Column: Redefining rape

By Bradlee Palmquist

Discussing rape always brings out strong emotions in people. Rape is illegal in the United States, but because of difficulties in interpreting what counts as rape, many cases go unreported or without convictions.

Unfortunately, a victim often feels the need to keep quiet for fear of rejection, retribution by the offender or out of shame, allowing the perpetrator to go unpunished. And despite the movement to foster equality between men and women in U.S. society, the issues of rape and the victimization of women have yet to receive the attention necessary to bring about critical changes needed to protect women.

Many cases of rape remain unnoticed in marriage, where sex is seen as an implicit agreement. When two people are married, it is almost viewed as an obligation for one partner to have sex with the other as if consent were automatically given with the sharing of a ring. Because the idea of rape in the context of marriage is ignored, cases often go unreported and overlooked despite the fact that the United States has outlawed rape in marriage.

Statistics reported by the Rape, Abuse and Incest National Network show that one in six U.S. females has been the victim of either attempted or actual rape, the most shocking detail being that nearly two-thirds of the cases involve someone the victim knows. These numbers contradict the popular notion that women who are raped often put themselves in compromising positions by going out dressed in a particular way or by not being cautious enough in a risky area.

It is because most people still think this way, however, that the common view of rape has been so misconstrued as to place blame on the victim, a rather disgusting notion. This is a problem that requires grassroots attention on a greater scale to bring about reform in the United States.

Change needs to start in the judicial system. Not only should rape be illegal, but there need to be laws which better define what constitutes rape. Although this distinction often varies from state to state, rape is generally defined as being forced sexual contact without consent. Virginia law considers rape to be forcing an individual, spouse or not, to engage in acts of a sexual nature against his or her will through force, threats, intimidation or by taking advantage of the individual’s helplessness, physical or otherwise.

With such a broad definition of rape, however, it is rather easy to be left questioning which sorts of activities actually are rape. Nearly everyone would agree that date rape and other acts in which the intention is clear would be defined as rape, and thus illegal. But certain circumstances can blur the situation. Within marriage, should a woman be obligated to have sex with her spouse if he desires it? Is it still rape if the victim is the man’s wife?

In this particular case, the answer is yes. But what about cases in which two individuals become intoxicated at a party and end up having sex? Does the fact that one’s actions may lead to an undesirable outcome have any bearing on the definition of rape?  Sex without consent would definitely be considered rape, but the uncertainty involved in certain cases makes it hard to make this distinction.

Although the United States has made strides in trying to rid society of rape, there is still much that can and must be done. Eventually there needs to be an intensive evaluation of state law so that outdated statutes can be changed to conform to a more unified, well-defined judicial procedure regarding rape that protects victims and encourages them to take action rather than remain silent.

I applaud grassroots organizations which promote awareness of rape and sexual abuse so as to bring about change. Hopefully, movements such as SlutWalk, which is dedicated to ending victim-blaming and combating rape culture, will be able to bring enough attention to these issues that changes in both legislation and perception can be accomplished.

People must continue to fight for equality and to educate individuals about the meaning of consent. They also must reach out and protect those who become victims. No one wants to see someone he knows become a victim of rape, and it is through action that there will come a day in which this issue is no longer as prevalent as it is today.

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