Date Rape

Literature Review

Date rape is facilitated by certain predisposing factors one of them being the psychological state of the victim or the alleged rapist. According to Taslitz (2005) self deception leads to wrong interpretation of the intentions of the other party eventually resulting to rape. The author labels this form of deception “self deception” since it is actually done consciously but at a wrong interpretation of the willingness of the aggrieved party. In most date rapes, variously referred to as acquaintance rape, it is possible for the alleged rapist to assume willingness of the victim since it usually happens at less than the expected conscious state of the victim’s awareness. The author’s paper applies an illustration of the case involving Kobe Bryant. The investigations into the former NBA superstar’s case are reported to have made sufficient findings pointing to the fact that the alleged rape resulted from self deception that amounted to wrong interpretation of willingness.

In support of the psychological interpretation of the willingness threshold in a rape case, perhaps consciousness levels for the parties need to be established in a date rape case. In a separate study, Taslitz (2006) reckons that forensic linguistics studies need to form a large fragment in decision making for unclear date rape investigations. The author presents a perspective that highlights the need for an understanding of the various communication barriers that may mislead the jury in making decisions in a case.

One of the forensic linguistic facts is the apparent use of “female language” that is perceived to be ambiguous and can result in such interpretations as would place them in the danger of being rape victims. It is demonstrated in the paper that subconscious communication biases exist against women thereby displaying them as imprecise in their expression of important information such as consent in rape cases. These biases arise from the general gendered narrative phenomenon that is depicted in various circumstances of subconscious level communication. It therefore follows that the application of forensic techniques to reveal the actual intention and willingness of a victim in disputed sexual intercourse could be resolve the uncertainty. Judgment touching on a rape case with unclear circumstances such as a date rape must therefor be made on an informed perspective that allows judges to confront prejudice and bias on consciousness of the involved parties.

In a separate account of the intricacies surrounding the psychological perception that offenders are exposed to, it is important that investigations unearthing mediators of rape. According to Langley et al (1991), it is clear that there are several factors that determine the applicability of event attributes that lead to amount to a date rape. Despite the general provision that offenders may apportion blame on the victims in their defense must be backed by enough support which details on the other factors that exonerate them. For instance, however willing a victim may appear to be, the influence of force and application of violence could be used to formulate the judgment. Detail of the degree of violence and forceful indulgence of the alleged rapist could be used to resolve uncertainty in such cases. It may appear that gender roles and interpretation of events could be applied in general biases held with regard to date rape (Gillen and Muncer, 1995). Perceptions between males and females with regard to the magnitude of date rape could be a huge contributor of the actual occurrence of such rape cases. Since rape has increasingly become a sensitive criminal law element, establishing the genuineness of the facts presented by the parties should also highlight gender perceptions against use of violence or its magnitude and the intentions of the alleged criminal. In some instances, rape cases reported before the court could be as a result of a misunderstanding between the involved parties as contributed to gender perceptions.

Besides the consciousness test required in resolving a date rape case, it is important that further psychological assessment of the scenario leading to a rape are established, especially when the rape involves aggression and supportive behavior (Bouffard and Bouffard, 2010). When details of a rape case point to a possibility of existence some link between rape-supportive tendencies that culminate in a violent attack on a rape victim, there are chances that perceptions predetermine the outcome of the encounter. The alleged rapist must display certain attitude towards the crime long before it happens due to the some risks and rewards perceptions held in advance. The author reports on a particular observable pattern that links attitudes of the alleged rapist towards possibility of being involved in an intimate relationship with the victim and the perceived rewards of being involved in the same. In light of the psychological exposure and preparedness that an alleged rapist has regarding date rapes, it is clear that there is a strong relationship between the behavior and possible rewards. Personal attitudes of the accused can be used to determine the perception of risks and rewards that rapists use to perpetrate date rapes. It is therefore clear that most crimes of this nature depend on attitude held by the offenders long before a crime is committed.

It is a very interesting case when generally and normally aggressive men get involved in cases of date rape since it gets difficult for the defense to demonstrate how natural behavior plays part in sexual violence. In future, the will be need to apply psychological mechanisms that establish the impact of natural aggression to intentions other than those facilitating perpetration of crime. According to Bryden & Sonja (1997), it is important that naturally aggressive males are protected by law from false accusations of rape. Apparently, there should be a balanced justice system that takes care of false allegations, since there is a chance of acquaintances solving problems using bizarre methods (Jennifer and Jody, 2009; Klippenstine and Schuller, 2004).

References

Bouffard, J. A. & Bouffard, L. A. (2011) “Understanding Men’s Perceptions of Risks and Rewards in a Date Rape Scenario,” International Journal of Offender Therapy and Comparative Criminology, 55(4):626-645 Doi: 10.1177/0306624X10365083

Bryden, D. P. & Sonja, L. (1997) “Rape in Criminal Law Justice System,” Journal of Criminal Law and Criminology, Retrieved from: HYPERLINK “http://findarticles.com/p/articles/mi_hb6700/is_n4_87/ai_n28696221/” http://findarticles.com/p/articles/mi_hb6700/is_n4_87/ai_n28696221/

Gillen, K., & Muncer, S. J. (1995) Sex Differences in the Perceived Causal Structure of Date Rape: A Preliminary Report. Aggressive Behavior, 21(2):101-112.

Jennifer, M. & Jody, C. (2009) “Rape Reporting: Classic Rape and the Behavior of Law,” Violence and Victims, 24(6):723-43

Klippenstine, M. A. & Schuller, R. (2004) “The Impact of Complainant Sexual History Evidence on Jurors’ Decisions: Considerations,” Psychology, Public Policy, and Law, 10(3):321-342. Doi: HYPERLINK “http://psycnet.apa.org/doi/10.1037/1076-8971.10.3.321” t “_blank” 10.1037/1076-8971.10.3.321

Langley, T., O’Neal, E. C., Taylor, S. L., & Yost, E. A. (1991) Models of Rape Judgment: Attributions Concerning Event, Perpetrator, and Victim. Journal of Offender Rehabilitation, 17(1-2):43-54.

Taslitz, A. E. (2005) “Willfully Blinded: On Date Rape and Self-Deception,” Harvard Journal of Law and Gender, 28:381-413

Taslitz, A. E. (2006) “Forgetting Freud: The Courts’ Fear of the Subconscious in Date Rape (and other) Cases,” Public Interest Law Journal, 16:145-195