Acquaintance Rape

rape (in law)

rape, in law, the crime of sexual intercourse without the consent of the victim, often through force or threat of violence. The victim is deemed legally incapable of consenting if she or he is known to be mentally incompetent, intoxicated, drugged, or below the age of consent at the time of the rape. Such cases are known as statutory rape, and evidence of consent is not deemed relevant in court. Although the term rape has traditionally applied to the male use of force in sexual relations with females, applicable laws have been revised in many jurisdictions to include possibilities where a male is the victim.

Issues surrounding rape and the law have been fiercely debated for years in the United States, and recent efforts—particularly by feminist groups—have had marked success in expanding victims rights. One important reform, which has been in effect in most states in recent years, has been the removal of statutes requiring that rape victims physically resist the attack. Prior to this reform, victims of rape were required to display clear signs of injury in order to prove that they did not consent to sexual relations. Another reform has made marital rape a crime in many circumstances, with South Dakota becoming the first state to institute such law reforms in 1975. In the 1980s, "date rape," or acquaintance rape, became an important issue, particularly on college campuses. Victims of date rape contend that they were raped by an individual with whom they were acquainted. In many such cases, the establishment of guilt becomes difficult, particularly in cases where the victim displays no physical evidence of violence and there is only the testimony of the victim. In international law, rape was designated (2000) a war crime by the Yugoslav tribunal established by the United Nations at The Hague. Rape can cause profound psychological trauma in its victims.

See D. E. Russell, The Politics of Rape (1984); S. Tomaselli and R. Porter, ed., Rape (1986); Z. Adler, Rape on Trial (1987); S. Estrich, Real Rape (1987).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Acquaintance Rape: Selected full-text books and articles

Violence in Dating Relationships: Emerging Social Issues By Maureen A. Pirog-Good; Jan E. Stets Praeger, 1989
Librarian’s tip: Part II. "Sexual Abuse in Dating Relationships"
Sexuality in Close Relationships By Kathleen McKinney; Susan Sprecher Lawrence Erlbaum Associates, 1991
Librarian’s tip: Chap. 8 "Sexual Violence and Coersion in Close Relationships"
A Most Detestable Crime: New Philosophical Essays on Rape By Keith Burgess-Jackson Oxford University Press, 1999
Librarian’s tip: Chap. 4 "Consent, Coercion, and Sexual Autonomy"
Sex and Reason By Richard A. Posner Harvard University Press, 1992
Librarian’s tip: Chap. 14 "Coercive Sex"
Representing Rape: Language and Sexual Consent By Susan Ehrlich Routledge, 2001
Librarian’s tip: Chap. 5 "'The Signals...between Men and Women Are Not Being Read Correctly' Miscommunication and Acquaintance Rape"
Interpersonal Communication Research: Advances through Meta-Analysis By Mike Allen; Raymond W. Preiss; Barbara Mae Gayle; Nancy Burrell Lawrence Erlbaum Associates, 2002
Librarian’s tip: Chap. 17 "Sexual Coercion and Resistance"
The Danger from Strangers: Confronting the Threat of Assault By James D. Brewer Insight Books, 1994
Librarian’s tip: "Nonstranger Rape" begins on p. 146
A Layperson's Guide to Criminal Law By Raneta Lawson Mack Greenwood Press, 1999
Librarian’s tip: "Date Rape" begins on p. 69
Acquaintance Rape on College and University Campuses By Romeo, Felicia F College Student Journal, Vol. 38, No. 1, March 2004
A Mixed-Gender Date Rape Prevention Intervention Targeting Freshmen College Athletes By Holcomb, Derek R.; Savage, Michael P.; Seehafer, Roger; Waalkes, Deanna M College Student Journal, Vol. 36, No. 2, June 2002
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