Rape

"Violation" (1961), painting of the Mozambican painter Malangatana Ngwenya.

Rape is a sexual offense that consists of forcing a person to have sexual intercourse without their consent. It is a common act of aggression in gender violence, committed mostly by people who have a very close relationship with the victims. European statistics show that 99% of people convicted of rape are male and 90% of the victims are female, while US statistics show that 76% of female victims were raped by their husbands, boyfriends or partners, and that most rapes are carried out without resorting to physical force or the threat of weapons.

In all modern countries it is considered a serious crime against sexual freedom, with different classifications depending on the country. The broader laws consider that there is rape when any type of penetration without consent is carried out, whether it is carried out with the penis, any part of the human body, or an object, both in the body of the victim and the aggressor, and whether the penetration is through the vagina, the anus or the mouth. The most restrictive laws consider that there is rape only when the penetration is carried out with the penis ("carnal access"), in the vagina or the anus, outside of marriage. Most of the laws maintain that for there to be rape there must be some type of violence or intimidation by the rapist, without the absence of consent being sufficient; a more recent trend considers that there is rape when penetration occurs without consent, even if there is no violence or intimidation. All laws consider that there is no consent when force, violence, intimidation, or any other means is used to annul the will of the victim. Likewise, all the laws consider that there is no legitimate consent, when it comes to minors of a certain age (generally close to puberty), mental incapacity, or people who are in a state of unconsciousness.

Feminist movements have questioned both the descriptions of the crime of rape and the way it is treated by the police and the judicial system, pointing to justifications, sentences and procedures that promote impunity for crimes and blame the victims. Based on these arguments, feminist movements denounce the existence of a "rape culture" protected by patriarchy, and promote self-awareness about inequality and sisterhood to change cultural patterns that sustain sexual violence. In several countries Anglo-Saxons procedural laws were enacted for cases of rape (rape shield laws) prohibiting the presentation of evidence referring to the sexual conduct of the victim, or the dissemination of their identity.

Due to the moral implications of the term, some countries, such as Argentina and several states in the United States, have eliminated the term “rape” from their criminal legislation, considering it as an aggravated form of crimes called sexual abuse, sexual assault or sexual assault, respectively.

In some cultures the crime of rape is punishable by castration, which is seen in many cases as a desirable punishment by society. More recently, some countries (some states in the United States, Russia, Poland, South Korea, Indonesia, Moldova and Estonia) use the so-called "chemical castration", temporary and reversible, both in the form of an imposed sentence and at the voluntary request of the convicted person.. In traditional penal codes it was common to find the figure of the marriage of the victim with her rapist, as a way of exculpating the crime.

Definition

The concept of rape differs considerably depending on the time and place, influenced by the greater or lesser strength of the patriarchal culture and the fight for human rights, feminism and children's rights. In most cultures, it emerged as a concept closely linked to the kidnapping of women, from which the word rape comes, with which the act is called in English. Initially, the kidnapping and rape of women was considered a right of men, with important patrimonial and reproductive consequences. Subsequently, the concept was redefined to protect the property of men and the fate of inheritance, as well as guarantee the virginity of women until marriage and the sexual exclusivity of married women, even against their will. From the recognition of human rights, the rise of feminism and children's rights, the concept of rape began to separate from its patriarchal roots, to evolve towards a radically different meaning and treatment:

• to be conduct against property, to be conduct against sexual liberty;
• of being a behavior that attacked only virgin and married women, to be a behavior that attacks all people (women regardless of their marital status or occupation, boys and girls, men and trans persons);
• to be a conduct that did not take into account the consent of the victims, to be a conduct that requires the lack of consent of the victims;
• of being a behavior limited to intercourse, to be a behavior that encompasses all types of penetration with sexual characteristics.
• of being a “private” act that “handled” the victim (“moral murder”), to be a “public” act that blames the rapist and increasingly harshly the sociocultural environment that facilitated rape.

Currently, with differences between countries, rape is a crime that is basically defined as non-consensual sexual penetration, with a visible tendency to progressively strip it of its patriarchal remnants, such as victim blaming, revictimization, mitigating figures, impunity mechanisms, etc. Since its origin, rape is part of the broader framework of gender violence, as one of its most serious expressions, and of the culture of rape, as the social environment and institution that promotes and facilitates gender violence and rape in particular.

Lack of consent is key to the definition of rape, consent is affirmative "informed approval, indicating freely given agreement" to sexual activity. It is not necessarily expressed verbally and can instead be openly involved in the actions, but the absence of objection does not constitute consent. Lack of consent may be due to forcible coercion on the part of the perpetrator or the inability to give consent on the part of the victim (such as people who are asleep, intoxicated or mentally compromised). Sexual relations with a person below the age of consent, that is, the age at which legal competence is established, is called rape.

Coercion is the situation in which the person, or someone close to the victim, is threatened with force or violence (Even blackmail and abuse of power can constitute coercion.) and may result in the absence of an objection to sexual activity, this may result in a presumption of consent.

Legal Vision

Currently the criminal types of rape have different configurations:

• Minors: Most of the legislation considers that there is a violation when the victim is a minor, even if he had consented to penetration. The age limit for this circumstance varies according to countries.
• Way of penetration: all laws require that there be sexual penetration to set up the crime of rape, but the way changes, from the most restricted to vaginal penetration, to the wider ones that also include anal and oral penetration.
• Means of penetration: the most restricted laws limit the means of penis penetration, while the wider ones include any part of the body or object.
• Class of penetration: the most restrictive legislation includes only the penetration of the victim, while the wider legislation also includes the penetration of the perpetrator.
• Consent of the older victim: the wider legislation considers that there is a violation when there is no free consent of the victim, while the most restricted require that there has also been use of this situation by the perpetrator, and in some situations they do not admit the victim's refusal, in cases such as marriage, prostitution, or "provocation".
• Agressor: Some laws consider that only men can commit rape, while the broader ones include aggressors of any kind.

History

The feminist movement #MeToo emerged in the centuryXXI to visualize and denounce the large number of rapes and sexual crimes committed against women, since ancient times.

The rape of women by men has been a widespread, legitimized and justified behavior in many cultures, from at least Neolithic times to the present. The kidnapping of women has even been considered a legitimate cause of marriage, in societies such as Ancient Rome, as described in the Rape of the Sabine Women and a large number of myths, legends and historical events that relate the practice of kidnapping and raping women. Slavery and servitude included the right of masters and lords to have sexual relations with their servants and slaves, even without their consent. In America, however, rape was an almost unknown phenomenon until the arrival of Europeans.

Until a relatively recent date there was no word to define the sexual penetration of a woman without consent. The first laws to criminalize rape did not arise to protect the sexual freedom of women, but the right of men to have sexual exclusivity with their wives, adopting the characteristic of a crime against property. The first laws punishing rape arose in England in 1285, but were not applied for centuries.

Around the 19th century there were already laws that punished rape, but with very light punishments or broad justifications when the violators they were relatively wealthy men. During the 19th and 20th centuries, the crime of rape had the characteristic of being silenced and hidden by the victims in many cases, due to a cultural and judicial environment of "blaming" and punishing the woman victim. Until recently, the institution of marriage justified marital rape and still does in some countries.

Feminism, especially from the recognition of the right to women's suffrage, has played a decisive role in the treatment of crime, framing it in a logic of domination defined by patriarchy and the culture of rape in modern societies, that works as a substratum of gender violence, redefining the crime of rape in many aspects.

European Neolithic

Several archaeological discoveries in Europe have revealed the existence of the abduction and rape of women in Neolithic European cultures, dating back at least 5000 years BC. C. These mass practices are also found in ancient texts such as the Bible and Greek and Roman mythologies.

Indigenous peoples of North America (United States)

Researcher Amy Casselman has concluded that rape and violence against women in North American cultures prior to the arrival of Europeans was unusual and their situation was radically different from that presented in Europe, Asia and Africa. There are almost no records of sexual violence in the Americas before the arrival of the Spanish, and in the rare cases where it did happen, indigenous nations resorted to tribal courts, where the victims sought punishment.

Old Age

Code of Hammurabi. There is the oldest criminal law punishing rape of virgins and wives, considering it an offence against the property of the father or the husband.

Until a relatively recent date, there was no word to define the sexual penetration of a woman without consent, since consent lacked a legal entity.

The oldest known law penalizing rape is found in the Code of Hammurabi (1750 BC), in Babylonia, although the objective of the law was not to protect the sexual freedom of women, but the exclusivity in access of the husband, placing the crime in the group of crimes against property. Hammurabi's Code forbade raping virgins and married women -in the latter case the crime was called adultery-; in the first case the penalty was the death of the rapist; in the second case, the penalty was the death of the rapist and the raped woman, but with the right of the husband to rescue the woman. There were no restrictions on raping other women, nor on raping wives. Around the same time, the Assyrians had a similar law, which punished the rape of a married woman, authorizing the victim's husband to rape the wife. rapist's wife

The ancient Hebrews also punished the rape of virgins and married women. If a virgin was raped within the city walls, both the rapist and the raped woman were sentenced to death. If the rape happened outside the city, the victim had to marry the rapist and he had to pay the price of her dowry to her father. If the rape was of a compromised virgin, the rapist was sentenced to death and the raped woman sold as a wife at a low price. If the raped woman was married, both the victim and the rapist were sentenced to death and her husband could not rescue her.

In Ancient Rome, rape, under the name of raptus, occupies an essential part of the legend of its existence. The founders of Rome, Romulus and Remus, were the result of the rape of their mother Rhea Silvia by the god Mars. Subsequently, the kidnapping of the Sabine women was what allowed the city to be populated. Ultimately, the rape of Lucretia ended the monarchy to make way for the Roman Republic.

During the Roman monarchy, raptus was considered a crime under the Lex Julia, typifying it within the Law of the XII Tables in the section dedicated to iniuria , punishing himself with the death penalty that could only be avoided with the exile of the perpetrator of the crime and the confiscation of all his assets. The purpose of the law was to protect the exclusivity of sexual access for the husband, current or future.

In imperial Rome, raptus occupied an important place in sexual life, it was run over without shame and it was considered that the forced individual derived pleasure from it. The model of Roman sexuality was the master's relationship with his subordinates (wife, pages, slaves), that is, submission.
Female consent was totally ignored or presupposed. In sexual morality the opposition was to submit/to be submitted. Subduing was laudable, being subdued was shameful only if you were a free adult male. Whether you were a woman or a slave was natural.

Roman law evolved into a partial recognition of women's sexual rights. The crime of abduction was defined as “forced kidnapping” or “forced sex”, for the first time taking into consideration the consent of the woman. In the VI century, Justinian reconfigured the crime of raptus, considering it both a patrimonial crime against the husband and sexual violence against the woman, whether she was married, single, a nun or a widow, but authorizing rape when it came to prostitutes. At this stage, Ancient Rome penalized the husband's sexual relationship without the wife's consent, a conduct that Western society would later authorize again under the figure of conjugal debt.

In Ancient China, criminal law contemplated the crime of "fornication" (jian), but made a distinction depending on whether or not the married woman consented to have sexual relations with a man who was not her husband. husband: when there was “consensual fornication” (hejian) the crime was less serious, but when there was “forced fornication” (qiangjian), it was considered a particularly serious crime.

Middle Ages

In the European Middle Ages, rape along with other kinds of transgressions of a sexual nature were severely punished in Europe, and have been punishable since the century XI to the XVI century as the crime of force or the strength of a woman, which is why medieval writings deal with rape by mentioning facts such as he knew her by force. In the Middle Ages, the aspect according to which the crime of rape would be configured was not consent, but the honor of the woman, which is why it was very common for rapes to be committed against cohabiting women, prostitutes or servants. went unpunished and the violations committed by people of privileged social classes against women of low and unprotected social classes were very common, such as maids who were helpless from justice, far from their homes and families and in a state of total submission and dependence to the bosses.

Precisely in the Middle Ages, a legal figure known as the seigneur's right appeared (in medieval Vulgar Latin, Ius primae noctis, which in Spanish means The right of the first night). It was, theoretically, a tacit feudal right that established the seigneurial authority to have sexual relations with every maiden, a servant of her feud, on the first night when she was going to marry another of his servants. This gave her serf certain rights, such as hunting in the fields belonging to the feudal lord. This right is considered to have been in force during part of the Western European Middle Ages (although there are parallels in other parts of the world) as a component of the feudal mode of production. It supposed, therefore, the possibility of a legal violation of any woman of the vassalage. This led to numerous conflicts and brawls, and this has been echoed in literature such as the work Fuenteovejuna by Lope de Vega and in La catedral del mar by Ildefonso Falcones, or cinema, with the film Braveheart by Mel Gibson.

The punishments for the crime of rape committed during the Middle Ages varied according to the circumstances under which the rape was committed, such as trespassing, the existence of deceit that would be considered a violent rape and subjection through the use of physical violence. One of the punishments for rape and considered the lesser evil for the victim was that the rapist marry her victim, being forced to find a husband for his victim if she flatly refused to marry him. This form of punishment was not as unreasonable as it might seem, since it meant that rapists who had large fortunes had to share them with their victims, which would lead to a great decrease in their assets, such as the case of Catalina, servant of the teacher Pedro, who in 1488 forgave his brother for sexually forcing her on the condition that he marry her.

In the High Middle Ages, the crime of rape was defined as a procedure that the victim had to follow in order to be able to accuse her condition. The procedure that the victim had to follow was to scratch his face as a sign of his pain, present the respective complaint before the Courts of Justice within three days of the crime being committed, to declare the fact to as many people as he could find. step and submit to the expertise of the midwives or midwives to verify their case.

Within the canon law of the Middle Ages, consent was not considered, but rather the existence of a woman's virginity, and rape could only be considered when the woman had been deflowered, a fact that was typified under the title of stuprum violentum or in the case of a married woman who had been attacked by a man other than her husband.

In the Siete Partidas of Alfonso X of Castilla, it is considered that if the rape is proven in court, the aggressor must be sentenced to death and all his property confiscated and delivered to the victim. In the event that the victim agrees to marry her rapist, the assets would pass to her parents if she does not consent to the marriage. If it is shown that the parents consented in some way to the aggression, they would go to the King, discounting the part of the dowry and the earnest money. This penalty would be applied in the case of so-called "honest" women. If the victim were not considered as such, it would be the judge who would decide the sentence based on the circumstances of the crime.

Modern Age

In the Modern Age the crime of rape was typified according to legal principles born mainly from the French Revolution, as well as the Declaration of the Rights of Man and of the Citizen, which configure the crime of rape and its penalty, having as legally protected object the freedom of people regarding their sexual self-determination, being shared by several treatise writers this affirmation, such as Norberto Bobbio, Diez Ripolles, Miguel Bajo Fernández and Caro Coria, mentioning that sexual freedom exists in a double positive and negative sense, being positive in the case of a person's free determination to make use of their body and sexuality, as well as the negative aspect, that is, the aspect of refusing to perform and not tolerating sexual acts. The penalty for the crime of rape has been prescribed in accordance with the principles of nascent human rights, under the premise of constitutionalism and the purposes of the penalty. These principles would later be adapted to the nascent penal codes of the new states, being subsequently incorporated into the Penal Code of Spain and the penal codes of the American States.

Many writers have tried to find a basis for the criminal behavior of rapists on the basis of criminology, establishing guidelines and studies on them, such as the studies by Cesare Lombroso, which would be a starting point for a broad debate about of rape and the people who commit this crime.

Rape as a war crime

Throughout history, there have been cases of mass rape of women in situations of armed conflict, or war rape, which has been considered a war crime, despite having said act went unpunished. This crime is driven by hatred, fanaticism and sometimes revenge, and it is done seeking the most humiliating and painful damage to the victim, for which her cruelty is maximum.

Scene of a rape, by Utagawa Kuniyoshi.

In World War II this crime reached its highest level of expression. This is how the rape of many women by Nazi troops is known, especially in their advance towards eastern Europe, although there were also cases in France, Belgium and the Netherlands.

Subsequently, two million German women were raped by Soviet soldiers as they advanced through Nazi Germany, of whom a tenth were later murdered. Of the total, 1,400,000 victims were from the eastern provinces, 500,000 from the Russian occupation zone in Germany and the remaining 100,000 in the capital, Berlin, where there was more cruelty in the days after the conquest, raping the same woman up to 70 times.

In Hungary there were similar attacks; Thus, in Budapest some 50,000 women were raped by the Russians. Paradoxically, they were also victims of rape by Russian soldiers, women from the same country who had previously been enslaved by the Nazis and who anxiously awaited their liberation, which was in many cases worse than their previous situation. The violations were also repeated in countries such as Bulgaria, Czechoslovakia, Poland or Yugoslavia.

In the war in Asia, Korean, Chinese and Filipino women also suffered the consequences, who were repeatedly raped by Japanese troops, often turned into sex slaves (comfort women). The Chinese government is still demanding financial compensation for the victims of the Japanese invasion.

In subsequent wars, cases of rape of women have occurred again, such as those perpetrated by United States soldiers in Vietnam during the 1958-1975 war. In the 1990s, there were numerous cases of rape in the wars of Croatia and Bosnia-Herzegovina, in the latter country it is estimated that 20,000 women were raped by the Serbs. Unfortunately, in recent cases the aggressors have also gone unpunished.

During the Rwandan Genocide, in the spring of 1994, the rape of women was also used as a form of collective punishment against the civilian population, with the aim of instilling terror in them. Two years later, the special rapporteur of the UN Commission on Human Rights estimated that between 250,000 and 500,000 rapes had been committed during those months. According to Amnesty International:

"Many of the victims were raped in the barricades erected by the interahamwe youth militias or were held as sexual prisoners in exchange for temporary protection against the army and the aforementioned militias. The Rwandan Patriotic Army also committed sexual abuse and other acts of violence during its military advancement – sometimes as a retaliation against the Hutu population – as well as in the months and years after the genocide. Members of the Rwandan Defence Forces (the current Rwandan army), security forces and unpaid militias continue to commit sexual violence and force women to marriage. The vast majority of crimes of sexual violence have been unpunished. Such crimes occur in a context in which discrimination and violence against women is a constant, especially with regard to customary law."

The psychological trauma that men also suffer as perpetrators or as witnesses of sexual violence in cases in which they are forced to commit rape during armed conflicts, often by order of their superiors, is generally underestimated. It is also traumatic when they are forced to witness rapes committed by others.

In a 2011 report, the United Nations expressed concern about the high incidence of rape against children during armed conflicts in Burundi, Chad, the Ivory Coast, Haiti, the Central African Republic, the Democratic Republic of the Congo, Somalia and the Sudan.

Rape in Islamic countries

Islamic countries have a sui generis position regarding rape and sexual crimes in general, although these countries differ in certain aspects regarding the punishment and penalties for rape. Such is the case in Algeria where abortion is legal, if it has been caused by rape.

In general within Muslim culture, rape is a crime that is considered as such when a man has raped a woman, married or unemancipated virgin, as long as the woman has been complying with social norms, such as the use of the hijab (veil), being accompanied by a male person who is generally her father or her husband. The possibility of Muslim women additionally wearing an eyepatch to prevent stares from men who might consider those glances as consent was even discussed.

Within the traditional judicial system of Muslim countries, it is the woman who must prove her innocence in a case of rape, the fact that she is the victim of the crime being irrelevant. The system requires that the woman prove her innocence by presenting four eyewitnesses to the fact.

Rape within the judicial system of Islamic countries is punishable by stoning the man who is proven to have raped a married woman or unemancipated virgin, also applying punishment to the woman considered guilty of having incited the man to rape her, which can range from flogging to stoning. It can be seen that within the judicial system of Islam, rape is not punished as the act itself, as it is known in the West, but rather as a punishment for a figure that resembles adultery.

Rape in Catholic countries

In Catholic countries, religion affects the way rape and sexual crimes are treated in general. In many of them, such as Peru, the woman who is the victim of rape does not have the right to an abortion if she becomes pregnant by her rapist.

Traditionally in Catholic culture, rape is a crime that is considered as such when a man has "carnal access" with a woman, with whom he is not in a married relationship, using violence. has revealed that the Catholic Church has allowed, tolerated or covered up the rapes of children and nuns by priests.

Effects

Rape can generate a variety of symptoms, both physical and psychological, the world health organization describes the following consequences of sexual abuse:

• Gynecological disorders
• Reproductive disorders
• Sexual disorder
• sterility
• Pelvic inflammatory disease
• Complications of pregnancy
• Spontaneous abortion
• Sexual dysfunction
• Acquiring sexually transmitted infections, including HIV/AIDS
• Mortality of injury
• Increased risk of suicide
• Depression
• Chronic pain
• Psychosomatic disorders
• Unsafe abortion
• Undesirable pregnancy

Emotional and psychological

During the assault, a person will respond with fight, flight, freeze, or fail, most victims respond by "freezing" or by complying and cooperating during the rape. Dissociation can occur during the assault and after the rape, they may feel uncomfortable/frustrated and not understand their reactions. Memories can be fragmented, especially immediately afterwards, and can be consolidated over time and sleep. A man or boy who is raped may be stimulated and even ejaculate during the experience of rape. rape and a woman or girl may orgasm during a sexual assault, this can become a source of shame and confusion for the victimized along with those around them.

Often, victims may not acknowledge that what happened to them was rape, some may remain in denial for years. Confusion about whether or not their experience constitutes rape is typical, especially for women victims of psychologically coerced rape. Women may not identify their victimization as rape for many reasons, including feelings of shame, inconsistent legal definitions, reluctance to define a friend/partner as a rapist, or because they have internalized victim-blaming attitudes.

Symptoms of trauma may not manifest until years after the sexual assault occurred, the survivor may react outwardly in a wide range of ways, from expressive to closed off; Common emotions include anguish, anxiety, shame, disgust, helplessness, and guilt. In the weeks following the rape, the survivor may develop symptoms of post-traumatic stress syndrome and a wide range of psychosomatic symptoms, including re-experiencing the rape, avoiding things associated with the rape, numbness, and increased anxiety and startle response. The likelihood of sustained severe symptoms is greater if the person was confined or restrained by the rapist, if the raped person believed the rapist would kill them, if the raped person was very young or very old, and if the rapist was someone they knew. The likelihood of sustained severe symptoms is also higher if those around the survivor ignore the rape or blame the rape survivor.

Most people recover from rape within three to four months, but many have persistent post-traumatic stress syndrome that can manifest as anxiety, depression, substance abuse, irritability, anger, flashbacks, or nightmares. Additionally, rape survivors may have long-term generalized anxiety disorder, may develop one or more specific phobias, are at increased risk of suicide, major depressive disorder, and may experience difficulties resuming their social lives and sexual functioning.. Men experience similar psychological effects of being raped, but are less likely to seek counseling. Another effect of rape and sexual assault is the stress created in those who study rape or counsel survivors, this is called vicarious traumatization.

Physical

Physical injuries resulting from rape can include injuries to the anus or genitals, such as a tear at the top of the vagina, and injuries to other parts of the body, such as bruises, bruises, cuts, and scratches. Injuries to the genital areas may include swelling, lacerations, and bruising. Common genital injuries are anal injuries, labial abrasions, hymenal bruising, and crotch tears. Genital injuries are more common in postmenopausal women and preteen girls. Genital lesions of children who have been raped or sexually assaulted differ in that the abuse may continue or have occurred in the past after the lesions have healed. Scarring is a sign of child sexual abuse.

Several studies have explored the association between skin color and genital lesions among rape victims. Many studies found a difference in rape-related injuries based on different ethnic groups, with more injuries reported for white women and men than for black women and men. This may be because the dark skin color of some victims obscures the bruises.

Rape can also have long-term effects on physical health, with scientific evidence suggesting that rape increases the risk of developing asthma, irritable bowel syndrome, frequent headaches, and chronic pain. Some physical effects of rape are not they are immediately apparent. Follow-up exams also evaluate the patient for tension headaches, fatigue, sleep pattern disturbances, gastrointestinal irritability, chronic pelvic pain, menstrual pain or irregularity, pelvic inflammatory disease, sexual dysfunction, premenstrual discomfort, fibromyalgia, vaginal discharge, vaginal itching, burning with urination, and generalized vaginal pain.

The risk of sleep difficulties and general poor health is also increased. The psychological effects of rape are often more devastating than the physical ones. Those who have been sexually assaulted but have no physical trauma may be less inclined to report to authorities or seek medical attention.

Sexually Transmitted Infections

Some of the sexually transmitted diseases that can be contracted after rape are vaginitis, gonorrhea, trichomoniasis, chlamydia, and hepatitis B. Those who have been raped have relatively more reproductive tract infections than those who have not been raped. HIV can be transmitted through rape, acquiring AIDS through rape puts people at greater risk of suffering psychological problems as well as leading to behaviors that create a risk of using drugs. The belief that having sex with a virgin can cure HIV/AIDS exists in parts of Africa, this leads to the rape of girls and women, and their subsequent contagion.

Although penetrative rape usually does not involve the use of a condom, in some cases a condom is used. The use of condoms significantly reduces the probability of pregnancy and the transmission of diseases, both to the victim and to the rapist. Reasons for using condoms include: to avoid contracting infection or disease, especially in cases of rape by sex workers or in gang rapes; remove evidence, making prosecution difficult; giving the appearance of consent in cases of rape by an acquaintance; concern for the victim is generally not considered a factor.

Violence and blame

In many cultures, rape victims are at risk of serious violence committed by their families or communities, including honor killings. In many parts of the world, women who have been raped are considered to have brought "disgrace" or "shame" on their families. This is especially the case if the victim becomes pregnant. Rape victims are killed by their families because they are accused of "having dishonored the family". In countries where adultery and premarital sex are illegal, rape victims can be prosecuted under these laws, if there is not enough evidence to prove the rape. Violence can also be perpetrated by the rapist, friends or relatives of the rapist, the intention may be to prevent the victim from reporting the rape or to punish the victim for reporting.

People who have been raped or sexually assaulted are sometimes blamed and held responsible for the crime, it is often emphasized that certain victim behaviors (such as being intoxicated, flirting, or wearing sexually provocative clothing) may encourage rape. In many cases, victims are said to have "asked for it" because they did not resist the assault or violate female gender expectations. A global survey on attitudes towards sexual violence conducted by the World Forum for Research in Health shows that victim-blaming concepts are accepted, at least partially, in many countries. Women who have been raped are sometimes considered to have behaved inappropriately. Typically, these are cultures where there is a significant social divide between the freedoms and status accorded to men and women.

Unwanted pregnancy and unsafe abortion

Unwanted pregnancies resulting from non-consensual sex are higher than they should be, considering that there is a safe and effective method of preventing pregnancy after rape: emergency contraception. Unfortunately, this resource is not available in many regions, because policy makers and programs in many countries have not officially endorsed it because they confuse this contraceptive method with an abortion method.

Faced with an unwanted pregnancy, the consequences on women's health are indirect, the most serious being derived from the induced abortion that women resort to to try to avoid an unwanted pregnancy, and which is carried out in clandestine conditions and insecurity. The most common immediate complications of unsafe abortion are perforation of the uterus, bleeding, and infection. In the medium term, infertility is a frequent sequel. When an abortion is performed in unsafe conditions and the woman with complications does not have access to timely and good quality care, the risk of dying is very high.

When accompanied by feelings of guilt and carried out under traumatic conditions, induced abortion also has psychological consequences such as depression, anxiety and fear. However, the continuation of an unwanted pregnancy and the experience of being a mother against will also often have serious emotional consequences. Faced with an unwanted pregnancy, a woman may resort to suicide.

Reasons

The world health organization states that the main factors that lead to the perpetration of sexual violence against women, including rape, are:

• Beliefs in family honor and sexual purity.
• Attitudes of male sexual law.
• Weak legal sanctions for sexual violence.

The underlying motives of rapists can be multifaceted, several factors have been proposed: anger, power, sadism, sexual gratification, or evolutionary tendencies. American clinical psychologist David Lisak, co-author of a 2002 study on nonviolent rapists He says that compared to non-rapists, both undetected and convicted rapists are notably more angry with women and more motivated by the desire to dominate and control them, are more impulsive, uninhibited, antisocial, hypermasculine, and less empaths.

Studies have shown that men consistently perceive women's actions as more sexual than they intended. Also, the 'no' verbalized to sex can be interpreted as 'keep trying', or even as 'yes'. by aggressors. Sexual assault is often considered a characteristic of masculinity in some groups of men and is significantly correlated with the desire for higher esteem among peers.

Factors operating in the social sphere and influencing sexual violence include national laws and policies relating to gender equality in general and intimate partner violence and sexual violence in particular, and norms that refer to the use of violence. Many countries do not have good rape laws, and even in countries with the best laws, the conviction rate for sexual violence is minimal.

Education

The relationship between a person's level of education and sexual violence is complex. A low educational level is, however, the factor most consistently associated with the perpetration and suffering of these types of violence. Studies have found that men with a low level of education commit acts of intimate partner violence 1.2 to 4.1 times more frequently than men with more education. A low level of education decreases the contact that women have with existing resources and their access to them, increases the acceptance of violence and maintains the disparity of gender norms, which are transmitted through generations.

Poverty

Studies from a wide variety of settings reveal that sexual violence cuts across all socioeconomic groups, but that women living in poverty are disproportionately affected. Poor women and girls, in the course of their daily tasks, may be at greater risk of rape than better-off women, for example walking home alone late at night, working in the fields or collect firewood alone. It can also happen that the boys and girls are working and therefore are vulnerable to sexual exploitation. Poverty forces many women and girls into occupations that carry a relatively high risk of sexual violence, especially sex work. In the same way, poverty puts enormous pressures on women to find and keep a job, and, if they study, to get good grades; all of these situations make them more vulnerable to sexual coercion by those who can promise help in those circumstances.

Crime

Sexually aggressive behavior among young men has been correlated with gang or group membership, as well as fellow offenders. Sex trafficking and cybersex trafficking perpetrators enable or carry out rape for financial gain and/or sexual gratification. Rape pornography, including child pornography, is created for profit and other reasons.

Exposure to child abuse

An element cited constantly in all countries as a risk factor for being a victim or committing an act of sexual violence is child abuse. A well-conducted systematic review summarizing data from ten studies found that exposure to violence during childhood increased men's likelihood of committing intimate partner violence by three to four times, compared with men who They had not suffered any type of child abuse. Several primary studies in low- and middle-income countries found that exposure to violence during childhood (particularly parental violence and sexual abuse) was positively correlated with being a victim of peer-inflicted violence. the couple and sexual violence in women.

Antisocial personality

Several studies have examined personality characteristics and their relationship to the use of intimate partner violence and sexual violence. Three descriptive studies reported a consistent association of antisocial personality disorders and related characteristics (such as impulsiveness and lack of empathy) with the use of intimate partner violence or sexual violence. These studies indicate that offenders with these characteristics are more likely to disregard social norms and tend to be violent and impulsive, even committing these forms of violence.

Harmful use of alcohol and drugs

Harmful use of alcohol and illicit drugs are frequently cited as risk factors associated with engaging in or being a victim of sexual violence. Although several studies have highlighted an association between intimate partner violence or sexual violence and illicit drug use, most scientific reports have focused on the relationship between harmful alcohol use and these forms of violence. Alcohol has a psychopharmacological effect of lowering inhibitions, clouding judgment, and impairing the ability to interpret cues. However, the biological links between alcohol and violence are complex.

Multiple couples

Men who say they have had multiple sexual partners are also more likely to commit acts of intimate partner violence or sexual violence. Likewise, multiple partners and infidelity showed a strong association with the exercise and suffering of intimate partner violence. It is thought that these men may seek multiple sexual partners as a source of peer acceptance and self-esteem and relate to their partners impersonally, without creating appropriate affective bonds.

Social and cultural

Various gender role stereotypes may play a role in rationalizing rape. These include the idea that power is reserved for men, while women are intended for sex and objectified, that women want forced sex, and that male sexual urges and behaviors are uncontrollable and must be indulged. One of the most current theories that explain the exercise or suffering of intimate partner violence or sexual violence is the maintenance of patriarchy or male predominance in a society. Social gender norms are believed to foster violence against women and gender inequality and other injustices by establishing power hierarchies in which society perceives men as economically and religiously superior and attributes them a higher social position compared to women, whom he sometimes considers a burden. Thus, men are socialized in such a way that they believe that they are superior to women, and that they must dominate their partners and assume traditional gender roles. So the subordination and submission of women is considered normal, expected, accepted, and in some cases attractive to men.

These belief systems leave women very few legitimate alternatives to refusing sexual advances. In this way, many men simply exclude the possibility that a woman may reject her sexual advances or that she has the right to make an autonomous decision about her participation in a sexual relationship. In many cultures, women and also men consider that marriage entails an obligation of almost unlimited availability of women for sexual relations, which can lead to marital rape, which is much more difficult to punish. In societies where the ideology of male superiority is entrenched and importance is attached to male dominance, strength and honor, rape is more common.

War

In countries where there is a culture of violence or where violent conflict is taking place, other forms of violence, including sexual violence, are on the rise. Gang rape and mass rape are often used as a means of male bonding. This is particularly evident among soldiers, as gang rape accounts for around three quarters or more of war rapes, while gang rape accounts for less than a quarter of peacetime rapes. Commanders sometimes push recruits to rape, as committing rape can be taboo and illegal, and therefore builds loyalty among those involved. Rebel groups that have recruited by force rather than voluntary recruits are more involved in rape, as recruits are believed to start out with less loyalty to the group.

Marriage

Marriage is often used to legitimize a variety of forms of sexual violence against women. Marital rape is a non-consensual sexual relationship in which the perpetrator is the spouse of the victim. Once widely accepted or ignored by law, marital rape is now denounced by international conventions and increasingly criminalized. Even so, in many countries, marital rape remains legal or is illegal, but it is widely tolerated and accepted as the prerogative of the husband.

The custom of marrying young children, particularly girls, is found in many parts of the world. Child marriage is legal in many countries and is a form of sexual violence, as the children involved cannot give or withhold consent. Most of them know little or nothing about sex before they get married and their first sexual encounters are often forced.

Corrective Violation

Corrective rape is committed against lesbian, gay, bisexual, or transgender people, or people perceived as such, often family members, for the purported purpose of changing the victim's sexual orientation, gender identity, or expression.

Pornography

Several studies carried out prior to the massification of the Internet have indicated that exposure to media treatment of sexual assault would be linked to acceptance of rape myths and less compassion for the victim. Along the same lines, prolonged exposure to pornographic material would be associated with a greater acceptance of violence against women. A meta-analysis in which 22 studies corresponding to data obtained from research in seven countries were analyzed, aimed to observe the potential relationship between the consumption of pornography and sexual assault, the results of this meta-analysis indicate that "there is little doubt of that, on average, individuals who consume pornography are more likely (and frequently) to have attitudes conducive to sexual assault and more likely to engage in sexually aggressive acts compared to individuals who do not consume pornography or who consume it less frequently."

Evolutionary Theories

Sociobiological theories of rape are theories that explore to what extent, if any, evolutionary adaptations influence the psychology of rapists. Such theories are highly controversial, as traditional theories generally do not consider rape to be a behavioral adaptation. Some oppose such theories for ethical, religious, political, and scientific reasons. Others argue that a correct knowledge of the causes of rape is necessary to develop effective preventive measures. Thornhill and Palmer write that "In short, a man can have many children, with little inconvenience to himself; a woman can have only a few and with great effort. Therefore, females tend to be selective with their sexual partners, so rape could be a reproductive strategy for males.

Criminological profiles

Regarding the profiles of people who commit rape, approximately 80% to 90% have full use of their faculties and do not show signs of alienation, although they present abnormalities in their white matter that impair their connectivity. Approximately 70% have personality disorders, while the remaining 30% of people do not have any visible disorder. Only a small percentage of the cases in which the active subject suffers from a personality disorder have alienating psychotic characteristics, the vast majority of these cases are legally unimpeachable.

Treatment

After the rape, the victim must go as soon as possible to report it to the competent authorities or to a medical center, the first medical response to sexual assault is a complete evaluation, the medical personnel involved must be trained to evaluate and treat the people attacked or follow the protocols established to guarantee privacy and the best treatment practices. Informed consent is always required before treatment unless the assaulted person is unconscious, intoxicated, or lacking the mental capacity to consent. Priorities governing physical examination are treatment of serious, life-threatening emergencies and then a general and complete evaluation. Some physical injuries are easily evident, such as bites, broken teeth, swelling, bruising, lacerations and scratches. In more violent cases, the victim may need to have gunshot or stab wounds treated.

After general evaluation and treatment of serious injuries, further evaluation may include the use of additional diagnostic tests, such as X-rays, CT or MRI imaging, and blood tests. The presence of infection is determined by taking samples of body fluids from the mouth, throat, vagina, perineum, and anus.

Once physical injuries are addressed and treatment has begun, forensic examination along with collection of evidence that can be used to identify and document injuries, staff may request photographs of injuries. Such evidence collection is only done with the full consent of the patient or the patient's caregivers. At this point in treatment, if a victim advocate has not previously been requested, experienced social support personnel are made available to the patient and family.

Sexually Transmitted Diseases

The presence of a sexually acquired infection cannot be detected until 72 hours later, the person who was raped may already have a sexually transmitted infection and, if diagnosed, it is treated. Treatment can be done prophylactic antibiotic for vaginitis, gonorrhea, trichomoniasis, and chlamydia. Immunization against hepatitis B is often considered. After prophylactic treatment is started, further testing is done to determine what other treatments may be needed for other infections transmitted during the assault. Routine treatment for HIV after rape or sexual assault is controversial due to the low risk of infection after sexual assault and prophylactic treatment for HIV is not necessarily given.

Unwanted pregnancy

The World Health Organization recommends providing prompt access to emergency contraceptive medication that can significantly reduce the risk of an unintended pregnancy if used within 5 days of the rape; it is estimated that around 5 % of rapes between men and women result in pregnancy. When rape results in pregnancy, abortion pills can be used safely and effectively to terminate a pregnancy up to 10 weeks after the last menstrual period.

Psychological

Psychiatric and emotional consequences may manifest immediately after the rape and may need to be treated very early, although other disorders may not become apparent until some time after the rape. The victim often seeks treatment professional and ongoing by trained health care providers, and can sometimes be helped through a hotline, counseling, or shelters.

Short-term treatment with a benzodiazepine can help with anxiety (although caution is advised with the use of these drugs, as people can become addicted and develop withdrawal symptoms after regular use), and antidepressants can be useful for symptoms of post-traumatic stress disorder, depression and panic attacks.

A perpetrator found guilty by the court is often required to receive psychological treatment, which is intended to identify predictors of recidivism. In some cases, neurological abnormalities have been identified in the perpetrators or they themselves have experienced trauma in the past. Teenagers and other children can be the perpetrators of rape, although this is rare. In this case, appropriate counseling and assessment usually takes place.

Legal procedure

When a sexual violation has been committed, evidence is collected in order to have sufficient evidence. The most important procedure is the forensic medical examination performed on the victim's body. If the patient or caregivers (usually parents) agree, the medical team uses samples and standardized tests, often called kits. of forensic evidence or "rape kit". The sooner samples are obtained after the assault, the more likely it is that evidence will be present in the sample and provide valid results.

Before the full body and genital examination, the patient is asked to undress, standing on a white sheet that collects any debris that may be on the clothing. The clothing and sheet are properly bagged and labeled along with other samples that can be removed from the patient's body or clothing. Samples of fibers, mud, hair or leaves, if any, are collected. Fluid samples are collected to determine the presence of saliva and semen from the perpetrator that may be present in the patient's mouth, vagina, or rectum. Sometimes the victim has scratched the perpetrator in defense and fingernail scrapings may be collected.

It begins first with the non-sexual parts of the body, continuing to the external sexual organs and later the internal sexual organs are examined. Delicacy and discretion during the examination are important because they can reassure victims due to the stress caused after suffering the crime.

The medical examination is carried out in order to obtain evidence of the victim's body. A soft-bristled brush is used to comb the pubic area, as well as other parts of the body where there may be evidence of the criminal act, such as pubic hair or semen. If traces of semen are found, they must be extracted with swabs and deposited in a test tube. Semen is an alkaline substance that sticks to surfaces, taking the shape of a world map, that is, substantial in the center and its volume decreases towards the ends, as well as being a fast-drying substance - when it dries it acquires a bright cream color that can be detected. If the test is not performed immediately, semen or body fluid samples are taken from the place where they were obtained - taking care not to touch them as they may become contaminated. If the fluid samples are found in a piece of clothing, the part is cut out, although if it has been found in a sheet it is preferable to examine it in its entirety.^{[citation required]}

Although medical personnel are not technically part of the legal system, only trained medical personnel can obtain evidence that is admissible during a trial. Evidence is collected, signed, and locked away in a secure location to ensure legal evidence procedures are upheld. This carefully monitored procedure of collecting and preserving evidence is known as the chain of evidence. Maintaining the chain of evidence from medical examination, testing, and tissue sampling from its source of collection to court allows sample collection results to be admissible as evidence.

DNA Evidence

DNA evidence is a type of physical and scientific evidence used in the investigation and prosecution of crime rape. DNA evidence in semen, hair, or blood can identify suspects in sexual assault investigations.

False accusation

A false accusation of rape is when a person claims that they have been raped but no rape has occurred. It is difficult to assess the true prevalence of false rape accusations, but scholars generally agree that rape accusations are false between 2% and 10% of the time. An accuser may have various motivations for making the claim falsely that he has been raped. There is disagreement about how many different categories can be placed. Some authors classify them into three: revenge, producing an alibi or getting sympathy/attention. The penalty for false accusation varies by country, in the UK people suspected of making a false accusation of rape can be charged with the civil offense of "losing the time of the police" or the criminal offense of "perverting the course of justice".

Prevention

Since sexual violence affects all sectors of society, the response to sexual violence is comprehensive. Responses can be categorized as individual approaches, health care responses, community efforts, and actions to prevent other forms of sexual violence. Strategies to prevent rape must be interdisciplinary and draw on knowledge from many disciplines, including medicine, epidemiology, sociology, psychology, criminology, education and economics.

In order to prevent sexual violence, it is essential to understand the circumstances and the risk and protective factors that influence its occurrence. Many different theoretical models have been proposed, including models based on biological, psychological, cultural, and gender equality concepts. Similarly, protective factors that mitigate the risk of becoming a victim of sexual violence should be promoted, through structural or other interventions, aimed at achieving gender equality and empowering women.

Individual approach

It is not possible to completely protect yourself from sexual assault. However, it is important to know what steps you can take to help keep yourself safe. Some people may consider taking a self-defense class, this can build their self-confidence and give them useful skills and strategies for different situations. Some common sense recommendations in various situations, whether on the street or in social gatherings, are:

• Avoid being alone with people who do not know or trust.
• Avoid taking shared transportation alone.
• Avoid abandoned areas and be aware of where it is and what is around it.
• Keep the cell phone loaded and with it. If necessary, you must have cash or credit cards to pay a taxi.

• At parties go with friends, if possible, or stay in contact with someone who knows during the party.
• Avoid drinking too much and open your own drinks. Do not accept drinks from someone who does not know and keep their drink close, as someone can add drugs to their drink. If you think you drugged her, tell a friend, leave the party or get out of the situation and get help right away.
• Meet someone well before sharing time alone together. Have the first appointments in public places.

• If someone presses you to perform sexual activities that you do not want to clearly establish what you do not want to do. Be aware of its surroundings and how it could escape, if necessary. You can call a friend or family and ask for help.
• Combating a sexual aggressor, although it may mean putting life at risk especially if the aggressor is armed, he may sometimes deter the aggressor from committing the rape or allowing the victim to flee.

Medical approach

From a public health perspective, prevention strategies can be classified into three types:

• Primary prevention: involves approaches that seek to prevent violence before it occurs, a public health prevention strategy is the ability to detect the underlying causes, rather than focusing on the most visible “symptomas”..
• Secondary prevention: involves approaches that are interested in the most immediate responses to violence, such as prehospital care, emergency services or treatment of sexually transmitted infections after a rape.
• Tertiary prevention: involves approaches that focus on long-term care after an act of violence, such as rehabilitation and reintegration, and seek to a lessen trauma or reduce the prolonged disability caused by violence.

Research in Canada suggests that medico-legal documentation may increase the chance that a perpetrator will be arrested, charged or convicted. For example, one study found that documented physical injuries, particularly of the moderate to severe type, were associated with the filing of charges, regardless of the patient's income level or whether the patient knew the offender, either as an acquaintance or an intimate partner.

Community Focus

Sexual assault can be prevented through education programs in high school, college, and in the workplace. At least one program for frat men produced "sustained behavior change". Bystander intervention involves safely stepping in and taking action when someone is observed to be at risk of sexual assault.

Men's groups against domestic violence against women by men and rape of women by men can be found in Australia, Africa, Latin America and the Caribbean and Asia, and in many parts of South America. North and Europe. The theory underlying this type of initiative is that men should, as individuals, take steps to reduce the use of violence. Typical activities include group discussions, educational campaigns and rallies, work with violent men, and workshops in schools, prisons, and workplaces. Actions are often carried out in collaboration with women's organizations that are involved in preventing violence against women and providing services to battered women.

There are few programs outside of the criminal justice system that target perpetrators of sexual violence, typically targeting men convicted of male-female sexual assault, who make up a significant portion of criminal sexual violence cases. Found primarily in industrialized nations, these programs work with male perpetrators to get them to admit responsibility and be held publicly accountable for their actions.

Legal-Legal Approach

Justice systems must have far-reaching laws and legal procedures, a broad definition of rape to include marital rape, severe penalties for those found guilty, and a strong supportive response to victims. The commitment to prevent or reduce sexual violence is also reflected in the special attention paid to police training and the proper allocation of police resources to the problem; in the priority given to investigations of cases of sexual assault; and in the resources destined to support the victims and the provision of medical and legal services.

It is necessary to enact national legislation and adopt support policies that provide women with equal rights in political participation, education, work, social security and an adequate standard of living. Likewise, women should be able to freely enter into and out of marriage, obtain credit, and own and manage property. Laws and policies that discriminate against women must be changed and the effect of each new law and policy on women and men needs to be examined. Legislation and policies that address broader socioeconomic inequalities may decrease other forms of interpersonal violence, which in turn will help reduce intimate partner violence and sexual violence.

Statistics

Victims of rape or sexual assault come from a wide range of genders, ages, sexual orientations, ethnicities, geographic locations, cultures, and degrees of impairment or disability. Incidents of rape fall into several categories and can describe the perpetrator's relationship with the victim and the context of the sexual assault, these include date rape, gang rape, spousal rape, incestual rape, assault child sexual assault, prison rape, acquaintance rape, war rape, and legal rape. Forced sexual activity can be committed over a long period of time with little or no physical harm.

The United Nations Office on Drugs and Crime finds that, worldwide, the majority of rape victims are women and the majority of perpetrators are men. Rapes against women are rarely reported to the police and the number of female victims of rape is significantly underestimated. Southern Africa, Oceania and North America record the highest numbers of rapes. A United Nations statistical report compiled from government sources showed that the police recorded more than 250,000 cases of rape or attempted rape annually, the data reported covered 65 countries.

Most rapes are committed by someone the victim knows. In contrast, stranger rape is relatively uncommon, with statistics reported by the Rape, Abuse & Incest National Network indicating that 7 out of every 10 cases of sexual assault involved a perpetrator known to the victim.

Forced sexual initiation and coercion during adolescence have been reported in many studies of young women and men. When studies have included both men and women in the sample, the prevalence of reports of rape or sexual coercion has been higher among women than men. Whether they are trafficked or not, Sex workers are at high risk of physical and sexual violence, particularly where sex work is illegal.

Rape is an underreported crime. The prevalence of reasons for not reporting rape differs between countries. They may include fear of retaliation, uncertainty about whether a crime was committed or the abuser meant harm, not wanting others to know about the rape, not wanting the abuser to get into trouble, fear of prosecution, and doubt in local law enforcement. Some countries do not define forced sex on a spouse as rape

Situation and regulation by country

In the European Union in 2018, only seven countries consider by law that sex without consent is rape according to data compiled by Amnesty International: Germany, Belgium, Cyprus, Luxembourg, Ireland, Iceland and the United Kingdom. Most European countries continue to define rape with parameters of force or threat of force, coercion or inability to defend oneself.

In the UK, incidents of rape and sexual assault are referred to a sexual assault referral center (SARC). In the United States, the institution equivalent to SARCs is run by Sexual Assault Forensic Nurses (SANEs), who are fully qualified and trained to gather forensic evidence in these types of cases. A comparison of the reliability and effectiveness of forensic nurses versus that of doctors has been raised when conducting examinations of reports of rape and sexual assault. A review of 8 studies carried out in the United Kingdom and the United States, consisting of 2,700 participants, concluded that treatment by forensic nurses produces better results than treatment by doctors. Specifically, complainants are more likely to undergo a forensic examination and document it, and are also more likely to receive services for sexually transmitted infections.

America

Argentina

The Argentine Penal Code, since 1999, does not use the word rape, but classifies the crime in the third paragraph of article 119, as an aggravated type of the crime of sexual abuse. The criminal type distinguishes according to the penetration carried out through "carnal access", that is, with the penis, in which case it covers vaginal, anal and oral penetration, or through other parts of the body or with an object, in which case it only covers vaginal penetration and anal. When it comes to a person under thirteen years of age, it is always considered as if there had been no consent.

The penalty shall be between six (6) and fifteen (15) years ' imprisonment or imprisonment when mediating the circumstances of the first paragraph there is carnal access through anal, vaginal or oral or other similar acts by introducing objects or parts of the body by one of the first two paths.

The penalty is six to fifteen years in prison. The penalty is aggravated by a minimum of eight years and a maximum of twenty years in prison in seven cases: a) serious damage; b) relatives, guardians and religious ministers; c) communicable disease; d) two or more people; e) use of weapons; f) aggressive police personnel; g) cohabiting minor.

Brazil

The Brazilian Penal Code contemplates the crime of rape in art. 213 under the denomination of "estupro", classifying it as forcing a woman to maintain a "carnal conjunction", through violence or serious threat. The criminal type only admits rape for men as perpetrators and women as victims, it only contemplates penetration through the penis, and demands that there be violence. In the case of children under fourteen, mentally weak and people who cannot resist, violence is presumed (art. 224).

The penalty contemplated is imprisonment for six to ten years (art. 213).

Chili

The Criminal Code of Chile contemplates the crime of rape with that denomination, in arts. 361 and 362, typifying it as "carnal access" (oral, anal or vaginal), through violence, threat or inability to oppose. He is sentenced to imprisonment in its minimum to medium degree, which according to the Chilean punitive system, extends between 5 years and 1 day, to 15 years. When using the expression "carnal access", the Chilean criminal offense only considers penetration by means of the penis as rape, considering it a less serious crime if the penetration is carried out with objects.

An aggravated form of rape occurs when the victim is a person under fourteen years of age, in which case the existence of violence, threat or inability to oppose is not required. The penalty in this case is always imprisonment in any of the its degree, which according to the Chilean punitive system, extends between 5 years and 1 day, to 20 years.

Ecuador

The Organic Comprehensive Penal Code, in force since 2015, defines in article 171 rape as carnal access by partial or total introduction of the virile member through the oral, vaginal or anal route (or introduction of other objects for only the anal and/or vaginal route) provided it is done without consent, or performed with sick people or with reduced capacity who cannot resist, or when the victim is under fourteen years of age. This crime is sanctioned with a custodial sentence (reclusion) of nineteen to twenty-two years.

United States

In the United States there are 58 criminal jurisdictions, 50 of which are states of the country, each of them with autonomy to classify rape. The crime does not have a unified denomination, being called "rape » in some cases, or aggravated modalities of «sexual assault» (sexual assault), «sexual abuse» (sexual abuse), or «sexual aggression» ( sexual battery), in others.

In 1962 the federal government, in the Penal Code Model (MPC), defined the crime of rape as "sexual intercourse with a woman other than the wife through force or threat of causing severe harm". Under pressure from the feminist movement, in the 1970s a process of redefining sexual crimes and rape in particular began. In 2011 the FBI updated the unified system for reporting crimes (Uniform Crime Reporting) and carried out a substantial reform of the concept of rape, including all types of sexual penetration, not mentioning the wife and eliminating the requirement of violence, or resistance, defining rape as follows:

(It is considered a violation of)...penetration, no matter its extension, of the vagina or anus, with any part of the body or object, or oral penetration by a sexual organ of another person, without the consent of the victim.

FBI, Uniform Crime Reporting, 2011.

In 2012, 18 jurisdictions had reformulated the criminal offense in the same sense as the concept defined by the FBI, establishing that the existence of violence was not necessary, it was enough that there was no consent, with a tendency to be extended to other jurisdictions.

Nicaragua

In Nicaragua, the crime of rape is regulated in articles 167 to 169 of the Penal Code (Law No. 641 of 2007). both the aggressor and the victim, be it with the penis, a finger, or an object, vaginally, anally, or buccally.

Art. 167. Anyone who has carnal access or has access to or introduces the victim or forces the victim to insert finger, object or instrument for sexual purposes, via vaginal, anal or mouth, using force, violence, intimidation or any other means that deprives the victim of will, reason or sense, shall be punished by imprisonment for eight to twelve years. They may be the perpetrators or victims of this crime, persons of one or another sex.

The penalty for simple rape is eight to twelve years in prison. The penalty is aggravated when the same action occurs with a person under fourteen years of age, regardless of whether consent exists or not, in which case the penalty will be between twelve and fifteen years. The same penalty corresponds when it comes to aggravated rape in four cases: a) relationship of authority or trust; b) two or more aggressors; c) especially vulnerable victim; d) serious damage to health. In the event of two or more aggravating circumstances, the only sentence is fifteen years.

Mexico

In 1991, Mexico carried out a considerable reform of the chapter dedicated to sexual crimes, placing the crime of rape in the fifteenth title, included as a novelty within the group of "Crimes against freedom and normal psychosexual development" of the Federal Penal Code.

According to the new wording of art. 265 of the Criminal Code, rape is classified as the introduction of the penis into the vagina, anus or mouth, or another part of the body or object into the vagina or anus, through physical or moral violence. The same actions carried out against minors under twelve years of age (eleven years or less) are also considered violations. The penalty for the crime without aggravated circumstances is eight to fourteen years in prison.

Peru

In the Peruvian Penal Code it is regulated in Chapter IX «Violation of sexual freedom» (Articles 170 to 178).

• Sexual rape is defined which requires a person to have carnal access through the vagina, anal or mouth or performs other similar acts by introducing objects or parts of the body by one of the first two paths. A custodial sentence of not less than six or more than eight years is punishable.

In Peru, 76% of the victims of rape are minors, according to a study carried out by the Criminological Investigation and Prospective Analysis Program of the Public Ministry, which covers the period 2013 - 2017.

Venezuelan

In Venezuela, the crime of Rape is typified in article 374 of the Penal Code, in the following terms:

«Article 374. Whoever by means of violence or threats has constrained a person, of either sex, to a carnal act through the vaginal, anal or oral route, or the introduction of objects through one of the first two routes, or an object that simulates sexual objects is introduced orally, the person responsible will be punished, as accused of rape, with a prison sentence of ten to fifteen years. If the crime of rape provided for herein has been committed against a girl, boy or adolescent, the penalty will be from fifteen years to twenty years in prison. The same penalty will be applied, even without violence or threats, to the individual who has a carnal act with a person of either sex:

1. When the victim is especially vulnerable, due to her age or situation, and, in any case, when she is under thirteen years of age. 2. Or who has not turned sixteen, provided that for the execution of the crime, the person responsible has taken advantage of a relationship of superiority or kinship, by being an ascendant, descendant or brother, by nature or adoption, or related to the victim. 3. Or that being detained or detained, sentenced or sentenced, the custody of the culprit has been entrusted or entrusted. 4. Or who is not able to resist due to physical or mental illness; for another reason independent of the will of the culprit or as a consequence of the use of fraudulent means or narcotic or exciting substances that he has used.

Single paragraph: Those who are involved in any of the cases expressed, will not have the right to enjoy the procedural benefits of the law, nor to the application of alternative measures for serving the sentence.”

The heading of this article defines the crime of rape through violence and/or threats, while the paragraph and its numerals define the alleged violation in which, even when there is no violence, it is presumed to be due to special circumstances conditions of vulnerability of the victim.

Asian

Indian

India is one of the countries with the weakest and most variable laws regarding rape. The sentence can range from an apology to the death penalty. Some cases of this are:

• In 2014 a woman was raped and justice condemned the culprit to apologize by touching her feet, which is a sign of respect in the country, however, for the woman was not enough and ended up killing herself.
• In 2015 a disabled woman was sexually raped by a group of 7 men and subsequently killed her, and they were sentenced to death, which was more influenced by murder than by rape.

Europe

Germany

In Germany, rape is defined by the lack of consent of the victim. Since November 2016, the law considers a sexual act carried out “against the identifiable will of another person” to be rape and clarifies that this “identifiable will” to refuse sexual intercourse can be “explicit” (that is, verbal) or “implicit”. with tears, moans or signs of pain.

Spain

Protest in front of the Madrid Ministry of Justice for the ruling in the La Manada Case on April 28, 2017.

That of the passive subject, the old doctrine that demanded that it be transcendent, almost heroic, has already been abandoned, to later consider that the resistance should be serious, later defined as reasonable. Indeed, what should not being ignored is that each person who suffers a rape reacts differently and with different intensity to a sexual assault of this type, according to the specific personality of each one. Hence, the victim does not have to offer a resistance typical of the hero; perhaps it would not even have to be serious, it is enough that it is reasonable given the situation created by the aggressor. The victim may be aware that extreme resistance can only be unsuccessful or even lead to worse consequences. It tends to be considered that if the refusal to have a sexual relationship was clearly manifested, regardless of the way, it should be considered sufficient.

The jurisprudence of the Supreme Court records that even the woman can ask the rapist to use a condom and this does not make the sexual act consensual. The highest Spanish court body considers that urging the use of condoms is solely to avoid an unwanted pregnancy and/or contracting a sexually transmitted disease.

What qualifies for sexual assault in article 179 of the Penal Code is not the greater or lesser resistance, but the lack of consent for sexual contact through anal, oral or vaginal penetration, which is obtained through violence or fear. The basic type of sexual assaults, article 178 cited, links the presence of violence or intimidation to the attack against the sexual freedom of the victim, without establishing other personal or objective circumstances to understand the type consummated. In this sense, the normative element expressed in the alternative violence or intimidation, also being a type included within the crimes against sexual freedom, which affects the free consent of the passive subject, constitutes the foundation of the crime, that is, the punishment is It occurs because the free decision of a person in relation to their sexual activity is restricted, limited or annulled.

To delimit the typical conditioning, the set of circumstances of the specific case that discovers the will opposed to the sexual act must be used, weighing the degree of resistance required and the coercive means to overcome it.

Iceland

In Iceland in March 2018 a new law was passed that stands out for its approach to consent. The English-language Icelandic magazine The Reykjavik Grapevine summarizes the approach by noting that “Icelandic law has moved from asking a rape victim: did you say no? to 'Did she -or did he- say yes?'”. A yes, verbal or expressed in another way, is not considered consent if the person is in a state of profound alcohol intoxication or of another type, since it is not informed consent.

Sweden

On July 1, 2018, a law came into force in which rape is considered proven if consent was not given, verbally or by other clear means, to have sexual relations.

General references

• Tracy, Carol E.; Fromson, Terry L.; Gentile Long, Jennifer; AEquitas, Charlene Whitman (5 June 2012). «Rape and sexual assault in the legal system». Womens Law Project (in English).
• "Violation and sexual violence. Human rights law and standards in the International Criminal Court”. Amnesty International. London. 2011.

Recommended bibliography

• Vigarello, Georges (1999). History of the Rape: XVI - XX centuries. Madrid, Chair. ISBN 843-761-766-9.
• Marcela Iacub (2002). Le crime était presque sexuel, une histoire juridique du viol (XIXo-XXo siècles) et autres essais de casuistique juridique, pp. 37. Paris, EPEL, Champs essais. ISBN 978-2-0812-1889-5.
• Brownmiller, Susan (1975). Against Our Will: Men, Women, and Rape. New York, Simon & Schuster. ISBN 978-0671-220-62-4.