Rape

From WikiLectures

Rape (§185 Cr.z.) is defined as: "whoever forces another to have sexual intercourse by violence, or the threat of violence, or the threat of other serious harm, or who abuses his defenselessness for such an act, shall be punished by imprisonment for six months to five years .”

Of course, the punishments are more severe if the offense was committed against a child or if it has particularly serious consequences. It is clear from the definition that the offense can also be committed in the homosexual guard.

The main motive of rape is to achieve sexual excitement and sexual satisfaction of the perpetrator. Some interpretations emphasize non-sexual motives, especially the effort to demonstrate dominance over the attacked object through forced coitus. According to our data, 13% of women report that they have ever been forced to have sex. About the same number of women survived an incomplete rape attempt. However, only a small part of these actions were reported to anyone.

The perpetrators of rape are most often young men under the age of 30, as is the case in the entire field of sexual aggression. With age, the risk of committing a sexually aggressive crime decreases substantially. Rape perpetrators' relationship to victims is not always completely indifferent. More than half of rape perpetrators are men who are recruited from the victim's neighborhood. They belong to her relatives, friends, acquaintances or co-workers. The incidence of these known persons appears to be particularly high in those cases of rape that go unreported.

The main risks for raped women are:

  •     unwanted pregnancy
  •     sexually transmitted disease infection and
  •     physical or psychological trauma. Secondary traumatization of raped women due to repeated interrogations and unsparing behavior by those around them is high. It's not just police procedures. Also, the judicial hearing of the case can be a source of very unpleasant situations. During these trials, most perpetrators try to discredit the victim in every possible way and thus reduce their credibility.

The issue of qualified treatment of these women, their counseling and legal protection remains unresolved. Above all, a raped woman needs comprehensive care, which must be unbiased and gentle. The effort to find and punish the perpetrator is a matter for the police and should not be solved at the expense of the psychological state of the raped woman.

We repeatedly meet in professional, but mainly in lay circles, the claim that a woman cannot actually be raped. These people believe that if the perpetrator does not have a definite physical advantage, then the woman will always defend herself. However, this is a completely incorrect statement. The main manipulation mechanism of sexual aggressors is fear. Violence and threats usually serve precisely to instill fear and thus break the victim's resistance. There is a similar emotional situation as during a robbery. Many a robbed man could no doubt effectively resist the offender if he could and if he dared. As a rule, people are not trained in physical combat. Therefore, in the case of aggressive crimes, mindless measurement of the weight and height of the perpetrator and the victim cannot be applied. Rape can hardly be prevented by increasing women's fighting abilities. Women should use more passive defense techniques. Above all, do not expose yourself to unnecessary risk. Recognize the risk in time and avoid it. Do not move alone in night streets and parks. Not seeking intimate situations with men they know next to nothing about. In a situation of threat of rape, the only and truly effective technique is surprisingly little used. This is the escape, regardless of the items or money left behind.

Aggression in homosexual relationships is not nearly as rare as it is sometimes thought. Homosexual men are sometimes very aggressive towards each other. There is more violence in the relationships of adult homosexuals with teenage partners. The man may be forced to endure anal coitus, to perform fellatio, or to masturbate the attacker. We have repeatedly encountered the description of sexual aggression in lesbian relationships. Here, especially those lesbians who style themselves masculine force other women to tolerate their sexual practices by violence or threats.

Only a small part of crimes of rape are committed by persons with a qualitative disorder of sexual motivation. Therefore, we do not find sexual deviance in the vast majority of offenders. However, where paraphilia is present, it represents a marked disposition to specific relapse. It should therefore be thoroughly analyzed and treated.

It is not without interest how much sexual violence spreads in times of war and public violence. Practically, we cannot find a single major military conflict and revolution without an epidemic of rape and other sexually aggressive acts. This connection also shows that sexual violence is a phenomenon that has broad socio-cultural consequences. If we are to fight against the occurrence of sexually aggressive crimes, we must do so primarily by promoting a critical attitude of the public towards the romantic-violent image of men as fighters and conquerors.

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Author: doc. MD Jaroslav Zvěřina, CSc. (priority of the Institute of Sexology 1. LF and VFN)

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