The Victims of Violence



The Victims of Violence


Carroll Ann Ellis




There is not a day that goes by that I do not see the evil face of violence that destroyed the me that was.

A Victim Survivor

Victims of violence know full well the pain and disruption caused in their lives by the criminal and vile acts committed against them. They are forced to deal with violence in an immediate and direct manner, which sets the stage for law enforcement, prosecutors, judges, victim advocates, criminal justice agents, medical professionals, mental health specialists, and criminologists to deal with all the devastating dimensions of violence. When these professionals and their systems work, they represent a powerful response to the often incomprehensible problems posed by violence. The true experts on violence are its victims, who help the helpers gain the knowledge and understanding needed to create effective programs to support victims and ensure the effectiveness of systems for holding criminals accountable for their acts. It is from the victims that we are able to discern the medical, physical, psychological, and financial impact of criminal behavior. Victims often need medical care, emotional support, and financial help for injuries serious enough to be life threatening, mutilating, or disabling. In the aftermath of violence, medical professionals, as key responders to the pervasive problem of violence, are called upon to invoke their power, strength, and compassion; utilize developments in science and technology; and have direct contact with victims.

Victims are individuals who experience the physical, mental, emotional, and financial anguish of crime; individuals who witness the crime episode; and the community left reeling with fear and disgust in the wake of criminal behavior. Violent crime must be considered in relationship to its impact on not only the tens of thousands of victims who suffer from the willful acts of violence but also the agents of the medical profession and the criminal justice system, and all other responsible agents and systems, including the community at large.

This chapter discusses sexual assault, domestic violence (violence inflicted by one intimate partner on another, including adolescents), family violence (any violence within a family unit), stalking, human trafficking, elder abuse, and child victimization in the context of the vital role of helping professionals and health care workers. Practical strategies for the care of victims will be offered as a general guideline on their rights, needs, and desires as human beings. Crime victims need to be informed about their rights as victims, as guaranteed by law, in terms, words, and ways they are able to understand. They also need to be informed about the services available to address their needs. They must be provided with access to these services to utilize them. They need help in understanding the criminal justice system and the physical, emotional, and mental reactions they may experience as a result of the crimes committed against them. And certainly, they have a need for safety, which can come only when well-constructed and well-orchestrated processes are in place. The needs of victims are fundamental: the ability to obtain help and support, some assurance of protection from any further harm at the hands of the offender and other forms of revictimization, knowledge and information
about the criminal justice process and their ability to participate in it, and the expectation that the offender will be held accountable for the crime. Crime victims in every category need to know that the individual or individuals responsible for their victimization are being held accountable for their crimes by a competent criminal justice system. They also need to know that medical professionals are knowledgeable about the victim’s experience and will respond accordingly. Finally, victims need to know that they and their experiences are valued in helping to ensure that others are not subjected to the same kind of criminal events or to the failures of the systems intended to help and protect.

Violent acts can occur suddenly and unexpectedly and are traumatizing to the victim. Chronic, insidious acts inflicted over a long period, which leave the victims with feelings of intense fear, helplessness, and loss of control, trust, and hope, are just as damaging. Aphrodite Matsakis, PhD, said, “Just as the body can be traumatized, so can the psyche. On the psychological and mental levels, trauma refers to the wounding of your emotions, your spirit, your will to live, your beliefs about yourself and the world, your dignity, and your sense of security” (1). Understanding the trauma associated with criminal victimization is the first step in addressing the special needs of victims. The neurobiology of trauma—the connection between the body and the mind and trauma—explains the behavior and reactions of victims who struggle to cope with their encounter(s) with violent acts committed against them. This chapter is about victims—individuals who become the targets of violent behavior—who experience trauma. This chapter offers information to health care providers who are the gateway to treatment and are skilled in giving comfort, support, and relief to victims of crime. Medical professionals must be equipped with information about victim issues and be knowledgeable about the effective programs, strategies, and resources available to address the special needs of victims. Further, medical professionals must continue in their efforts to act in collaboration with allied professionals, criminal justice agents, and advocates on behalf of the victims of violence.


The Victim’s Experience


Like one who seeks to warn the city of a pending flood, but speaks another language…so do we come forward and report that evil has been done to us.

Bertolt Brecht, German poet and playwright, 1898–1956

I provide supportive services to victims of crime, from the vantage of a Victim Services Unit within the Criminal Investigations Bureau of a large police department. The painful, chilling, and humiliating abuse of the human body and spirit is a major element of my daily journey. I have witnessed firsthand the pollution that violent crime leaves in its wake. I often feel as though I am trapped in the belly of the whale—some large, powerful animal that thrashes about—so large, in fact, that it encompasses every aspect of the criminal justice system from the moment the crime occurs throughout its aftermath—while trying to help small fish swim out into safe waters. Through police-based victim service programs, victim advocates provide immediate and direct services and possible solutions to a victim’s conflict. Working from within the system, one sees what victims of crime—most of them solid citizens, ordinary people living each day, just like you and me—encounter when faced with traumatic situations. For unsuspecting victims, crime is an ugly reality of circumstance that landed them in their own personal chamber of horror.

Imagine what a victim of sexual violence experiences when being forced by a rapist to submit to a physical act so degrading and abusive that it causes a disconnection from all previous coping techniques for survival. The criminal act is animalistic, nauseating, frightening, controlling, injurious, and painful. Victims of sexual violence experience the criminal act on several levels: the rapist not only invades and destroys the victim’s innermost privacy, body parts, and concept of self but is also a robber who damages and steals property. And the criminal act is only the beginning. If the truth is to be known to the system, then rape victims must report the crime. For many victims, the decision to report the crime is overshadowed by their fear of revictimization at the hands of the system. Rape victims, for instance, must submit to an investigation that is not always sensitive and often begins with being told not to wash, shower, rinse, urinate, or remove their clothing until their body (which is evidence) and their clothing (which is evidence) can be “processed.” Injury, disease, and pregnancy are immediate concerns and all too often become reality for some victims. The rape victim, regardless of age or gender, is again forced to submit, this time to an examination, which generally includes consenting to the photographing of intimate body areas. The victim is made aware that the photographs may be used as evidence in a court of law. A rape victim must submit to being touched by a medical examiner in places the rapist defiled and degraded. This early medical procedure is the victim’s introduction to the legalities of the criminal justice system. Victims become aware that they are “cases” requiring study, examination, and analysis. All these procedures must occur before the victim can finally retreat to the privacy of a shower stall or bathtub to wash away the ravage of the event and the
strain and stress of the examination. This process is taxing and dehumanizing; yet it is also a necessary component of the total response to the victims of sexual violence, and it should be conducted with sensitivity and expertise. Medical professionals are trained and skilled in helping victims withstand the process. Still, there is no preparation, planning, or training for the victim, who is at the center of the process and of all subsequent system responses.

It is not enough to deal with the trauma of physical injury from violence. Victims must also cope with the aftermath of the experience, and effective systems must work together to intervene with support, solution, and justice. Victims of crime experience extended trauma, which must be recognized as an area for scientific study, leading to a systematic approach that will enhance our current methods of addressing the needs of victims. Medical systems provide sensitive and expert assistance to sexual assault victims. Victims report they are being helped through medical examinations with compassion and discernible explanations of the procedure and the necessary aftercare.

Victims of domestic violence withstand bodily injury in the form of bruises, lacerations, broken noses, loss of eyesight, burns, broken limbs, punctured eardrums, and other disfigurements. The victims of this type of crime are seen most often in emergency departments, by family doctors, and in health clinics. Yet, too many physicians treat only the illnesses and injuries associated with the violence; in some cases, physicians fail to identify the violence. Even when violence has been recognized, too many physicians do not have adequate training or education that enables them to respond appropriately to the insidious problem of violent relationships. The victim is sometimes unable to share information with the physician because the batterer may be present. The victim may be unaware of the principle of patient confidentiality and is probably operating under the batterer’s constant threat to life.

Domestic violence victims are often caught up in a complex relationship, in which abuse occurs on several levels: violent behavior, emotional cruelty, psychological threats to the victim and other family members, and financial/economic abuse. Although there are numerous theoretic explanations for the causes of domestic violence, no one theory is generally agreed on because of the dynamics involved in each abusive relationship. Victims suffer from feelings of shame and humiliation; as a consequence, they are frequently reluctant to discuss the abuse in some instances, particularly with a physician whose efforts they believe are directed toward mending the wound and not necessarily its cause.

One of the most tragic examples of system failure involved a woman who was tortured over a number of years by her husband. He inserted objects into her vagina and pulled large chunks of her hair from her head. He punched, kicked, and slapped her, particularly in the lower back area, and she was often treated for what they both described as her tendency to fall due to clumsiness. This victim was treated for kidney problems and other complaints over a 2-year period without any inquiry about domestic violence. The victim finally left her abuser, who resorted to stalking her in an attempt to regain the control that he needed. As she entered the parking lot at her place of employment one morning, her husband inflicted a fatal stab wound to her abdomen.

After deciding to leave the abusive situation, this woman had sought help from local authorities, used the system for protective orders, discussed her fractures with her doctor, informed her place of employment about her husband’s behavior, and even developed safety plans. Despite the abuser’s intent to destroy her, this victim might have been saved through early detection of danger, recognition of indicators, appropriate system intervention to address the abuser’s behavior, and effective safety support strategies that included collaborative efforts by allied professionals. This case also represents a system that failed to remove the abuser from the home, recognize his behavior as being criminal, and support the victim’s attempts to escape the situation. All too often, such abuse is undetected by the system until it reaches monumental proportions.

Coupled with domestic violence is the sinister crime of stalking, which involves conduct and behavior by the stalker directed at a person with the intent of having the person fear for his or her safety and/or that of family members. Stalking is the act of repeatedly following, viewing, telephoning, writing letters, and indulging in other types of threatening behaviors intended to control, create fear in, and “possess” the victim. Domestic stalking, or the stalking of domestic violence victims, generally occurs after the victim has ended the relationship with the stalker. The victim is stalked as if for revenge for having left the offender.

Victims of domestic violence seek help from medical professionals more often than from any other type of support and care. Health care professionals are in a prime position to identify the dynamics of domestic violence through careful examination of certain symptoms, reactions, and indications, which will alert them not only to physical violence but also to emotional and sexual abuse. Recognizing that medical illness and physical injury can result from domestic violence and that proper medical intervention can prevent further violence and its consequences, the American College of Emergency Physicians encourages emergency personnel to screen patients for domestic violence and offer
contact information about local shelters, advocacy groups, and legal assistance to patients who are or may be experiencing domestic violence (2).

The health care approach of prevention, prevention/intervention during the early stages of a medical condition, followed by treatment/prevention is now being applied successfully to combat the global problem of domestic violence. To this end, great strides have been made in educating the public about the gravity of this form of criminal behavior. Special programs have been developed to meet the needs of victims of domestic/family violence, yet more effort is needed to overcome the centuries of acceptance of violent behavior toward women. The goal is to permeate and saturate cultural thinking to a state of intolerance to violent behavior of any sort. The enormous problem of domestic/family violence is still fueled by its cultural entrenchment (attitudes that foster and perpetrate violence toward women) and the lack of consistent response to the violence. Consistent health care responses by professionals along with all other responding agents (including protocols, procedures, and policies for victim care) must be in place throughout the nation.

The elderly are victims of crime less often than other age-groups. When they are abused, they are subjected to a dehumanizing denial of dignity as they strive to adjust to the aftermath of crime. They can suffer from different forms of exploitation coupled with physical and sexual abuse and neglect imposed by caregivers, who are frequently family members. Is there a greater insult than to live a long life with an expectation of peace, safety, contentment, and integrity in the final stages of life, only to have these longings destroyed by callous, violent behavior? Erikson’s identification of the core crisis of the elderly—integrity versus despair—takes on a greater dimension in the face of crimes against this age-group. Those who feel few regrets achieve ego integrity; they have lived productive and worthwhile lives and have coped with their failures and their successes (3). The failure to achieve integrity leads to feelings of despair, hopelessness, guilt, resentment, and self-disgust. In the aftermath of violent crimes, elderly victims can experience intense feelings of isolation, be hampered in their ability to care for their spouse, face reduced income, and feel increasingly dependent on others.

Recognition of elderly crime victims and interventions for their care have increased; as a result, the specific problems of this group of victims are now being addressed. Domestic violence, sexual assault, and even murder are still often overlooked because of factors commonly associated with age. The medical profession must lead in the effort to ensure that the elderly population is understood. Elderly victims may be forced to live with family members or in respite care following victimization. For the elderly, such major life changes can affect their independence and concept of self. Diminished physical abilities, frailty, decreased financial resources, and loss of mobility are all issues to be considered when treating elderly victims.

Children also are victims of physical assault, sexual assault, neglect, and emotional trauma. They suffer abuse at the hands of parents (male and female), relatives, caregivers, and strangers. Witnessing violent episodes in the home among family members/household members imposes a tremendous psychological toll on children and increases their risk for behavior problems as they develop and grow into adulthood. Without therapeutic intervention, many abused children will grow up to become abusers or candidates for serious revictimization (4). It is intolerable that so many children witness sexual violence, physical assault, domestic violence, and even murder. Their lives are affected by what they see, and, unless intervention occurs at an early stage, the effects can be long lasting.

One of the pioneers in bringing the tragic world of child abuse to the attention of pediatricians in particular and the medical community in general is Martin Finkel, founder of the Camden County Coalition Against the Sexual Abuse of Children (in New Jersey). For more than 20 years, Dr. Finkel has aimed to improve the “system” through research and the provision of direct services to abused children (5). His staff of clinical psychologists, pediatricians, researchers, support staff, and outreach personnel work together to address the immediate problems of each child while providing help that can avoid the predictable outcomes of child sexual abuse.


The Aftermath of Crime


I died in Auchwitz but no one knew it.

Charlotte Delbo

For victims, crime is a process endured from its inception throughout its execution and eventual aftermath, which is often a continuum of reverberating pain and anguish. Individuals who endure criminal insult often develop certain health conditions, which can be directly linked to the stress associated with the crime event. The insult of crime extends to the financial inconvenience of replacing stolen and destroyed items, living with continuous pain and discomfort, and being forced to readjust one’s life to accommodate the havoc and stigma caused by the offender.

At the moment of the crime event, a relationship erupts between the offender and the victim—the victim/offender dyad. Experiences, interactions, reactions, feelings, injuries, and events born of the dyad constitute the core of both the injury and insult
to the human body and spirit. This relationship forms the experience of and is in essence the victim episode. It is vital to the healing of crime victims to have their experience receive sensitivity, validation, and support from people charged with the responsibility for responding to their special needs. Responders must recognize the effects of crime on victims, be aware of the victim’s tremendous needs in the aftermath of the crime, and take measures that will address those needs.


Services for Victims


Although the world is full of suffering, it is also full of the overcoming of it.

Helen Keller

There are still pockets in this nation where victim services are ineffective. Even more amazing is that in areas where services to victims can be interlocked, customized, and guaranteed, the major components and agencies have failed to adopt a multidisciplinary, collaborative approach that would ensure the provision of vital services. Health care, mental health, religious, and social service agencies must work closely with police officers and detectives, prosecutors, judges, court personnel, correction professionals, and victim assistance providers to create a holistic approach to the many needs of victims. In the past, these professionals have not necessarily shared the same goals, nor were they necessarily amenable to working together. Turf issues, lack of knowledge and understanding of each other’s roles and responsibilities, and limited knowledge about victims’ issues and concerns were all responsible for inadequate systems. Law enforcement, criminal justice agencies, and allied professionals are working together more than ever before to cooperate and understand the separate but equally important roles that each must play in the overall response to victims. During meetings of stakeholders in child advocacy centers, it can be difficult to distinguish the police from the social workers and the medical professionals. This represents the ideal relationship of concerned, enlightened, and skilled professionals working with one accord as they address the needs of victimized children.

The victim episode, in many instances translated and recounted by the victims themselves, serves as a guide for developing specialized programs, fostering collaboration, and ensuring professional association in a system response to the victims of crime. As stated by Schornstein, “Doctors must treat the injuries and address the cause. Otherwise, the treatment is superficial and ineffective to prevent future injury” (6). Whether from medical expertise required in legal or criminal investigation, treatment, education, medical science, or research and technology, there is an overriding need for the health care community to provide frontline services for victims of crime. McAfee (7) emphasized the role of physicians in this effort:


The AMA can bring its organizational resources to bear on a national agenda [of violence prevention through publications and advocacy].…However, the true success of our commitment will come when we as physicians, treating patients one at time, make a difference by breaking the cycle of violence that engulfs people’s lives.

There is increasing evidence that crime-related trauma takes a toll on the long-term physical health of victims. Crime victims have higher rates of health care utilization than people who have not been victimized (8). Compared with nonvictims, female victims have higher rates of several behavioral problems that jeopardize well-being: heavy alcohol and drug use, drunk driving, smoking, bulimia, and obesity.


Victimology

The attention given to crime victims, their issues and concerns, and the responsibility of our institutions and agencies, including legislation that guarantees rights for victims, has given birth to victimology, the study of the victims of crime. Victimology examines the relationships experienced by victims as a result of encounters with systems and agencies during the aftermath of crime. Victimology is concerned with family; community; criminal justice; legal, mental, and health care systems; the media; and defender relationships, which are the core of the victim episode. It is now a recognized discipline, conducting exciting research and holding great promise for improved support of the victims of crime.


Victim Assistance

Victim assistance is help and support for victims and witnesses of crime, emanating from a prosecutor’s office, police department, judicial program, or corrections and from nonprofit victim groups. Through victim assistance organizations, victim specialists and advocates trained to reach out to victims provide special services based on legislated victims’ rights in each state.


The Violence Paradox


Violence “speaks” of an intolerable condition of human shame and rage, a blinding rage that speaks through the body.

James Gilligan, MD (9)


In their book The Anatomy of Motive, Douglas and Olshaker proclaim that every crime is a mystery story with a motive at heart, which can often explain violent sociopathic behavior (10). They expose the devious nature of violence and the irreversible harm it causes to the recipients. In their discussion of predatory behavior, they conclude that criminals, despite family background, intelligence, or emotional stability, choose to commit their acts of violence. Certainly, deviant behavior, as a choice that results in abuse and injury, is as old as recorded history. The magnitude of these choices continues to be grave, complicated, distressing, and of tremendous concern to society. Human violence remains the same: a manifestation of senseless, bizarre, incomprehensible acts inflicted on people who become victims of heinous crimes. From a historical perspective, most societies developed basic response systems for the management of violent behavior. However, early response systems were never adequate to address the length and breadth of violence in any society. Today, because of the combined efforts of criminal justice agencies, medical and mental health professionals, and members of the faith, business, educational, and legal communities, our response systems are making a difference in the lives of crime victims.

Violence, even as a means to achieve socially acceptable ends, is destructive, deprecating, dominating, painful, and, most importantly, unnecessary in any context. Criminologists, forensic psychiatrists, and correctional professionals can help us understand violence, but they often view the problem from their own field, which tends to preclude awareness of the lasting effect of violence on its victims. Dr. James Gilligan, former medical director of Bridgewater State Hospital for the Criminally Insane, believes that different forms of violence are motivated by shame. The purpose of violence is to diminish the intensity of the perpetrator’s shame and replace it with the opposite feeling, pride (9). Conversely, victims of violence frequently experience feelings of shame, anger, rage, low self-esteem, helplessness, and defeat as a result of the perpetrators’ efforts to eliminate their own uncomfortable feelings at the expense of the victim. For victims, the exposure creates a lasting relationship with perpetrators and their deeds. Such an injustice is not singular but is perpetrated on the entire society and is, quite simply, an outrage. Further outrage is that for every reported case of violence there are countless numbers of cases and instances of violent crimes in these categories and others that are not reported through the established gates of entry for help. The medical profession should be the gatekeeper for those victims who out of necessity seek medical help. Early detection of abuse, particularly in children, will diminish the number of children forced to live with the pathology of criminal behavior. The insult of victimization demands not only moral and legal consideration but also response to the causes of violence, treatment of the causes, and utilization of this knowledge to prevent further violence.


Sexual Assault


[Sexual assault] is a metamorphosis. Although the event is external, it is quickly incorporated into the mind, where it replicates itself, like a virus. There is no defense. And yet life goes on.

Nancy Venable Raine (11)


Consider

By the age of 34, Karen had undergone a mastectomy and reconstruction breast surgery, earned a law degree, and was balancing a successful career. She was raped in her home by a 19-year-old man. He entered her garden apartment through an open window around 2 AM and subjected her to 3 hours of physical, emotional, and psychological torture engineered through painful and humiliating acts. He raged and tormented her, calling her unspeakable names and demanding that she “shut up.” He defiled and destroyed her apartment while demanding that she give him cash. He ripped the earrings from her ears and hurled items about the room in search of money. His sexual violence was engineered through vaginal penetration and forced anal and oral sodomy. She sustained vaginal tearing and anal injury. She had facial and neck bruises and swelling from slaps, blows, and choking. Her back and buttocks were scratched, and she had multiple superficial stab wounds on her upper torso. Her front tooth was chipped when her head was banged against the edge of the bathtub. Karen was kicked repeatedly in the lower back and side. She underwent extensive surgery to repair the damage to her spine and kidneys. In addition, her hands bore the cuts and slashes from the knife used to force her into submission. Karen still bears the scars of her upper chest stab wounds. She was beaten and threatened with death if she reported the incident. Before fleeing Karen’s apartment, the rapist promised to return. When Karen finally received help, the rapist kept his promise and returned to Karen’s apartment, in the early hours of a subsequent morning, expecting to continue his rampage of violence. When he returned, he was arrested, and Karen underwent nearly 2 years of court trials before the rapist was finally sentenced to a prison term of 65 years. Part of his conviction was based on the effective collection of evidence by a sexual assault nurse examiner (SANE).


After several surgeries and ongoing medical attention, Karen describes her life today as having been derailed from its former track; she has disconnected from previous relationships, and her activities have diminished in scope. No longer living alone, she describes her fear of being left alone in her parents’ large house, “I cannot sleep until everyone is in the house. My windows must be closed at all times and I am afraid of the dark. I still wake up in the night terrified that I will be attacked again and no one will hear my cries for help. I avoid men, particularly young men.” Karen is no longer with a law firm but is now working as a sales clerk in a bookstore. She is quick to offer that she considers herself lucky to be alive and is grateful for encounters with a criminal justice system and allied professionals who were knowledgeable about the “victim episode.”

The physical injuries sustained during Karen’s fateful ordeal have long since healed. What remains is the insult of injury; it is an infestation of conflict. One of the major residuals of violence for victims is the stigma associated with the crime. Karen’s residuals are manifested by her vow of celibacy, inability to resume her former career, medical expenses, financial needs, lingering legal matters, and safety issues. Karen’s needs were addressed by a continuum of care and support, which began from the moment her call for help was received by police emergency services. The call set into motion a response system that included criminal justice agencies and trained allied professions working together to achieve common goals. After 5 years, Karen is entering therapy.

The system of response worked for Karen. She was interviewed by knowledgeable detectives and treated at the hospital emergency department by sensitive medical professionals. A medical examination was conducted promptly, procedures were explained, and hospital protocol was followed. Karen received a nonjudgmental approach from examining practitioners, which helped reduce her anxiety and support her empowerment. She received individual care and treatment, which took into consideration her physical history with all its complications. During the initial phase of Karen’s aftercare, a victim service provider arrived at the hospital to ensure that Karen was receiving psychological support, to serve as a liaison with family and friends, and to provide information about victims’ rights, the criminal justice system, and available services. Karen received a complete explanation of all procedures, as well as reasons for and protocols associated with evidence collection. The examination was conducted, and Karen was referred for physician evaluation and treatment for her other injuries. However, this interaction with the health care system was only the beginning.


Victims’ Reactions to Rape

Professor Ann Burgess, a psychiatric nurse, and Lynda Lytle Holmstrom, a sociologist, first described the reactions of rape victims as rape trauma syndrome (12). The short-term effects include denial, shock, disbelief, disruption, and feelings of guilt, shame, blame, and hostility. The long-term effects may be more deeply rooted, causing phobias and sexual problems and affecting the victim’s ability to “function.”

Rape victims have very specific concerns (13):



  • Safety of self


  • Safety of children


  • Mistrust of men/husband/dating


  • Frustration with impaired sexuality


  • Frustration with impaired emotional intimacy


  • Loss of self-esteem, self-respect, and level of functioning


  • Perceptual distortion


  • Marriage/dating problems


  • Divorce


  • Concern about the rapist being released and looking for them


  • Fear of being revictimized

In addition, subsequent events occur in the lives of many rape victims that lead to additional emotional trauma and financial expense. These constitute secondary victimizations:



  • Divorce


  • Loss of sexual desire


  • Cost of home safety equipment


  • Cost of self-defense classes


  • Cost of counseling (both victimization and marriage/family)


  • Change of job


  • Lack of information about legal procedures


  • Fear of acquired immunodeficiency syndrome


Definition of Sexual Assault

Each crime category has its distinct markings. Rape is a violent crime engineered through sexual acts that are forced and degrading. The idea is to control, humiliate, force, harm, and overpower the victim. We have long since moved beyond the old myths surrounding rape and sexual assault as being invited, confined only to women, stranger motivated, and uncommon. Sexual assault does not always transpire between a female victim and a stranger lurking in the dark. Rape occurs between acquaintances, which makes the act no less disgusting and degrading. Rape defies age and gender. Victims are children, elderly people, people with physical or mental disabilities, and anyone who falls prey to the predator. Women
are the victims of rape and sexual assault most often, but men are also raped.

Current definitions of rape include male and female children and adolescents, as well as men and women, as victims. Rape by acquaintance and forced oral or anal sex are also considered to be rape and sexual assault. These more recent expansions have come about after years of definitions that have varied widely from state to state. The Illinois Criminal Sexual Assault Statute is considered the national model for a broad definition of rape (14,15). It has the following characteristics:



  • Rape is defined as “gender neutral,” which broadens earlier definitions of rape so that it now includes men and women.


  • It includes acts of sexual penetration other than vaginal penetration by a penis.


  • It distinguishes types of sexual abuse on the basis of the degree of force or threat of force, similar to the “aggravated” versus “simple” distinction of physical assaults.


  • It recognizes threat and overt force as a means of overpowering the victim.


  • It introduces a new category of rape: taking advantage of an incapacitated victim. These victims include the mentally ill and people under the influence of drugs or alcohol. (Some states require that the perpetrator had to give the victim the intoxicant in order to obtain sexual access.)

Most states do not define “rape” as broadly as that set forth in the Illinois statute.

At the federal level, a 1986 statute (Federal Criminal Code, Title 18, Chapter 109A, Sections 2241–2243) defines two types of sexual assault (14):



  • Sexual abuse: causing another person to engage in a sexual activity by threatening or placing that person in fear or engaging in a sexual act if that person is incapable of declining participation in or communicating unwillingness to engage in that sexual act.


  • Aggravated sexual abuse: when a person “knowingly causes another person to engage in a sexual act…or attempts to do so by using force against that person, or by threatening or placing that person in fear that the person will be subjected to death, serious bodily injury, or kidnapping; when a person knowingly renders another person unconscious and thereby engages in a sexual act with that person, or administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that person to appraise or control conduct and then engages in a sexual act with that person.”


Male Rape

Sexual assault and abuse are not restricted to women and children; men are also sexually assaulted and therefore require services designed to meet their specific needs arising from sexual assault and domestic violence. Male victims also experience the debilitating aftermath, with the added dimension of myths, gender stereotyping, and the stigma associated with male vulnerability to victimization (16). Men and boys are reluctant to report the crime of rape; as a consequence, male rape is grossly underreported and undertreated (17).

Many state codes do not recognize male rape unless the man has been raped by a woman. The more commonly used term for male rape by another man is sodomy (forced anal or oral sex).

Most male rape victims are raped by other men, in the sense that they are forced to submit to anal intercourse, oral sex, mutual masturbation, masturbation of the offender, or other sex acts. Fear of bodily harm can cause a man to have an erection; therefore, a man can be raped by either a man or a woman. In addition, men can be raped by women in that they can be coerced or intimidated into sexual behavior they do not desire. Furthermore, a percentage of sexual abuse is perpetrated by adult females on young boys. It is a myth that only gay men are raped. Most male rape victims do not report their assaults, nor do they receive medical attention or counseling. Male victims suffer from feelings of shame and a sense of guilt, associated with the stigma of sexual contact with another male.

Data on the reactions to and specifics of male sexual assault are limited; however, it is believed that the shock of sexual assault is greater in male rape victims than in female victims because of societal conditioning, which prepares a female for the possibility of rape. Male victims may be led to question their sexual orientation on the basis of being subjected to what is considered a nonmasculine episode. Male victims may suffer sexual malfunctions because of sexual assault. They are often isolated, and their needs for victim services go unmet because of the lack of information about the problem, reluctance of providers to commit to services, lack of trained and skilled personnel to adequately address their needs, and system’s insensitivity to male victims of sexual assault. Medical sensitivity, public education, and training of professionals who deal with the victims constitute a start toward greater initiatives in treatment, research, and program development.


Rape

Stranger rape is among the most feared of all crimes. It is a rape executed by a person or persons who have
had no previous contact with the victim. However, most rape victims (approximately 75%) know their assailants, perhaps only casually (18,19,20,21,22). Acquaintance rape occurs among college students more than any other age-group (23). They may have a close relationship, may have dated steadily, and may even have been sexual partners. Nonstranger rapes are commonly not reported because of the difficulty in prosecution, the stigma, and the lack of information about the right to receive victim services (24). Many victims of rape do not label their experience of being forced to have sex as “sexual assault.” However, the fact that a gun or knife was not used does not eliminate the trauma experienced by the victim. The shame of rape in any context is so overwhelming that the victims may not report it, particularly in nonstranger rape; they wonder who will believe them. In giving voice to their experience, victims are sometimes met with telling reactions from the listener, which mirror shame to victims. Victims of acquaintance rape are often blamed for the incident, thereby placing the responsibility for the rape on the victim. Nonstranger rape may account for most rapes committed each year, but its incidence cannot be measured because of the failure of victims to report it.

Rape in which a more defined relationship exists between the individuals at the time of the event is underreported, difficult to prosecute, and extremely prevalent. These types of rapes are made more complex by dating norms and the extent of the relationship between the people involved. Victims may take responsibility for the event because they chose to date the offending individual. They experience the additional burdens of betrayal, self-accusation, and personal failure in being able to select dating partners. Like other types of acquaintance rape, date rape is common and difficult to prosecute. Dating behavior is defined by dating expectations. Men may expect that sex will be part of the dating experience; women may want a sense of commitment before they become intimate in a relationship.


Marital Rape

Recognition of a woman’s right to say no to sex within the state of marriage is responsible for the term marital rape. The legal definition of rape varies, but many states have adopted a proactive stance on this underreported type of sexual assault. In Virginia, for example, a person is guilty of rape if he or she has sexual intercourse with his or her spouse against the spouse’s will, by force, threat, or intimidation. To make a charge of marital forced sodomy, or marital object sexual penetration, a victim must be living apart from her spouse or have suffered bodily injury when the husband forced the wife to have oral or anal sex or penetrated the wife’s vagina or anus with an object or forced her to penetrate herself with an object against her will. If the victim is residing with her husband and has not suffered serious physical injury, the husband is still guilty of marital sexual assault if he has, through force, threat, or intimidation, sexual intercourse, oral sex or anal sex with his wife against her will, penetrates his wife’s vagina or anus with an object, or forces his wife to penetrate herself with an object.

In relationships in which violence is a common and recurring process, sexual assault is considered an appendix of the violence. Approximately 40% to 45% of physically abused women are also forced into having sex (25,26,27). Forced rape is seldom reported and is often used by the spouse rapist as punishment, retaliation, or bargaining tool in custody issues. Sexual assault is tied to patterns of abusive behaviors associated with domestic violence. This type of forced sex is connected to the belief still held by some that a woman is obligated to submit to her husband on demand.

Aug 28, 2016 | Posted by in EMERGENCY MEDICINE | Comments Off on The Victims of Violence

Full access? Get Clinical Tree

Get Clinical Tree app for offline access