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Date Rape - The Misunderstood Sex Crime
What is date rape? Put simply, it is the crime of
forcing someone to engage in sexual activity. The main difference
- and what is making this crime difficult to prove - is that victim is
a social acquaintance of the perpetrator.
Date
rape
is any non-consensual sexual
activity where the offender and the victim are acquainted with each
other
socially either as a friend, acquaintance, dating partner, or even as a
romantic
partner. Date rape is also
referred to as contact rape, sleep rape, and acquaintance rape.
Most
jurisdictions do not give any legal distinction between stranger rape
and rape
committed by an acquaintance of the victim.
Most
date rapes happen within social
functions and
many victims of date rapes already had previous sexual relations with
the
perpetrator. Due to the nature of the relationship
between the victim
and the offender, date rapes are often hard to prove and are highly
misunderstood and often underestimated.
Moreover,
many perpetrators of date rape often do
not feel that they’ve committed any crime the same way that
many date rape victims
also feel that they are partly to blame and that no crime has been
committed.
At the same time, many people view date rape as a product of
miscommunication
and mixed signals between two people rather than a crime.
Fact
remains however that date rape is still rape
where one party was coerced into a non-consensual sexual activity
either by
force, by drugs, or by the victim’s inability to say no
during the time of the
assault.
Date
Rape Prevalence
While
the stereotypical image of rape scenarios
involves a stranger coming out of the dark with a knife or a gun,
statistics
show that almost half of rape cases involve someone you know as the
offender.
Date
rape is an especially common problem in
universities and colleges where parties and social gatherings are
frequent, and
where drugs and alcohol are often present during these functions.
Many
date rape cases also happen during high school
and college dating activities between couples. In many cases, the
offender is the
victim’s boyfriend who feels that the girl owes him sex just
because they have
a romantic relationship or already had prior sexual encounters.
Majority
of date rape cases go unreported either due
to fear or shame by the victims or because the victims are uncertain
whether it
was really rape to begin with.
Date
Rape - Drawing the Line
Due
to the subjective components that are often
involved, date rapes are not only difficult but may become almost
impossible to
prove. The following situations however are common cases that can
constitute as
date rape.
- If
an individual is intoxicated and is unable to clearly consent to the
sexual act and the offender, regardless of whether he is also
intoxicated or not, forces the individual to engage in sexual activity
- If
the offender deliberately gets a girl drunk or high, then had sexual
relations with her
- If
the offender is unaware that a girl is drunk or high, then had sexual
relations with her
- If
the offender did not get a girl drunk or high but is aware of it, then
had sexual relations with her
- If
the offender continues to engage the girl in sexual activity even if
she’s clearly indicates that she wants him to stop either by
words or by action
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