/><ref name="untreaty"/>

Rape was first recognized as [[crime against humanity]] when the [[International Criminal Tribunal for the former Yugoslavia]] issued arrest warrants based on the [[Geneva Conventions]] and Violations of the Laws or Customs of War. Specifically, it was recognized that Muslim women in [[Foča]] (southeastern [[Bosnia and Herzegovina]]) were subjected to systematic and widespread gang rape, torture and enslavement by Bosnian Serb soldiers, policemen and members of paramilitary groups after the takeover of the city in April 1992.<ref name="autogenerated1"/> The indictment was of major legal significance and was the first time that sexual assaults were investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity.<ref name=autogenerated1 /> The indictment was confirmed by a 2001 verdict of the International Criminal Tribunal for the former Yugoslavia that rape and sexual enslavement are crimes against humanity. [[Amnesty International]] stated that the ruling challenged the widespread acceptance of the torture of women as an intrinsic part of war.<ref>[https://web.archive.org/web/20090907091105/http://asiapacific.amnesty.org/library/Index/ENGEUR630042001?open&of=ENG-BIH Bosnia-Herzegovina : Foca verdict – rape and sexual enslavement are crimes against humanity]. Amnesty International. 22 February 2001</ref>

===Rape as a punishment===

In parts of India, older men from dominant caste form unelected village councils called Khap panchayats. They set rules for social behavior and interaction in their area. [[Amnesty International]] reports they are known to order rape as punishment against women. Despite the Supreme Court of India ruling them illegal, they still exist in some states and their orders are carried out.<ref>{{cite web|url=https://www.amnesty.org.in/action/detail/appeal-cm-akhilesh-yadav-to-protect-the-dalit-sisters-at-risk-of-being-rape|title=Appeal CM Akhilesh Yadav to protect the Dalit sisters at risk of being raped and paraded naked - Amnesty International India|work=Amnesty International India}}</ref>

==See also==

{{Div col|colwidth=30em}}

\*[[Child grooming]]

\*[[Courtship disorder]]

\*[[Criminal transmission of HIV]]

\*[[Emergency contraception]] (the morning after pill)

\*[[Factors associated with being a victim of sexual violence]]

\*[[Sexual violence by intimate partners]]

\*[[Special Victims Unit]] (also known as the Sex Crimes Unit)

\*''[[Against Our Will]]''

\*''[[A Natural History of Rape]]''

{{Div col end}}

==Notes==

{{reflist|group=notes}}

==References==

{{Reflist|28em|refs=

<ref name="LaFave">''Rape&nbsp;— Overview; Act and Mental State'', Wayne R. LaFave Professor of Law, University of Illinois, "Substantive Criminal Law" 752-756 (3d ed. 2000)</ref>

<ref name="autogenerated1">[https://web.archive.org/web/20071127013306/http://www.haverford.edu/relg/sells/rape.html Rape as a Crime Against Humanity]. Haverford College</ref>

<ref name="ncjrs">[http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf A National Protocol for Sexual Assault Medical Forensic Examinations] National Criminal Justice Reference Service (NCJRS). September 2004</ref>

<ref name="paulwalters">[[Navanethem Pillay]] is quoted by Professor Paul Walters in his presentation of her honorary [[doctorate of law]], [[Rhodes University]], April 2005 [https://web.archive.org/web/20080227065852/http://www.ru.ac.za/academic/graduation/addresses\_and\_citations/2005/Judge\_Pillay\_citation.doc Judge Navanethem Pillay. Introduction by Professor Paul Walters, Public Orator] (doc file)</ref>

<ref name="unreport">Fourth Annual Report of the [[International Criminal Tribunal for Rwanda]] to the General Assembly (September 1999), accessed at [http://www.unictr.org/Portals/0/English%5CAnnualReports%5Ca-54-315.pdf].</ref>

<ref name="Abbey">Abbey, A., BeShears, R., Clinton-Sherrod, A. M., & McAuslan, P. (2004). Psychology of Women Quarterly, 28, 323–332.[http://www.hawaii.edu/hivandaids/Similarities\_And\_Differences\_In\_Women\_s\_Sexual\_Assault\_Experiences\_Based\_On\_Tactics.pdf "Similarities and differences in women's sexual assault experiences based on tactics used by the perpetrator"]. Retrieved 10 December 2007.</ref>

<ref name="Horton">As quoted by Guy Horton in ''[http://www.ibiblio.org/obl/docs3/Horton-2005.pdf Dying Alive – A Legal Assessment of Human Rights Violations in Burma]'' April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", p. 201. He references RSICC/C, Vol. 1, p. 360</ref>

<ref name="State Rape Reporting Requirements">[https://web.archive.org/web/20091207183000/http://www.ndaa.org/apri/programs/vawa/state\_rape\_reportings\_requirements.html State Rape Reporting Requirements]. NDAA's American Prosecutors Research Institute</ref>

}}

==Further reading==

{{refbegin}}

\* Freedman, Estelle B. (2013). ''Redefining Rape: Sexual Violence in the Era of Suffrage and Segregation.'' Cambridge, MA: Harvard University Press.

{{refend}}

==External links==

{{Wikiquote|Rape}}

{{Commons category}}

\* [http://devgan.in/ipc/?a=ipc&q=rape Indian Penal Code S.375 & S.376] (Mobile Friendly)

* {{Dmoz|Society/Crime/Sex\_Offenses/Rape}}

* {{Wikinews-inline|rape}}

{{sex}}

{{Sexual ethics}}

{{Violence against women/end}}

{{abuse}}

[[Category:Rape| ]]

[[Category:Gender-based violence]]

[[Category:Sex crimes]]

[[Category:Sexual abuse]]

[[Category:Violence against men]]

[[Category:Violence against women]]

[[Category:Violent crime]]