RINJ Universal Legal Definitions
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1. Rape
2. Sexual Assault
3. Was I Raped?
4. When Combatants Rape in War Zones it is a War CrimeBecause of the inherent coerciveness of armed conflict, The RINJ Foundation adduces that in any instance a combatant in a war zone has sexual contact with a civilian, a rape and therefore a War Crime has been committed.
Index 5. Who can be raped?
Go to top of page 6. Rape Crime Predominantly Victimizes Women and Children
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Female Genital Mutilation (FGM) is a violent sexual assault of a high order of criminality at many levels. FGM is usually committed against female babies, children, or women, without consent. The claimed purpose of the crime of FGM is protection of personal property inasmuch as the female is considered to be a chatel or 'property' and the alleged "protection" of FGM is the curbing of female promiscuity since the vicious attack on the genitals damages many nerve endings thus destroying sexual pleasure and blunting libido. This is a crime equal to or greater than rape in its violence and consequences. It is a sinister conduct practiced all over the world in concealed places. The perpetrators of FGM are often performing the FGM violence on many victims and therefore the sentencing for FGM criminals should reflect the impact of the crime.
Index 7. What are common consequences of rape for survivors?Following a sexual assault, due to the severe psychological loss, feelings of wholeness, strength, trust and self control are lost. The physical impact of sexual assault involves a higher chance of having a sexually transmitted disease (STD), unwanted pregnancy, chronic pelvic pain, gastrointestinal tract disorders, gynecological and pregnancy complications, migraine headaches, back and facial pains. The psychological impact can include shock, denial, fear, confusion, anxiety, withdrawal, guilt, distrust of others, emotional detachment, depression, post-traumatic stress disorder, and eating/feeding disorders including unhealthy eating habits. The social impact can include strained relationships, less emotional support, less frequent contact with friends and family, and a lower likelihood of marriage. In some countries, complete ostracization and death can be the social impact. ‣
Overall, research suggests the rate of false allegations of rape are no higher than those of other crimes (Kelly, Lovett, and Regan, 2005).
8a. ConsentIn the absence of clear, positive agreement for sexual contact there is no consent. Lack of consent is the crucial component of sex crime. Sexual conduct becomes criminal when sexual touch is not consented to, either because the offender forces another person to be sexual against his or her will, or because the other person is considered incapable of consent or to have a diminished mental capacity to give consent. 8b. Those who are deemed incapable of consent include:
8c. Minors Can't Consent Thus Sex with a Minor by an Adult is RapeThe possible exception would be in regions where local law specifies an exception. This would relate to sex between minors. Sex with a minor above a certain age (i.e.: 14 years of age or more but not yet 16, the age of consent) is criminalized only if the offender is older than the victim by a certain number of years (i.e.: teenage boy friend/girl friend of close age.) In other words, 14-year-old-children or near 14, having sex with children over 14 but not yet at the age of consent at 16. One needs to know local laws to understand "exceptions". Generally around the world, there are no exceptions and sex with a person below the age of consent is a very serious crime. RINJ advocates a global age of consent of 16.
Looking at the extremes in age of consent.
8d. Diminished Consent Sex by a Person in Authority or a Mental Health Care Provider is a crimeMany nations criminalize diminished-consent sex between a person in authority, such as a teacher, police officer or prison guard, and someone over whom that person has authority, like a student, a person in police custody, or a prisoner. The rationale for criminalizing this conduct is that the capacity to consent is diminished by the authority that the teacher or other authority figure has over the student or other person. Sex is sometimes criminalized between a psychotherapist or other mental health care provider and a client or patient, on the grounds that the nature of the relationship and the client's vulnerable position makes the client or patient incapable of knowing, voluntary consent. 9. Legal Defence Against Rape ChargesDefendants charged with rape have the usual defenses available to all criminal defendants, starting with 'It was someone else who did this rape.' A defendant can also claim that the sexual activity was consensual and therefore not rape. In a rape case, there can be significant questions about what constitutes consent or what constitutes refusal. This has led to the infamous question of when does 'No' mean 'No?' Does the word constitute a lack of consent as soon as it is spoken, or must the victim object more vigorously? Another possible defense is an insanity plea, in which the defense argues that the person accused of rape is mentally ill and did not have the capacity to control his behavior, to form criminal intent to do the rape, or to understand what he was doing or that his actions were unlawful. Index10. Gender Violence - What does that Mean?Gender violence is a complex issue that includes a variety of aggressive acts like relationship violence in heterosexual and same sex partnerships, and also rape, sexual assault, sexual harassment, stalking, prostitution, confinement, restraint, forcible oppression, and even sex trafficking. Gender violence is nearly always seen in crimes of genocide. "Gender-based violence" (GBV) as a phrase is most often used to convey the idea that the violence serves to maintain some type of structural gender inequality, and in reality includes all types of violence against women, children, adolescents, gay and transgender people. This type of violence in some way influences or is influenced by gender relations Gender is also the most powerful predictor of rape, sexual assault and relationship violence. Statistically these crimes are predominantly against women and perpetrated by men. Gender violence highlights a male-patterned violence in war zones and in 'peace-time': a prevalent violence committed most often by men, often motivated by aggression, revenge, competition, and entitlement, and includes sexual and other violence against women, partners and children. ‣
Research suggests the type of intoxicant involved in a rape case influences jurors' decisions. In scenarios involving the 'date rape drug', Rohypnol, jurors are far less inclined to hold the rape complainant responsible for sexual intercourse than if the intoxicant was alcohol. This can be attributed to the fact that alcohol is more socially acceptable than drugs, and its use by men to 'loosen' up otherwise reluctant sexual partners has been normalised within society (Finch and Munroe, 2006).
11. RINJ seeks universal penalty increases for rape & attempt rape.Preamble: Current penalties seem ineffective in preventing recidivism. (i.e.: Very few men rape but those that do rape often.) The RINJ Foundation urges the Court to follow these sentencing guidelines on conviction of a rapist:
Top 12. Go to HelpLine Now If You Have Been RapedDefine 'Rape' For meWe know you may not choose to call police. We support you in any case. Go to HelpLine Now Go to top of page Please Help Rape Survivors, Donate NowDonate to The RINJ Foundation or Interac e-Transfer to the email address below. Interac e-Transfer is a simple, convenient and secure way to send money directly from one bank account direct to The RINJ Foundation's bank account.Please Donate Today
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