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Summary Criminology 310 Exam Notes (Section B, Unit 7)
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PSYCHOCRIMINOLOGYCRIMINOLOGY 310 PART B.
STUDY UNIT 7.
CHAPTER 12: SEXUAL ASSAULT & RAPE.
After having studied this study unit you should be able to explain rape as a sexual crime, discuss
the different rape categories and you should be able to apply the criteria for abnormal sexual
behaviour to indicate why rape is seen as abnormal sexual behaviour.
Identify the criteria that are used to determine whether sexual behaviour is
abnormal (Class notes).
1. When the behaviour derives from anxiety, inner conflict or inner compulsions.
This person let’s say the offender or the offending party: is anxious; there is an inner
compulsion and inner conflicts.
They know that it is wrong, but they fantasize about something and it becomes an all-
consuming energy and they cannot manage it, they cannot live with it and then they go over
into a certain action or a rape.
So, there is a strong inner conflict and inner compulsion to what they do, and they cannot
contain it.
Thus, the person, let’s say with a preplanned rape, will experience these inner compulsions,
they will fantasize about it and eventually it will go over into a rape…
or in the case of children, a paedophile will also experience the anxiety, inner conflicts and
inner compulsions and then they will actually commit the crime.
2. When the behaviour causes anxiety in the individual and/or sexual partner.
, Many rapists are very anxious with their first rape, they know they can be caught, they know
it is wrong, and that it is against the will of the victim and because of this they experience
serious anxiety.
The opposite is for the victim as well, i.e. they
experience exactly the same: they are also very anxious; they do not want this to happen and
that is why we say according to this criterion it is unacceptable.
3. When the behaviour does not provide gratification to the individual and/or sex
partner, while alternative possibilities for gratification exist.
Not all rapists actually become completely tumescent (swollen or being swollen, especially as
a response to sexual arousal), i.e. they don’t get an erection because of the anxiousness and
distress that they experience and, in many cases, the sexual deed does not sexually gratify
them.
It is sometimes more about the power they feel, you do get rapists that rape for pleasure. But
the same goes with the partner/victim, they do not experience pleasure. It is a forced, stressful
situation and because of that we say if it is a situation like that and you experience this
anxiousness and you feel uncomfortable, + there is no gratification: we say it is abnormal.
In criteria 3: a very important part is that there are alternatives available for gratification. In
court: we ask the rapist ‘why did you not masturbate?’ ‘why did you not look at
pornography?’ ‘why didn’t you rent the services of a prostitute?’ … because all of these are
alternatives to the rape. Or most importantly ‘why didn’t you start off with a normal
relationship and form a bond with a partner and then the natural flow of sexual relationships
will come out?’
What we are saying with this criterion is that there are many alternatives to rape, but the
person forced themselves on someone else and that is what is abnormal and unacceptable.
4. When the persons general psychological functioning is seriously impaired.
On both sides: the offender thinks about it, ruminates about it, is worried, stressed, asks
himself ‘what happened?’ ‘what did I do after the act?’ and the same is for the victim. The
victim worries, their psychological function is disrupted, they are stressed, worried about
psychosomatic symptoms like skin diseases or stomach ulcers or maybe they are worried
about getting a sexually transmitted disease (STD), even HIV/AIDS.
So, it is important to remember that the psychological functioning is severely disrupted after
the deed and that is why we say that it is abnormal… you are not supposed to feel that with a
normal sexual relationship.
5. When the behaviour injures, upsets or humiliates the sex partner.
We are specifically talking about the victim here. The victims are sometimes injured, or
forced to have sexual encounters and sometimes some of the rapists use objects where they
hurt the victim/s.
The victim is very upset about this behaviour and in many cases the rapists humiliate them.
The way they speak to them, also some of the things that they force the victim to do and some
things that they do to the victim is very humiliating and that causes anxiety which in the
criterion is abnormal.
,6. When the behaviour involves coercion, force or the manipulation of the sex partner.
The easy one here is to try and remember: when someone manipulates you into a sexual
relationship; for example, “if you don’t have sex with me, you are not in love with me” = that
is nonsense. In other words, you cannot be manipulated to show your love “send me nude
photos of you because I fantasize about you and I love you” = that is manipulation and is
unacceptable according to this criterion.
Or when they force you into a relationship; can be a physical force or they coerce you for
example “if you do this, I will do that; if you do this, then I will be your boyfriend”. They
coerce you; they lie to you to force you into a sexual relationship.
7. When the sex partner cannot consent to having sex due to intellectual and/or
psychological limitations.
Think of a child…. There are lots of limitations with a chid: they are not emotionally mature;
a young girl cannot say yes or no because she is not developed emotionally and
psychologically enough.
We say that at least by the age of 18, 20, 22 – as a young adult you can start making certain
life decisions, but even at the age of 18 = it is very difficult to make big, responsible decisions
that you do not regret later on in your life.
So, the criterion here is trying to protect the victim. When the sex partner is unable to resist
because of maybe youthfulness or because of the coercion, the influence might be that they
are poor and the because of the position that they are in, they cannot refuse consent because
maybe there is something that is promised. For example, think of ‘The Blesser’ phenomenon
in South Africa. Sometimes parents say it is okay, even when the child is still underage.
And, on the account of intellectual or psychological limitations: now this is also specifically
important for a child that has got these limitations (intellectual and psychological)… for
example, a young girl that cannot make a decision to get involved with a person in a sexual
relationship but also someone with a disability, an intellectual disability that does not have the
intellectual ability to make that decision to say ‘yes’ or ‘no’.
So, with this criterion, this is how you apply it:
- It causes anxiousness, if somebody forces you down.
- You are coerced into a situation, for example where they force you to become a part of a
sexual relationship that you are not ready for, so you cannot really consent to that
behaviour and that is why we are saying this criterion can be used to guide you to say
‘this is right’ and ‘this is wrong’.
The labelling of sexual behaviour as an offence, is determined be various
factors. Discuss this statement.
Sexual behaviour in many societies is a subject fraught with moral codes, taboos, norm expectations,
religious injunctions, myths, and unscientific conclusions. In the mid-twentieth century, research
published by Albert Kinsey and his colleagues (1948, 1953) helped dispel myths and correct fallacies
about sexual behaviour in both men and women based on survey reports and interviews. Shortly
thereafter, beginning about 1957, William Masters and Virginia Johnson conducted laboratory
experiments during which they observed and recorded psychological and physiological sexual
behaviour in opposite sex couples. Despite these and other efforts to demystify sexual activity, myths
and misconceptions still linger, including those about sex offenders, who are frequently and
incorrectly viewed as a homogenous class of individuals.
, There is no single profile that encompasses even a majority of sex offenders. Research shows that
they differ in personal attributes such as age, background, personality, race, religion, beliefs, attitudes,
and interpersonal skills. The features of their crimes also differ markedly among offenders, including
time and place, the gender and age of the victim, the degree of planning the offense, and the amount
of violence used or intended. Nevertheless, there are continuing efforts to find a unifying theory of
coercive sexual offending. In addition, sex offenders often commit a variety of crime beyond sexual
offenses, although this is more likely to be the case with rapists than with child. Research also
indicates that sexual reoffending by sex offenders is not as prevalent as previously assumed. In fact,
there is considerable evidence to show that adult sexual offenders are more likely to be convicted for
nonsexual offenses than they are for sexual offenses, both before and after a conviction for a sexual
offense. Furthermore, whereas sex offending has traditionally been viewed as a male undertaking, it is
clear that female sex offending, though less prevalent, is not unusual. Finally, increasing attention has
been given to juvenile sex offending.
Define the different types of rape.
Key Components of Definitions of Sex Crimes from SRS, NIBRS, and NCVS.
Source Crime Key Components.
SRS of UCR. Rape (new definition) Penetration without consent
by sex organ of another or
by an object.
Rape (legacy definition) Carnal knowledge of a
female against her will.
Sexual assault Variety of offenses of a
sexual nature; includes
statutory rape.
NIBRS Rape Carnal knowledge of a
person without consent.
Sexual assault with an Unlawful penetration of
object vaginal or anal opening.
Sodomy Oral or anal intercourse
without consent.
Incest Nonforcible sexual
intercourse between person
related to a degree that
marriage would prohibit.
Statutory rape Consensual intercourse
when one party is not of
legal age as defined by
statute.
NCVS Rape Unlawful penetration of a
person against his or her
will. Includes penetration
from an object.
Sexual assault Attack involving unwanted
sexual contact; may include
fondling or grabbing.
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