Rape threat

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A rape threat is a threat made against another person of rape or sexual assault. Rape threats may often be made anonymously or online through the use of social media, and especially against social media influencers. These threats are often made against prominent people such as high-profile writers, actors, comedians and politicians.

Contents

Measure of the general prevalence of rape threats varies substantially depending on whether studies examine online social media specifically; email, text messaging or other forms of communication; threats made in person; whether rape threats are considered a form of attempted rape; and whether rape threats are considered separately from other threats of unwanted sexual contact. According to one study of college-age women in the United States, as many as 90.5% of rape threats are not reported to police, with the most common reason for failure to report being that it was unclear if the action was a crime or that harm was intended.

Law enforcement and the courts have been criticized by victims and advocates for an inadequate response to rape threat, and existing laws may often not apply to threat issues via social media. At least two cases have reached national supreme courts.

Definition

A rape threat, or the threat of rape was defined by the National College Women Sexual Victimization Study as a "threat of unwanted penetration with force and threat of force", and by the National Violence Against College Women Study as "threatened forced sexual intercourse, including both psychological coercion as well as physical force". [1] Alternatively, the National Crime Victimization Survey included threats of rape as a form of attempted rape. [2] : 13 

Prevalence

According to a 2017 report from Amnesty International, 27% of women in the United Kingdom had received "direct or indirect threats of physical or sexual violence" and 47% reported receiving "sexist or misogynistic abuse". [3]

Online harassment

Rape threats are often made online via social media as a form of online harassment, especially against women. [4] [5] According to English columnist Laurie Penny, "every female writer she knows has received threats of violence and rape." [6] : 174  Australian author Emma Jane, described her career writing a weekly column as a "14-year rape-threat-a-palooza". [7] According to Karla Mantilla, editor of the academic journal Feminist Studies, "Rape and death threats are so common that they are almost the rule rather than the exception when women are trolled or harassed online." [8] : 51  [9]

According to one study of 134,000 abusive comments on social media, 88% were found to occur on the platform Twitter, another 8% occurred on Facebook, and the remainder on various forums and blogs. [10] [lower-alpha 1] Another review by Demos identified 100,000 uses of the word rape on Twitter between December 2013 and February 2014 and estimated that 12% of them were threatening. [11]

Another examination found that 9% of women in Australia and 9.6% of women in the United Kingdom reported receiving "comments, email or text messages threatening sexual assault". For the UK, this was more common for women age 20 to 24 (%19.6) followed by women age 25 to 29 years of age (%17), while in Australia women age 40 to 44 was the most affected group (%13.5). [6] : 174 

Against politicians

According to a 2016 study of lawmakers from 39 countries by the Inter-Parliamentary Union, 44.4% of elected female representative had been threatened with rape or violence while in office, and 65.5% reported that they had received "humiliating remarks of a sexual or sexist nature" either "several times" or "often". [12] [13] One respondent in particular reported that they had received over 500 online rape threats via the social media platform Twitter over the course of four days. [13]

Threats against politicians have received increasing coverage resulting in a number of high-profile cases. In 2018, the Indian Minister for Home Affairs ordered police in Mumbai to pursue legal action in the case of rape threats made via Twitter against the 10-year-old daughter of politician Priyanka Chaturvedi. [14] Also in 2018, in connection with the Brett Kavanaugh Supreme Court nomination, the offices of a number of US politicians received threats of violence and rape, including that of Dianne Feinstein. [15] In 2014 Indian actor and Member of Parliament Tapas Paul issued a public apology after threatening to "let loose [his] boys" to rape members of the opposing Communist Party of India. [16] A widespread social media campaign was launched in support of Ghanaian Supreme Court Justice Georgina Theodora Wood following public rape threats against her. [17] In the United Kingdom, Member of Parliament Jess Phillips has called for an end to anonymity for Twitter users after receiving over 600 rape threats in a single night. [18]

In 2018, Deserae Morin, a Republican who ran for the Vermont House of Representatives, received a letter that called her a "cunt" and said, "First, we will rape you for days. You will scream and know that agonizing horror." [19]

In college

In a review of two national studies of college women in the United States, Fisher found that the incidence rate of verbal threats of rape was reported for between 0.01% and 0.48% of respondents. [1] [lower-alpha 2]

In a 2000, the US Department of Justice's published the results of their The Sexual Victimization of College Women, in which they collected data on four types of threats: [lower-alpha 3]

Table showing the reported instances of threatens rape and sexual assault among women attending college in the United States DOJ The Effects of Survey Question Wording on Rape Estimates Extent of Victimization Table.png
Table showing the reported instances of threatens rape and sexual assault among women attending college in the United States

The results indicated that 0.31% had received rape threats, compared with 1.7% who had been the victims of rape. In total, 0.18% had been threatened with contact using force or threat of force, 0.22% had been threatened with penetration without force, and 0.34% had been threatened with contact without force. [2] : 16  They found that, of those who had received rape threats, 54.8% occurred off campus, and that 81% of those who received rape threats had taken measures to protect themselves, but that 90.5% of cases were not reported to police. [2] : 20–4  The most common reasons for failure to report threats to police were that:

Law enforcement and the court system have received criticism for trivializing the issue of rape threats. [6] : 174  In her widely cited 2014 in the Pacific Standard ,  Amanda Hess recounted police on two separate occasions dismissing her reports in response to receiving rape threats online. [lower-alpha 5] As the director of the Cyberbullying Research Center told Vice , existing laws often do not cover the use of social media. [21]

When challenged in at least two cases that reached national supreme courts, the Canadian court found in favor of the plaintiff, while that in the United States found in favor of the defendant.

R v. McCraw

In the case of R v. McCraw, the Supreme Court of Canada considered whether rape threats were considered threats of bodily harm under the nation's Criminal Code. The defendant had anonymously sent typed letters to three women graphically detailing sexual fantasies and promising that "I'm going to fuck you even if even if I have to rape you". The courts originally ruled that the letters were not culpable threats, because they constituted "adoring fantasies", and because, as they saw it, "rape does not necessarily involve serious bodily harm or even bodily harm." This was overturned by the Supreme Court, citing that "Rape is an act of violence, not just a sexual act. It is a crime that is likely to have serious psychological consequences and may, as well, have serious physical effects." [22] [23]

Elonis v. United States

In the case of Elonis v. United States the defendant Anthony Elonis had been convicted of four counts related to a series of rape and death threats made on Facebook against his former wife, in addition to threats made to co-workers, a kindergarten class, the local police, and an FBI agent. [lower-alpha 6] He was fired from his job for the posts, his wife was granted a three-year protective order against him, and he was eventually sentenced to 44 months imprisonment. Elonis asked the court to dismiss the charges, arguing that these were a form of artistic expression and a therapeutic release. His wife testified that she had perceived the posts as threats, stating she "felt extremely afraid for mine and my children’s and my family’s lives." The Supreme Court of the United States ruled in favor of Elonis, that the government had failed to demonstrate he intended the remarks to be taken as threats. [24] [25] [26]

See also

Notes

  1. ↑ These included all abusive comments, and were not confined to instances of rape threats.
  2. ↑ With an average of 0.31%, and 95% confidence interval of between 0.15% to 0.48% for the National College Women Victimization Study, and an average of 0.07%, with a 95% confidence interval of between 0.01% and 0.014% for the National Violence Against College Women Study. [1]
  3. ↑ Data was based on a national telephone survey of 4,446 women who were attending a 2- or 4-year college or university during fall 1996. The sample was limited to schools with at least 1,000 students and was stratified by the size of the total student enrollment (1,000–2,499; 2,500–4,999; 5,000–19,999; 20,000 or more) and the school’s location (urban, suburban, and rural). Schools were randomly chosen using a probability proportional with the size of the total female enrollment. [2]
  4. ↑ Respondents were permitted to give more than one response for their rationale for not reporting.
  5. ↑ Reprinted verbatim, "Happy to say we live in the same state. Im looking you up, and when I find you, im going to rape you and remove your head." [20]
  6. ↑ These included statements, characterized by Chief Justice John Roberts as "crude, degrading and violent", including passages such as that to his wife stating "If I only knew then what I know now... I would have smothered your ass with a pillow, dumped your body in the backseat, dropped you off in Toad Creek and made it look like a rape and murder," and of an FBI agent who visited his home in response to the threats, "Pull my knife, flick my wrist, and slit her throat" [24] [25]

Related Research Articles

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape, or the torture of the person in a sexual manner.

A proportion of victims of rape or other sexual violence incidents are male. Historically, rape was thought to be, and defined as, a crime committed solely against females. This belief is still held in some parts of the world, but rape of males is now commonly criminalized and has been subject to more discussion than in the past.

Sexual assault in the United States military sexual violence and harassment

Sexual assault in the United States armed forces is an ongoing issue which has received extensive media coverage in the past. A 2012 Pentagon survey found that approximately 26,000 women and men were sexually assaulted that year; of those, only 3,374 cases were reported. In 2013, a new Pentagon report found that 5,061 troops reported cases of assault. Of the reported cases, only 484 cases went to trial; 376 resulted in convictions. Another investigation found that one in five women in the United States Air Force who were sexually assaulted by service members reported it, for one in 15 men.

Rape culture Society in which rape is pervasive and normalised

Rape culture is a setting, studied by several sociological theories, in which rape is pervasive and normalized due to societal attitudes about gender and sexuality. Behaviors commonly associated with rape culture include victim blaming, slut-shaming, sexual objectification, trivializing rape, denial of widespread rape, refusing to acknowledge the harm caused by sexual violence, or some combination of these. It has been used to describe and explain behavior within social groups, including prison rape and in conflict areas where war rape is used as psychological warfare. Entire societies have been alleged to be rape cultures. It is associated with rape fantasy and rape pornography.

According to a U.S. Department of Justice study, men rape and sexually assault Native American and Alaskan Native women more than 2.5 times than any other ethnicity. The same study shows that non-Native men victimize Native American women the most by all races out of all populations in the United States.[1] Homicide is the third leading cause of death for Native American and Alaskan Native girls between the ages of 10 and 24 and the fifth leading cause of death for women 25 and 34. H.R.2733 — 116th Congress (2019-2020) Furthermore, studies have shown Native American women living on the reservation are murdered ten times the national average, and 80% experienced violence in their lifetime. NamUS generated a study that found Alaska, Arizona, California, New Mexico, Oklahoma, and Washington to have statistically higher rates of missing Indigenous females than any other state in the U.S. The increased violent acts against Native American and Alaskan Native women are the Missing and Murdered Indigenous Women and Girls crisis.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, or where the person is under threat or manipulation, or with a person who is incapable of valid consent.

Rape by gender classifies types of rape by the sex and/or gender of both the rapist and the victim. This scope includes both rape and sexual assault more generally. Most research indicates that rape affects women disproportionately, with the majority of people convicted being men; however, since the broadening of the definition of rape in 2012 by the FBI, more attention is being given to male rape, including females raping males.

Statistics on rape and other sexual assaults are commonly available in industrialized countries, and are becoming better documented throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading. In some jurisdictions, male-female rape is the only form of rape counted in the statistics. Countries may not define forced sex on a spouse as rape. Rape is an under-reported crime. Prevalence of reasons for not reporting rape differ across countries. They may include fear of retaliation, uncertainty about whether a crime was committed or if the offender intended harm, not wanting others to know about the rape, not wanting the offender to get in trouble, fear of prosecution, and doubt in local law enforcement.

Rape Type of sexual assault usually involving sexual intercourse without consent

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

Rape in the Philippines is considered a criminal offense. In Philippine jurisprudence, it is a heinous crime punishable by life imprisonment when committed against women. Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years.

Intimate partner sexual violence (IPSV) deals with sexual violence within the context of domestic violence. Intimate partner sexual violence is defined by any unwanted sexual contact or activity by an intimate partner in order to control an individual through fear, threats, or violence. Women are the primary victims of this type of violence.

A false accusation of rape happens when a person says they have been raped, but in fact no rape has occurred.

Rape in the United States is defined by the Department of Justice as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." While definitions and terminology of rape vary by jurisdiction in the United States, the FBI revised its definition to eliminate a requirement that the crime involve an element of force.

Campus sexual assault is the sexual assault, including rape, of a student while attending an institution of higher learning, such as a college or university. The victims of such assaults are more likely to be female, but any gender can be victimized. Estimates of sexual assault, which vary based on definitions and methodology, generally find that somewhere between 19 and 27% of college women and 6–8% of college men are sexually assaulted during their time in college. In 2007, 23 psychologists conducted a study in which 47% of women in the United States have been sexually assaulted or raped in the past year. This was very beneficial to many other researchers in the same field.

Rape in Germany Sexual violence in Germany

Rape in Germany is defined by Section 177 of the Criminal Code of Germany. The definition of rape has changed over time from its original formulation in the penal code established in 1871, as extramarital intercourse with a woman by force or the threat. In 1997 laws were amended to criminalize marital rape, incorporate gender-neutral language, and recognize the effect of psychological coercion. In 2016 German laws were rewritten to remove a previous requirement that a victim physically resist their assailants and be overcome by force. The new law recognized any physical or verbal cue that one party does not consent to sexual contact. It also mandated deportation for migrants convicted of sexual assault, made it easier to prosecute rapes committed by groups, and criminalized other types of unwanted sexual contact, such as groping or fondling. The changes followed a series of high-profile cases that sparked public outrage at the inadequacy of the law.

Sexual violence in Finland Overview of sexual violence in Finland

Sexual violence is defined as the use of force or manipulation to get someone to engage in unwanted sexual activity without his or her consent. Such violence takes place in both heterosexual and homosexual relationships, as well as outside intimate relationships. All sexual offenses violate the basic right of sexual self-determination. In Finland, sexual violence and taking advantage of a person is always a crime, even if the assaulter was the victim's spouse, relative or their friend. Sexual offences include but are not limited to rape, forcing someone into a sexual act and taking sexual advantage of a person. The victims of sexual violence are predominantly women, but 26 percent of Finnish men have experienced sexual harassment since their 15th birthday.

After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying.

Research consistently shows that the majority of rape and other sexual assault victims do not report their attacks to law enforcement. Reasons for not reporting include fear of reprisal, shame, uncertainty about whether a crime was committed, or a belief that an incident was not sufficiently serious enough to report. As a result, researchers generally rely on surveys to measure sexual violence that is not reported to the police. Estimates of campus sexual assault measured on surveys vary across populations and over time, however a recent review concluded that a "reasonable average" of around 1 in 5 (20%) of women were sexually assaulted during their time in college. And although much of the research on sexual assault has focused on college campuses, there is evidence that non-students of the same age are actually at higher risk than college students.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

  1. 1 2 3 Fisher, Bonnie S. (15 December 2008). "The Effects of Survey Question Wording on Rape Estimates". Violence Against Women. 15 (2): 133–147. CiteSeerX   10.1.1.695.4535 . doi:10.1177/1077801208329391. PMID   19126832. S2CID   3246982.
  2. 1 2 3 4 5 Fisher, Bonnie S.; Cullen, Francis T.; Turner, Michael G. (December 2000). "The Sexual Victimization of College Women" (PDF). National Institute of Justice, Bureau of Justice Statistics. Retrieved 13 December 2018.
  3. ↑ "More than a quarter of UK women experiencing online abuse and harassment receive threats of physical or sexual assault - new research". Amnesty International . November 20, 2017. Retrieved 12 December 2018.
  4. ↑ Dewey, Caitlin (December 17, 2014). "Rape threats, then no response: What it was like to be a woman on Twitter in 2014". The Washington Post . Retrieved 12 December 2018.
  5. ↑ Henriques, Gregg (January 13, 2014). "What Justifies a Rape-Threat Tweet?". Psychology Today . Retrieved 12 December 2018.
  6. 1 2 3 Powell, Anastasia; Henry, Nicola (29 June 2017). Sexual Violence in a Digital Age. Palgrave Macmillan UK. ISBN   978-1-137-58047-4.
  7. ↑ Jane, Emma A. (19 October 2016). Misogyny Online: A Short (and Brutish) History. SAGE Publications. ISBN   978-1-4739-2715-5.
  8. ↑ Mantilla, Karla (31 August 2015). Gendertrolling: How Misogyny Went Viral: How Misogyny Went Viral. ABC-CLIO. ISBN   978-1-4408-3318-2.
  9. ↑ "Contributor: Karla Mantilla". Women's Media Center . Retrieved 14 December 2018.
  10. ↑ Edwards, Jim (April 17, 2015). "One statistic shows that Twitter has a fundamental problem Facebook solved years ago". Business Insider . Retrieved 13 December 2018.
  11. ↑ "Research & Statistics". Women's Media Center . Retrieved 13 December 2018.
  12. ↑ Kale, Sirin (October 26, 2016). "Nearly Half of Female Politicians Have Been Threatened with Rape or Violence". Broadly (Vice Media). Retrieved 12 December 2018.
  13. 1 2 "Sexism, harassment and violence against women parliamentarians" (PDF). Inter-Parliamentary Union . Retrieved 12 December 2018.
  14. ↑ Sandhu, Kamaljit Kaur (July 3, 2018). "MHA directs Mumbai Police to take legal action over rape threats issued to Priyanka Chaturvedi's daughter". India Today . Retrieved 14 December 2018.
  15. ↑ Irby, Kate (September 20, 2018). "Feinstein's office receiving 'threats of bodily and sexual harm against staff'". McClatchy . Retrieved 14 December 2018.
  16. ↑ "India MP Tapas Pal apology over rape threat". BBC. July 2, 2014. Retrieved 14 December 2018.
  17. ↑ Mubarik, Abu (March 8, 2016). "Ghanaians rise in defense of Chief Justice Georgina Wood". Pulse. Retrieved 14 December 2018.
  18. ↑ Rawlinson, Kevin (June 11, 2018). "Labour MP calls for end to online anonymity after '600 rape threats'". The Guardian . Retrieved 14 December 2018.
  19. ↑ "'My Comrades Will Kill You': Pipe Bombs Sent in Year of Many Death Threats Against Politicians". 25 October 2018.
  20. ↑ Hess, Amanda (January 6, 2014). "Why Women Aren't Welcome on the Internet". Pacific Standard . Retrieved 14 December 2018.
  21. ↑ Carroll, Leah (July 13, 2016). "Police Care About Online Threats—When They're Directed at Police". Vice Media . Retrieved 14 December 2018.
  22. ↑ Kathleen, Mahoney (1989). "R. v. McCraw: Rape Fantasies v. Fear of Sexual Assault". Ottawa Law Review . 21 (1): 207–220. Retrieved 12 December 2018.
  23. ↑ B.Comm, Lyndon Maither, CFE. "The 325": The Supreme Court and Our Criminal Code and Ors. Lyndon Maither. GGKEY:0FTS7PYUQ7A.
  24. 1 2 Text of Elonis v. United States, 575 U.S. ___(2015) is available from:  Justia    Oyez (oral argument audio)    Supreme Court (slip opinion)  
  25. 1 2 Liptak, Adam (June 1, 2015). "Supreme Court Overturns Conviction in Online Threats Case, Citing Intent". The New York Times . Retrieved 14 December 2018.
  26. ↑ Lempert, Richard (December 16, 2014). "Elonis v. U.S.: Scoundrels and the First Amendment". Brookings Institution . Retrieved 14 December 2018.
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