By:
Priscilla ( Webmaster and Editor )
BA, AAS:
Criminology/Psychology
History
of Rape
Amongst
the ancient Hebrews, who flourished about 1000
B.C. women were portrayed as more sexual than
men, and their status was inferior to that of
men. Sexual activities were supposed to be
confined to one's spouse, but women who failed to
uphold these rules was dealt with more severely
than those by males because women were considered
to be man's property. The Jewish law of that time
was defined as adultery, and was punishable by
death. According to the Hebrews, adultery
referred only to a married woman's sexual
intercourse with a man other than her husband. A
man who had intercourse with another man's wife
was charged only with the violation of the
husband's property rights. While the punishment
was severe, the man did not receive the death
penalty, only the woman did. So, if a man
committed the crime of rape (as we know it today)
the woman, or "property", was put to
death and the man escaped with a severe
punishment, but not death.
The idea that women were property is also
reflected in some Old Testament views regarding
prostitution and rape. Because a woman belonged
to a man, rape was considered theft. A man who
raped the daughter of another man could absolve
the situation by either paying the father, or
marrying the daughter. It wasn't a crime for a
father to sell sexual access of his daughter to
other men. However, if a woman chose to have
sexual relations with other men, and deprived her
father of the fee, she committed a capital crime!
This offense could result in the daughter of an
ordinary citizen being stoned to death. If the
daughter of a priest committed such an offense,
the priest could request the daughter to be put
to death by fire. Girls who had sex (or raped)
before the age of 12 had their punishment
postponed until their 12th birthday, at which
they were then stoned to death.
In 1486, two German theologians, Sprenger and
Kramer published a book called Malleus
Maleficarum which diagnosed procedures of
identifying witchcraft. Of these procedures a
woman was susceptible to witchcraft because of
her carnal (sexual) lust. This book expressed the
dangers of women's lust and their moral
depredations. Because of this on growing fear of
the enticements and evil's of a woman's sexuality
in the fifteenth and sixteenth centuries, the
attempt to "save" the community took
the form of witch hunts. A male could, therefore
"take" a woman, and because the people
of this time period believed that the woman was
evil with her seductions, the result of today's
crime of sexual assault would result in her death
and the man's cleansing of the soul.
In the nineteenth century, when the Industrial
Revolution created a middle class, the roles of
males and females began to become separated. The
dominating sexual ideals of this time was called
Victorianism. During this time period women were
expected to be passive and emotional and to
concern themselves only with their proper place,
the home. In contrast to the middle ages where
women lured men to commit sin, in the nineteenth
century the blame for lust was directly put on
men. It was during this period that a woman's
morality, taste, and feelings were more developed
than men. Thus, the evolution towards today's
sexual assault laws began to grow. Men begin to
become more liable for their roles in sexual
assault towards women.
The Victorian era was so influential that until
recently many women attempted to hid their sexual
interest and worried about
"animalistic" feelings. During the
first part of the century, men believed that it
took alot of effort to pursuade a woman to have
sex, and that it took more work to get her
aroused and orgasmic. The Kinsey group and
Masters and Johnson helped, through their
research, to partially shift these views. Today,
in some circles, females are seen as sexual, and
some argue that females are more capable of
sexual response than males are. Masters and
Johnson suggest that women are more sexual than
men because of their ability to have multiple
orgasms.
We have not completely escaped the early time
beliefs where women were thought to have magical
powers over men because of women's seductiveness.
For example, the saying "a woman's
intuition" gives the idea that women's power
of perception exceed those of men. The idea that
women provoke rape by enticing men beyond their
capability to control themselves - a belief that
degrades both women and men - is still accepted
by many contemporary North Americans.
Today, every state in the United States has a law
against sexual assault or rape, yet the specific
definition of the crime varies. In fact, in 1974
Michigan became the first state to make a rape
reform law that was intended to eliminate the
century old myths and legal traditions that were
applied to the crime of rape. Since 1974, all 50
states have modified their sexual assault laws.
The reforms include the following goals:
1) To increase the likelihood of reporting
assault, as well as the arrest and conviction
rates.
2) To make the legal standard for sexual assault
consistent with those for other crimes.
3) To increase control over decisions made in the
criminal-justice system.
4) To protect victims from demeaning treatment
during rape trials by limiting cross-
examination.
5) To sensitize and educate society about the
status and rights of women.
There are many states that do not use the term
rape anymore because of it's connotation of
forced penile-vaginal penetration. The term
sexual assault is now used so that it implies
coercive sexual contact. Many states have also
re-written their laws so that the terms are
gender-neutral and can make the offender to be
either male or female. Finally, marital status
has been stricken as a defense against sexual
assault.
The evolution from the ancient Hebrews to today's
sexual assault laws is that women as victims have
certainly come a long way! Women are now able to
make an outcry when the crime of sexual assault
occurs, and have the means to which they can
bring the perpetrator (if found) to justice.
However, rape trials can be as humiliating as the
sexual assault itself. With this in mind,
unfortunately many women choose not to even speak
of the incident.
The concept of males being victims of sexual
assault has brought today's society back to the
times of the ancient Hebrews. It seems that the
roles of males v. females have
"flip-flopped" and it is now the
opinion that males cannot be raped. I believe
this to be very untrue. In fact, in the Arab
countries, when a person is caught intruding in a
harem the person is turned over to slaves to be
used for their sexual pleasure. Rape of captive
soldiers in war is common among the Arabs,
Persians, Greeks, and Romans. This tradition,
that has been around for centuries, continues
according to the International Commission of
Geneva. In the Middle East Americans arrested on
drug charges are chained by the ankle to a bed in
prison and are left there for 24 hours to be
raped by inmates. In America, judges frequently
sentence young first time offenders to a very
short prison term, such as 30 to 90 days,
followed by five or more years probation. One
must wonder when this is done if the judge hasn't
sent the criminal to prison just long enough to
be raped before he is released. One could see how
this tactic would certainly deter a criminal from
future crime! These forms of rape of males are
used as punishment. There are many ways for men
to be raped, and it's a fact, even though many
people in the U.S. refuse to believe that it
could occur.
Even though there are many changes that could be
made, changes from the ancient Hebrews, to the
Victorian era, the Industrial Revolution and
until present have been for the better.
The law was the way it was because of society's
interpretations of the bible during biblical
times. Women was considered subservient to men
therefore women were considered man's property.
It would seem only natural in society's view,
during those periods that women could not claim
sexual abuse. The law throughout history has
changed as a result of society's changing
interpretation of religion, the Victorian and
Industrial period (where women's roles became
more profound), to the women's movement which
demanded equality. To an exceptional degree
prejudices against women have been reduced since
biblical times, a force that is certainly a
factor in the evolution from which women were
considered witches to the term sexual assault.
The question of what changes may be necessary to
improve today's sexual assault laws may include
some of the following suggestions:
1) Continuing education on the crime of sexual
assault through the use of prime-time television
commercials, and documentaries.
2) Continuing education through the use of radio.
3) Instead of internet "pop-ups", which
seem to be an annoyance that we can't seem to get
rid of, use the "pop-ups" for community
education instead of being used to entice deviant
sexual conduct.
4) Emphasize that men can be victims, as well as
women, of sexual assault.
5) Encourage victims of sexual assault to report
sexual assault offenses.
6) Educate the public of their rights against the
violation of sexual assault and ensure the
victims that humiliation is not directed at the
victim, the accused is the focus of humiliation.
MORE...
 Discrimination
and the Death Penalty
Euthanasia: Is
It Mercy or Murder?
History of Rape
Women In Prison
Employment of
Ex-Cons
Homosexuality:
Unconstitutional or Constitutional?
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