Types of Sexual Violence and Related Information

Alcohol and Drug Facilitated Sexual Assault

Drug-facilitated sexual assault occurs when drugs are used by an assailant to lower a victim's resistance to the assault. After such an assault, a victim may often be woozy, disoriented, and uncertain of the events s/he has experienced. Alcohol and other drugs (including those called "Date Rape Drugs") are used in drug-facilitated sexual assault.

Rohypnol, GHB, and Ketamine are examples of illegal drugs whose effects include memory loss, blackouts, visual disturbances, dizziness, and general confusion. They are known as "date rape drugs" although they can be used to facilitate a sexual assault whether the situation is a date or not. Assailants place these odorless, tasteless and colorless drugs in their victims' drinks in order to incapacitate them so they will not be able to resist the assault. The victim is also incapable of giving consent to sexual activity due to the drugs and their damaging effects.

It is important to remember that alcohol is also a "date rape drug," although our society rarely discusses alcohol in these terms. Alcohol is also used by perpetrators as a way to "loosen someone up" and certainly is used to lower an individual's ability to resist, think clearly, and assess and respond to a dangerous situation. An incapacitated person does not forfeit his/her rights. When someone is drunk, she or he is unable to give consent to any sexual activity. The easy availability of alcohol and its broader social acceptance than other drugs makes alcohol the number one drug used to facilitate sexual assault.

Marital or Spousal Rape

While the legal definition varies within the United States, marital rape can be defined as any unwanted intercourse or penetration (vaginal, anal, or oral) obtained by force, threat of force, or when the spouse is unable to consent. An estimated 14% - 25% of women experienced forced sex at least once during their marriages. Rape in marriage is an extremely prevalent form of sexual violence, particularly when we consider that women who are involved in physically abusive relationships may be especially vulnerable to rape by their partners.

Despite the prevalence of marital rape, this problem has received little attention from social scientists, the criminal justice system, and the larger society as a whole. In fact, it was not until the late 1970's that we began, as a society, to acknowledge that rape in marriage could even occur, much less that it was a crime. The traditional definition of rape in the United States most commonly was, "sexual intercourse with a female not his wife without her consent." This language provided husbands with an exemption from prosecution for raping their wives. These legal exemptions can be traced back to statements made by Sir Matthew Hale, Chief Justice in 17th Century England. Hale wrote, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband which she cannot retract." This established the notion that once married, a woman does not have the right to refuse sex with her husband. Historically, women were considered the property of men with no legal rights. These laws reflect the legal disempowerment of women's right to their body and their right to legal recourse. This rationale went largely unchallenged until the 1970's when the women's movement argued for the elimination of spousal exemptions because it failed to provide equal protection from rape to all women.

While most states have changed their laws so that rape of a spouse is a crime, some states still have some forms of marital rape exemptions. Some of these exemptions from prosecution are given in situations in which a woman is most vulnerable, such as being mentally or physically impaired, unconscious, or asleep. In addition, there are many ways in which victims of spousal rape have to overcome additional legal barriers to prosecution that are not present for other victims of crime. These include time limits for reporting the offense, a requirement that force or threat of force be used by the offender, and the fact that some sexual assault offenses still preclude spousal victims. Many people still may believe that a woman who is married does not have the legal option to say no to sexual activity with their husband and control what happens to her body. These perceptions, attitudes, and legal barriers make coming forward and reporting spousal rape extremely difficult for survivors.

In 1996, Georgia changed its legal code and removed marital rape exemptions. The Georgia code states, "The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape." For more information look up GA code 16-6-1 at www.legis.state.ga.us

Acquaintance or Non-Stranger Rape

Regardless of whether an assault is perpetrated by an acquaintance or a stranger, these violent acts are usually motivated by a desire for power and control. Understanding this motivation can help us to get past the stereotype of the "sex crazed" maniac hiding in the bushes, and allow us to see the most common type of perpetrator: an ordinary, "regular" person who has a need to exert power and control over another. Acquaintance or non-stranger rape is far more common than most people realize. The majority of rapes are perpetrated by someone the victim knows - a date, a neighbor, a co-worker, a significant other, a friend, or a spouse. Acquaintance (Non-Stranger) rape is particularly devastating because the victim's trust is violated and doubts are raised in the victim's mind about his or her ability to judge others. Perpetrators abuse that trust and use that trust to control and have power over the victim. Because the perpetrator is someone the victim knows, it can be very difficult to report the assault and the victim may fear that no one will believe her.

It is still rape if:

• You engaged in sexual touching and kissing, but then were forced to have intercourse against your will. You have had sex with that person before, but this time said "no". You froze and did not or could not say "no" or were unable to fight back physically You consented to sex at first, but changed your mind...for any reason.

Prisoner Rape

The sexual assault of prisoners, whether perpetrated by corrections officials or by inmates with the acquiescence of corrections staff, is a crime and is recognized internationally as a form of torture. Although rape behind bars violates international, federal, and state laws, many institutions remain indifferent to the problem. Simple prevention measures are rarely taken, and reports of rape are often ignored. In the worst facilities, victims are repeatedly denied help and even retaliated against while perpetrators act with impunity. With more than 2 million people in prisons and jails and nearly 200,000 in immigration detention, it's a problem that cannot be ignored.

Part of the problem is society's attitudes towards prisoner rape. Far too many people react to the discussion of prisoner rape with a set of ideas that is inaccurate and unexamined. Some believe that inmates deserve to be raped. Others think that prisoner rape somehow deters crime, or that prisoner rape is irrelevant to their lives, because it happens behind bars. Some even think that prisoner rape is funny. Each of these ideas is incorrect - dangerously so, but these misconceptions thrive because the public knows very little about the real story.

All victims of rape suffer in mind, body, and spirit. Unfortunately, few resources exist to help survivors of prisoner rape, who remain a marginalized, drastically underserved population. Serving time in prison should not include an additional punishment of rape...no one deserves to be raped. Below is more information about prisoner rape. (Statistics from Stop Prisoner Rape)

• Women who are incarcerated may experience sexual abuse while in prison, most likely perpetrated by male prison guards. Rates for women reach as high as 1 in 4 in the worst facilities.
• Though anyone can become a victim, nonviolent, first-time offenders, and men who are small, physically weak, effeminate, or inexperienced in the ways of prison life are targeted most often.
• Among women, young and mentally ill inmates and first-time offenders are particularly vulnerable to sexual assault by male staff. Staff often abuse their authority by exchanging goods and privileges for sex. Male corrections officers are often allowed to watch female inmates when they are dressing, showering, or using the toilet, and some regularly engage in verbal degradation and harassment of women prisoners.
• Research has shown that juveniles incarcerated with adults are five times more likely to report being victims of sexual assault than youth in juvenile facilities.
• 1 in 5 male inmates has been sexually assaulted or pressured; 1 in 10 has been raped.
• Rates of HIV are five to ten times as high inside of prison as outside, making forced sex-where prevention methods are virtually nonexistent-a deadly proposition. Female inmates have been impregnated as a result of staff sexual misconduct.
• Prisoner rape has been used in some cases as a tool to punish inmates for misbehavior. Male inmates have testified that they were forced into cells with known sexual predators as a form of punishment for unrelated misconduct.

Gang Rape or Multiple Offender Rape

Gang rape is when two or more offenders act together to rape the same victim. The offenders include those who may even obtain consent to sex with the victim as well as those who threaten or use force to make the victim submit. Sometimes two people will have consensual sex first and afterwards one party will invite others to take turns without the other's consent. Gang rape is sometimes used as a reinforcing mechanism for membership in that particular group of men. It may be seen as a way to prove one's masculinity, or a rite of passage, or a way to make the perpetrators feel powerful by dehumanizing another person. The use of power and control to abuse someone sexually and reduce them to a "thing" is very evident in instances of gang rape.

Gang rape tends to have added humiliation to the victim, beyond that experienced by a single-assailant acquaintance rapes. There are many individuals who watched, participated, or were in the other room knowing what was going on and doing nothing to stop it. The victim may also feel very betrayed by people that are seen in everyday life.

Elder Abuse/Sexual Assault

Elder abuse occurs when someone intentionally causes harm or puts at risk of harm to an older adult. Abuse can occur in a person's own home or in a community living arrangement such as assisted living, personal care homes, or nursing homes. A family member, a friend, a care giver, or a stranger can be abusive. The very fact that many elderly people are dependent on their caregivers or family members makes them very vulnerable to the crime of sexual assault. The power and control given to caregivers makes it likely that someone may abuse that power and take advantage of their

In one study of elder sexual abuse, 81% of the suspected offenders were caregivers, and 78% were family members (primarily husbands and sons). Over one-third of the suspected offenders were themselves elders. Some elderly sexual abuse victims are assaulted by strangers in their own home. Often, the perpetrator breaks in or enters under false pretenses and will not only rob the victim but then also sexually assaults them. Elderly victims are more likely to be injured as a result of the assault and the assault may exacerbate existing chronic conditions.

Sexual Exploitation

This term is also known as human trafficking or child sexual exploitation. Sexual exploitation is any abuse of a position of vulnerability, differential power that is used for sexual purposes; this includes profiting monetarily, socially, or politically from the sexual exploitation of another. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining a person for the purpose of a commercial sex act, or a sex act in which anything of value, such as money or drugs, is given to or received by a person. Often the victims are recruited under false pretenses or are trafficked by force, fraud, or coercion. These victims are often subject to involuntary servitude, peonage, debt bondage, or slavery.

Most victims of sexual exploitation in the US are women and children, particularly girls. It is estimated that each year over a million children are exploited in the global commercial sex trade. Child sex tourism involves people who travel from their own country to another, often a developing country, and engage in commercial sex acts with children. The crime is typically fueled by weak law enforcement, corruption, the Internet, ease of travel, and poverty.

Given the violence, coercion, and schemes used by traffickers and the relative powerlessness of victims, it is very difficult for a victim to escape or receive help. Many traffickers tell victims that they will receive harsh treatment from law enforcement, or immigration officials if they are discovered. Victims may have signed a contract but don't know that they are not legal or binding. Other victims are unaware of their rights not to be exploited sexually and may not be familiar with the laws, customs, and language of the country they are in. Family loyalty, cultural practices, threats against their family, or political suppression in their home countries also hinder victims from seeking relief from exploitation and abuse.

Related Issues

Relationship Violence/Dating Violence

"One in five high school girls has been physically or sexually abused by a dating partner." (Journal of the American Medical Association, 2001)

Dating is a part of growing up. It's important to meet new people and begin relationships in life. It is also important to protect yourself and to be aware of what's going on around you. The purpose of this section is to increase awareness, not fear.

Many terms (dating violence, battering, relationship violence, spousal abuse) have been used to describe the pattern of coercive and abusive tactics employed by one partner in a relationship to gain power and control over the other partner. Relationship violence can take many forms including physical violence, coercion, threats, intimidation, isolation, and emotional, sexual or economic abuse. Some warning signs of abusive behavior include:

• getting too serious, too fast about the relationship
• is jealous and possessive towards you, and doesn't like you spending time with your friends or family
• tries to control you by giving orders, making all the decisions, wanting to know where you are at all times
• threatens you; uses or owns weapons
• is violent and short-tempered
• pressures you for sex or is forceful around sex
• blames you for provoking the mistreatment you get ("you made me do this," "you asked for it")
• humiliating you in public or in front of friends, by calling you names, insulting you etc...
• doesn't take your opinion seriously or ignores your feelings
• in the context of an argument they hit the wall in anger, drive recklessly, throw things, grab you and "forced you to listen"
• physical abuse: restraining you, pushing, hitting, kicking, blocking or cornering you

Young women between the ages of 16 and 24 experience the highest rates of violence by current or former intimate partners, according the U.S. Department of Justice. All of the behaviors listed above are warning signs, or "red flags" of an abusive relationship, so if you have experienced any of the above behaviors you may be at risk. If you think you are a victim of dating violence, it's important to talk to someone you trust about what you are going through. If the first person you talk to doesn't help, talk to someone else. It's normal to feel scared and confused, but the abuse is not your fault and you can't change your partner. It will not stop and it is actually more likely that it will get worse over time. If you are in an abusive relationship, here are some ideas for increasing your safety:

• Stay in touch with your friends and involved in the activities you enjoy
• Tell your family what is happening, ask them to screen phone calls and visitors
• Try not to be alone. Tell your friends what is happening. Ask them to walk to classes with you and to spend time with you at lunch
• Always carry a phone or extra change, so you can call for help if you need it.
• Make a list of phone numbers including 911, the SAC Hotline at 706-802-0580 and friends that you can call on when you're upset
• Trust your instincts. If you feel you're in danger, get help immediately
• Anytime you go out, let other people know when and where you are going
• When you break up with your partner, do it in a public place, and let your friends know when and where you'll be. This can often be the most dangerous time for a victim.

Healthy Relationships

An abusive relationship is characterized by a pattern of coercive control. In contrast, healthy relationships allow for egalitarian treatment of both partners and are characterized by mutual respect. Evidence of a healthy relationship includes some of the following characteristics:

Respect - listening to one another, valuing each other's opinions, seeing each other as an equal, and listening in a non-judgmental manner. Respect also involves attempting to understand and affirm the other's emotions.

Trust and Support - supporting each other's goals in life and respecting each other's right to his/her own feelings, opinions, friends, activities and interests. It is valuing one's partner as an individual. Neither partner restricts the other to stereotypes based on gender.

Honesty and Accountability - communicating openly and truthfully, feeling safe to share feelings of fear or insecurity, admitting mistakes or being wrong, recognizing the validity of the other's feelings, and accepting responsibility for one's self.

Shared Responsibility - making relationship decisions together, mutually agreeing on a distribution of work which is fair to both partners.

Economic Partnership - making financial decisions together and making sure both partners benefit from financial arrangements.

Negotiation and Fairness - being willing to compromise, accepting change, and seeking mutually satisfying solutions to conflict.

Sexual Respect - each partner respects the other's sexual values, respects their partners wishes regarding sex and their right to say no when they are uncomfortable.

Non-threatening Behavior - talking and acting in a way that promotes both partners' feelings of safety in the relationship. Each partner respects the physical space of the other. Both should feel comfortable and safe expressing him/herself and in engaging in activities of one's choice.

A Dater's Bill of Rights

1. I have the right to refuse a date without feeling guilty.
2. I can ask for a date without feeling rejected or inadequate if the answer is no.
3. I do not have to act macho.
4. If I don't want physical closeness, I have the right to say no.
5. I have the right to start a relationship slowly, to say "I want to know you better before I become involved."
6. I have the right to be myself without changing to suit others.
7. I have the right to my own body, thoughts, opinions, and property.
8. I have the right to change a relationship when my feelings change. I can say, "We used to be close, but I want something else now."
9. If I am told a relationship is changing, I have the right not to blame or change myself to keep it going.
10. I have the right to an equal relationship with my partner.
11. I have the right not to dominate or to be dominated.
12. I have the right to choose and keep my friends.
13. I have the right to change my goals whenever I want to.
14. I have the right to change my mind about having sexual contact, and I have the right to stop sexual contact at any time.
15. I have the right to tell someone I do not like the way I have been treated and to end the date or relationship.
16. I have the right to be treated with respect.

Sexual Harassment
 

What is Sexual Harassment?

Sexual harassment often results from the behavior of someone who has obvious power over you. However, co-workers, fellow students, and even people on the street can also be guilty of sexual harassment even though they may have no particular power over you. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex and the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made an explicit or implicit term or condition of an individuals academic performance or employment; or
• Submission to or rejection of such conduct is used as the basis for decisions about academic evaluations, employment, promotion, transfer, selection for training, performance evaluation, etc.; or
• Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive educational or work environment or substantially interferes with a student's academic performance or an employee's work performance.

Types of Sexual Harassment

Physical: unwelcome physical or sexual touching, up to and including sexual assault; impeding someone's movements, cornering, or following her or him around.

Verbal: sexual comments, jokes or propositions; pressure for social or sexual activities; requests or demands for sexual favors tied to work or academic.

Nonverbal: whistling in a suggestive manner; visual displays of inappropriate or degrading sexual images, leering or staring, obscene gestures, graffiti.

Hostile Environment: when unwelcome sexually harassing conduct is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational or work environment.

Facts About Sexual Harassment

• Women are nine times more likely than men to quit jobs because of sexual harassment, five times more likely to transfer, and three times more likely to lose jobs.
• Sexual harassment is a form of sexual discrimination that violates Title VII and or Title IX Civil Rights Legislation
• Sexual harassment is about power, it is not about sex, being attracted to someone, flirting, or giving someone a compliment.
• Sexual harassment is part of the continuum of violence against women
• 83% of girls and 79% of boys report having ever experienced harassment in schools. (AAUW, Hostile Hallways, 2001)
• Although large groups of both boys and girls report experiencing harassment, girls are more likely to report being negatively affected by it. (AAUW Hostile Hallways, 2001)

What Can I Do if I Am Being Harassed?

If you are being sexually harassed, seek support from someone you trust. Say no to the harassment by telling the harasser that you are offended by their behavior and that it is sexual harassment. You can put it in writing by writing a letter to the harasser detailing exactly what behavior you want stopped. Keep a copy of any letters sent or received. Find out if others have been harassed and if they might be willing to come forward with you. In addition, you may want to document what is happening, by keeping a journal including the details of the behavior, when it happened and who was involved. Find out if sexual harassment policies are in place. If they are, use them; if not ask why no policies exists. Sexual harassment is illegal and there are laws to protect your rights. Contact SAC to find out more about what you can do to stop what is happening.

Stalking

Stalking is one person's harassing, obsessive or threatening behavior towards another person. Basically, any repetitive, unwanted contact between a stalker and a victim or any direct or indirect behavior that threatens or places fear in that person constitutes stalking. According to the National Center for Victims of Crime, 77% of female and 64% of male victims know their stalker.

The legal definition of stalking is defined primarily by state statutes. While statutes vary, most define stalking as a course of conduct that places a person in fear for their safety. Anyone can be a victim of stalking. Dating and domestic violence survivors can be victims of stalking. Domestic stalkers often use threats that only the victim will recognize. These behaviors include but are not limited to, the following:

• Non-consensual (unwanted) communication or contact, including face-to-face, telephone calls, voice messages, electronic mail, instant messaging, written letters, unwanted gifts, etc.
• Harassment, either by the individual or through a third party
• Pursuing or following
• Surveillance or other types of observation
• Persistent physical approaches and/or requests for dates or meetings
• "Coincidental" appearances where you are
• Use of electronic devices or software to track or obtain private information
• Trespassing, vandalism

Who Are Stalkers?

Stalkers can be anyone. A stranger, another student, a co-worker, an ex-boyfriend, or a spouse. Stalkers can be male or female. Stalkers tend to be obsessed with their intended victim, and are often very controlling, jealous, manipulative people. A victim can best assess the stalker's potential for violence. Likewise, a victim can best choose what action to take in order to stay safe. This may mean hiding, pressing charges and then hiding, or staying and utilizing the law enforcement community and courts.

The sad truth is no one can promise the victim that if she/he hides, the stalker will not find her or him. Even with the best efforts, it is impossible for law enforcement officials and the court system to guarantee the complete safety of the victim. The victims, usually women, live in constant fear of their stalkers. The impact of stalking on victims is commonly minimized by our society.

What To Do If You are Being Stalked

Get Help - Consider going to the police and file criminal charges and/ or obtain a protective order. The situation will not go away by itself. Protective orders may, however, increase the threat of violence. Only you know what action is right for you.

Tell your stalker to stop - You or your attorney can send a registered letter to the stalker stating that he/she must stop the behavior immediately.

Tell someone - Do not attempt to deal with the situation alone - Tell a friend or family member about the stalking and document the stalker's behavior. List date, time, place, what happened, any witnesses, and give a copy of the information to a friend or relative for safekeeping. Give friends, co-workers, relatives and neighbors a description of the stalker. Ask them to watch for the stalker, document everything they see and give a written account to you.

Never underestimate the stalker's potential for violence - Take all threats seriously. Not all threats are verbal; some nonverbal threats may be the sending of unwanted notes, cards, or gifts.

Do not attempt to communicate with the stalker at all - The stalker may misinterpret this communication as a form of encouragement.

Form a contingency plan - Keep all critical phone numbers handy. Use an answering machine to screen your calls and get an unlisted number. Keep a packed suitcase in the trunk of the car or in a ready location for a quick departure. Keep some money reserved for emergencies. Keep gas in the car, back up keys with a friend you trust, and always alert law enforcement and family and friends of the situation and potential crisis.

Save Everything - Save all written material. Date all cards, letters, notes and envelopes you have from the stalker. Keep all legal documents. Get copies made of warrants, protective orders, court orders, etc..

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