{{Short description|Type of sexual assault usually involving sexual intercourse without consent}} {{About|a form of human sexual assault|rape among non-human animals|Sexual coercion among animals|other uses|Rape (disambiguation)}} {{protection padlock|small=yes}} {{Use dmy dates|date=September 2025}} [[File:Prado - Los Desastres de la Guerra - No. 09 - No quieren.jpg|thumb|''They do not want to'' (plate 9 of ''[[The Disasters of War]]'') by [[Francisco Goya]], 1863<ref>{{Cite journal |last=Bouvier |first=Paul |date=December 2011 |title='Yo lo vi'. Goya witnessing the disasters of war: an appeal to the sentiment of humanity |url=https://www.cambridge.org/core/product/identifier/S1816383112000379/type/journal_article |journal=[[International Review of the Red Cross]] |language=en |volume=93 |issue=884 |pages=1107–1133 |doi=10.1017/S1816383112000379 |issn=1816-3831 |quote=Goya continues the theme of women in war with three scenes of rape. Their titles speak for themselves: ''They do not want to'' (plate 9), ''Nor do these'' (plate 10), and ''Neither do these'' (plate 11), as if there were a need to remind us that rape is rape, and nothing less than a crime. [...] His images invite us not to reduce violence to the acts themselves but to turn our attention to the experience of the victims. He invites us to plunge our eyes into those of the victims, to look at the situation from the victims’ perspective, with compassion and humanity.|url-access=subscription }}</ref>]]{{Rape sidebar}} '''Rape''' is a type of [[sexual assault]] involving [[sexual intercourse]], or other forms of [[sexual penetration]], carried out against a person without their [[consent]]. The act may be carried out by physical force, [[coercion]], [[Abusive power and control|abuse of authority]], or against a person who is incapable of giving valid consent, such as one who is [[Unconsciousness|unconscious]], incapacitated, has an [[intellectual disability]], or is below the legal [[age of consent]] ([[statutory rape]]).<ref name="Chapter 6">{{cite web |title=Chapter 6: Sexual Violence |publisher=[[World Health Organization]] |date=2002 |url=https://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng.pdf?sequence=1 |access-date=11 April 2021 |archive-date=10 August 2023 |archive-url=https://web.archive.org/web/20230810080252/http://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng.pdf?sequence=1 |url-status=live }}</ref><ref>{{cite journal |last1=Schulhofer |first1=Stephen J. |date=2017 |title=Reforming the Law of Rape |url=https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1577&context=lawineq |journal=Minnesota Journal of Law & Inequality |volume=35 |issue=2 |page=335}}</ref> The wrongness of rape is not merely, or on many occasions even primarily, the violence against the body of the victim but the violence against the very [[person]] of the victim.<ref>{{Citation |last=Gardner |first=John |title=The Wrongness of Rape |date=2000-03-23 |work=Oxford Essays in Jurisprudence |pages=193–218 |editor-last=Horder |editor-first=Jeremy |url=https://academic.oup.com/book/50633/chapter/421302198 |access-date=2025-11-10 |publisher=Oxford University PressOxford |language=en |doi=10.1093/oso/9780198268581.003.0010 |isbn=978-0-19-826858-1 |last2=Shute |first2=Stephen |url-access=subscription }}. Author eprint: https://johngardnerathome.info/pdfs/wrongnessofrape.pdf {{Webarchive|url=https://web.archive.org/web/20260131184629/https://johngardnerathome.info/pdfs/wrongnessofrape.pdf |date=31 January 2026 }} retrieved on 10 November 2025.</ref> The term ''rape'' is sometimes used interchangeably with the term ''sexual assault''.<ref>{{cite book |editor1-last=Petrak |editor1-first=Jenny |editor2-last=Hedge |editor2-first=Barbara|title=The Trauma of Sexual Assault Treatment, Prevention and Practice. |year=2003 |location=Chichester |publisher=John Wiley & Sons |isbn=978-0-470-85138-8 |page=2 |url={{Google books |plainurl=yes |id=6KZfQ6cSVHoC |page=2}}}}</ref>
The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in [[Azerbaijan]] to 92.9 in [[Botswana]] with 6.3 in [[Lithuania]] as the [[median]].<ref name="unodc1">[http://www.unodc.org/documents/data-and-analysis/Crime-statistics/Sexual_violence_sv_against_children_and_rape.xls "Rape at the National Level, number of police recorded offenses".] {{Webarchive|url=https://web.archive.org/web/20131029210321/http://www.unodc.org/documents/data-and-analysis/Crime-statistics/Sexual_violence_sv_against_children_and_rape.xls |date=29 October 2013 }} United Nations.</ref> Worldwide, reported instances of [[sexual violence]], including rape, are primarily committed by males against females.<ref>{{Cite web |url=https://www.who.int/mediacentre/factsheets/fs239/en/ |title=Violence against women |website=World Health Organization |access-date=8 September 2017 |archive-date=14 April 2014 |archive-url=https://web.archive.org/web/20140414100345/http://www.who.int/mediacentre/factsheets/fs239/en/ |url-status=live }}</ref> Rape by strangers is usually less common than rape by people the victim knows, and [[Rape of males by males|male-on-male]] [[prison rape]]s are common and may be the least reported forms of rape.<ref>[[Human Rights Watch]] [https://www.hrw.org/legacy/reports/2001/prison/report7.html#_1_48 No Escape: Male Rape In U.S. Prisons. Part VII. Anomaly or Epidemic: The Incidence of Prisoner-on-Prisoner Rape.] {{Webarchive|url=https://web.archive.org/web/20140903190935/http://www.hrw.org/legacy/reports/2001/prison/report7.html#_1_48 |date=3 September 2014 }}; estimates that 100,000–140,000 violent male-male rapes occur in U.S. prisons annually; compare with [https://www.fbi.gov/ucr/cius2007/offenses/violent_crime/forcible_rape.html FBI statistics] {{Webarchive|url=https://web.archive.org/web/20080916010913/http://www.fbi.gov/ucr/cius2007/offenses/violent_crime/forcible_rape.html |date=16 September 2008 }} that estimate 90,000 violent male-female rapes occur annually.</ref><ref>Robert W. Dumond, "Ignominious Victims: Effective Treatment of Male Sexual Assault in Prison," 15 August 1995, p. 2; states that "evidence suggests that [male-male sexual assault in prison] may be a staggering problem". Quoted in {{Cite book |last1=Mariner |first1=Joanne |last2=(Organization) |first2=Human Rights Watch |title=No escape: male rape in U.S. prisons |url={{Google books |plainurl=yes |id=QkFfYfEO5IgC |page=370}} |access-date=7 June 2010|date=17 April 2001|publisher=Human Rights Watch|isbn=978-1-56432-258-6|page=370}}</ref><ref>{{Cite journal |last=Struckman-Johnson |first=Cindy |author2=David Struckman-Johnson |year=2006 |title=A Comparison of Sexual Coercion Experiences Reported by Men and Women in Prison |journal=Journal of Interpersonal Violence |volume=21 |issue=12 |pages=1591–1615 |issn=0886-2605 |pmid=17065656 |doi=10.1177/0886260506294240|s2cid=27639359 }}; reports that "Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape."</ref>
Widespread and systematic rape (e.g., [[war rape]]) and [[sexual slavery]] can occur during international conflict. These practices are [[crimes against humanity]] and [[war crime]]s. Rape is also recognized as an [[Genocidal rape|element]] of the crime of [[genocide]] when committed with the intent to destroy, in whole or in part, a targeted ethnic group.
People who have been raped can be [[Psychological trauma|traumatized]] and develop [[posttraumatic stress disorder|post-traumatic stress disorder]].<ref name="aaets">{{cite web |url=http://www.aaets.org/article178.htm |title=Post Traumatic Stress Disorder in Rape Survivors |publisher=The American Academy of Experts in Traumatic Stress |year=1995 |access-date=30 April 2013 |archive-date=13 September 2019 |archive-url=https://web.archive.org/web/20190913203354/http://www.aaets.org/article178.htm |url-status=live }}</ref> Serious injuries can result along with the risk of [[sexually transmitted infection]]s. Female victims face the additional risk of [[pregnancy]]. A victim may face violence or threats from the rapist, and, sometimes, from the victim's family and relatives.<ref name="zeenews.india">{{cite web |url=http://zeenews.india.com/news/uttar-pradesh/rape-victim-threatened-to-withdraw-case-in-up_694364.html |title=Rape victim threatened to withdraw case in UP |publisher=Zeenews.india.com |date=19 March 2011 |access-date=3 February 2013 |archive-date=27 February 2019 |archive-url=https://web.archive.org/web/20190227181949/https://zeenews.india.com/news/uttar-pradesh/rape-victim-threatened-to-withdraw-case-in-up_694364.html |url-status=live }}</ref><ref name="wisemuslimwomen">{{cite web |url=http://www.wisemuslimwomen.org/currentissues/stigmitizationofrape/ |title=Stigmatization of Rape & Honor Killings |publisher=WISE Muslim Women |date=31 January 2002 |access-date=3 February 2013 |archive-url=https://web.archive.org/web/20121108041415/http://www.wisemuslimwomen.org/currentissues/stigmitizationofrape/ |archive-date=8 November 2012 |url-status=dead }}</ref><ref name="bbc">{{Cite news |last=Harter |first=Pascale |url=https://www.bbc.co.uk/news/world-africa-13760895 |title=BBC News – Libya rape victims 'face honour killings' |journal=BBC News |date=14 June 2011 |access-date=3 February 2013 |archive-date=21 September 2013 |archive-url=https://web.archive.org/web/20130921101600/http://www.bbc.co.uk/news/world-africa-13760895 |url-status=live }}</ref> {{TOC limit}}
== Etymology ==
The term ''rape'' originates from the [[Latin language|Latin]] {{lang|la|[[wikt:Special:Search/rapere|rapere]]}} (supine stem {{lang|la|raptum}}), "to snatch, to grab, to carry off".<ref name = "cor">Corinne J. Saunders, ''Rape and Ravishment in the Literature of Medieval England'', Boydell & Brewer, 2001, p. 20.</ref><ref name = "Kei">Keith Burgess-Jackson, ''A Most Detestable Crime: New Philosophical Essays on Rape'', Oxford University Press, New York, 1999, p.16.</ref> In Roman law, the carrying off of a woman by force, with or without intercourse, constituted "raptus".<ref name = "Kei"/> In [[England in the Middle Ages|Medieval English]] law the same term could refer to either kidnapping or rape in the modern sense of "sexual violation".<ref name = "cor"/><ref>{{cite book |last1=Burgess-Jackson |first1=Keith |title=A most detestable crime : new philosophical essays on rape |date=1999 |publisher=Oxford University Press |location=New York |isbn=9780195120752 |page=16}}</ref> The original meaning of "carry off by force" is still found in some phrases, such as "rape and pillage", or in titles, such as the stories of the [[The Rape of the Sabine Women|Rape of the Sabine Women]] and [[Europa (consort of Zeus)|The Rape of Europa]] or the poem ''[[The Rape of the Lock]]'', which is about the theft of a lock of hair.
== Definitions == === General === {{Main|Types of rape|Laws regarding rape}} {{See also|Rape by gender}} Rape is defined in most jurisdictions as [[sexual intercourse]], or other forms of [[sexual penetration]], committed by a perpetrator against a victim without their [[consent]].<ref name="Book04">{{cite book |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of rape |url=https://archive.org/details/encyclopediarape00smit_435 |url-access=limited |year=2004 |publisher=Greenwood Press |location=Westport, Conn. [u.a.] |isbn=978-0-313-32687-5 |pages=[https://archive.org/details/encyclopediarape00smit_435/page/n190 169]–170 |edition= 1st}}</ref> The definition of rape is inconsistent between [[Public health|governmental health organizations]], [[Law enforcement agency|law enforcement]], health providers, and legal professions.<ref name="Maier2008" /> It has varied historically and culturally.<ref name="Book04"/><ref name="Maier2008">{{cite journal |last1=Maier |first1=S. L. |title="I Have Heard Horrible Stories...": Rape Victim Advocates' Perceptions of the Revictimization of Rape Victims by the Police and Medical System |journal=Violence Against Women |volume=14 |issue=7 |year=2008 |pages=786–808 |issn=1077-8012 |doi=10.1177/1077801208320245|pmid=18559867 |s2cid=12906072 }}</ref> Originally, ''rape'' had no sexual connotation and is still used in other contexts in English. In [[Roman law]], it or ''raptus'' was classified as a form of ''crimen vis'', "crime of assault".<ref>[[Justinian]], ''Institutiones'' [http://www.constitution.org/sps/sps02_j1-4.htm] {{Webarchive|url=https://web.archive.org/web/20180612143943/http://www.constitution.org/sps/sps02_j1-4.htm|date=12 June 2018}}</ref><ref>Adolf Berger, ''Encyclopedic Dictionary on Roman Law'', pp. 667 (''raptus'') and 768 (''vis'') [{{Google books |plainurl=yes |id=iklePELtR6QC }}]</ref> ''Raptus'' referred to the abduction of a woman against the will of the man under whose authority she lived, and sexual intercourse was not a necessary element. Other definitions of rape have changed over time. The International Criminal Tribunal for the former Yugoslavia considered rape as a crime that required coercion or force or threat of force against the victim or a third person.<ref>{{cite web |title=Rule 93. Rape and Other forms of Sexual Violence |url=https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule93 |access-date=17 October 2022 |publisher=International Committee of the Red Cross |archive-date=17 October 2022 |archive-url=https://web.archive.org/web/20221017232836/https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule93 |url-status=live }}</ref>
Until 2012, the [[Federal Bureau of Investigation]] (FBI) considered rape a crime solely committed by men against women. In 2012, they changed their definition from "The carnal knowledge of a female forcibly and against her will" to "The penetration, no matter how slight, of the vagina or anus with any body part or object, or [[Oral sex|oral penetration]] by a sex organ of another person, without the consent of the victim." The updated definition still excluded a man being forced to penetrate a woman from the definition of rape, which is generally recognized as the academic definition of rape.<ref>{{cite web | url=https://www.scientificamerican.com/article/sexual-victimization-by-women-is-more-common-than-previously-known/ | title=Sexual Victimization by Women is More Common Than Previously Known | website=[[Scientific American]] | date=January 2018 | access-date=3 December 2023 | archive-date=3 December 2023 | archive-url=https://web.archive.org/web/20231203212759/https://www.scientificamerican.com/article/sexual-victimization-by-women-is-more-common-than-previously-known/ | url-status=live }}</ref> However, it recognized any gender of victim and perpetrator and that rape with an object can be as traumatic as penile or vaginal rape. The bureau further describes instances when the victim is unable to give consent because of mental or physical incapacity. It recognizes that a victim can be incapacitated by drugs and alcohol and unable to give valid consent. The definition does not change federal or state criminal codes or impact charging and prosecution on the federal, state, or local level; it rather means that rape will be more accurately reported nationwide.<ref>{{cite web |url=http://blogs.usdoj.gov/blog/archives/1801 |title=An Updated Definition of Rape (U.S. Dept of Justice, January 6, 2012) |access-date=30 October 2014 |archive-url=https://web.archive.org/web/20120313021145/http://blogs.usdoj.gov/blog/archives/1801 |archive-date=13 March 2012 |url-status=dead}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2012/01/07/us/politics/federal-crime-statistics-to-expand-rape-definition.html|title=Federal Crime Statistics to Expand Rape Definition|first=Charlie|last=Savage|date=14 April 2018|work=The New York Times|archive-date=7 January 2012|access-date=18 February 2017|archive-url=https://web.archive.org/web/20120107021022/https://www.nytimes.com/2012/01/07/us/politics/federal-crime-statistics-to-expand-rape-definition.html|url-status=live}}</ref><ref>{{Cite web|url=https://www.fbi.gov/audio-repository/news-podcasts-thisweek-rape-definition-changed/view|title=Rape Definition Changed|website=FBI|access-date=1 May 2023|archive-date=1 May 2023|archive-url=https://web.archive.org/web/20230501104531/https://www.fbi.gov/audio-repository/news-podcasts-thisweek-rape-definition-changed/view|url-status=live}}</ref>
Health organizations and agencies have also expanded rape beyond traditional definitions. The [[World Health Organization]] (WHO) defines rape as a form of [[sexual assault]],<ref name="Krug2002">{{cite book |title=World report on violence and health |publisher=World Health Organization |page=149 |date=2002 |access-date=5 December 2015 |editor1-last=Krug |editor1-first=Etienne G. |display-editors=etal |isbn=978-92-4-154561-7 |url=http://apps.who.int/iris/bitstream/10665/42495/1/9241545615_eng.pdf |archive-date=26 November 2015 |archive-url=https://web.archive.org/web/20151126200524/http://apps.who.int/iris/bitstream/10665/42495/1/9241545615_eng.pdf |url-status=live }}</ref> while the [[Centers for Disease Control and Prevention]] (CDC) includes rape in their definition of sexual assault; they term rape a form of [[sexual violence]]. The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including [[drug-facilitated sexual assault]], acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where the victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon).<ref name = cdcstats>{{cite web |url=https://www.cdc.gov/violenceprevention/pdf/sv_surveillance_definitionsl-2009-a.pdf |access-date=6 June 2017 |date=2014 |publisher=National Center for Injury Prevention and Control, Centers for Disease Control and Prevention |title=Sexual Violence Surveillance: Uniform Definitions and Recommended Data Elements, Version 2.0. |last1=Basile |first1=KC |last2=Smith |first2=SG |last3=Breiding |first3=MJ |last4=Black |first4=MC |last5=Mahendra |first5=RR |archive-date=22 July 2020 |archive-url=https://web.archive.org/web/20200722065503/https://www.cdc.gov/violenceprevention/pdf/sv_surveillance_definitionsl-2009-a.pdf |url-status=live }}</ref><ref name=Markovchick2016>{{cite book |last=Markovchick |first=Vincent |title=Emergency medicine secrets |publisher=Elsevier |location=Philadelphia, PA |year=2016 |isbn=9780323355162 |pages=516–520 |chapter=Sexual Assault}}</ref> The [[Veterans Health Administration]] (VHA) has implemented universal screening for what has been termed "military sexual trauma" ([[Military sexual trauma|MST]]) and provides medical and [[mental health]] services free of charge to enrolled veterans who report MST (Title 38 United States Code 1720D; Public Law 108–422).
Some countries or jurisdictions differentiate between rape and sexual assault by defining rape as involving penile penetration of the vagina, or solely penetration involving the penis, while other types of non-consensual sexual activity are called sexual assault.<ref name="Kalbfleisch">{{cite book |last1=Kalbfleisch |first1=Pamela J. |last2=Cody |first2=Michael J. |title=Gender Power and Communication in Human Relationships |publisher=[[Routledge]] |year=2012 |access-date=30 April 2013 |isbn=978-1-136-48050-8 |url={{Google books |plainurl=yes |id=LyMo1RUJwj0C |page=218}} }}</ref><ref name="Plummer">{{cite book |author=Ken Plummer |title=Modern Homosexualities: Fragments of Lesbian and Gay Experiences |publisher=[[Routledge]] |year=2002 |pages=187–191 |access-date=24 August 2013 |isbn=978-1-134-92242-0 |url={{Google books |plainurl=yes |id=OSO3q4XEfz4C |page=189}} }}</ref> Scotland, for example, emphasizes penile penetration, requiring that the sexual assault must have been committed by use of a penis to qualify as rape.<ref>{{cite news |title=Sexual Offences (Scotland) Act 2009 |publisher=[[UK Statute Law Database]] |year=2009 |access-date=12 December 2013 |url=http://www.legislation.gov.uk/asp/2009/9/section/1 |archive-date=24 September 2020 |archive-url=https://web.archive.org/web/20200924004540/https://www.legislation.gov.uk/asp/2009/9/section/1 |url-status=live }}</ref><ref name="BBC News, rape">{{cite news |author1=Tom de Castella |author2=Jon Kelly |title=Assange case: How is rape defined? |work=BBC News |date=22 August 2012 |url=https://www.bbc.co.uk/news/magazine-19333439 |access-date=12 December 2013 |archive-date=29 August 2020 |archive-url=https://web.archive.org/web/20200829054724/https://www.bbc.co.uk/news/magazine-19333439 |url-status=live }}</ref> The 1998 [[International Criminal Tribunal for Rwanda]] defines rape as "a physical invasion of a sexual nature committed on a person under circumstances which are coercive".<ref name="Book04" /> In other cases, the term ''rape'' has been phased out of legal use in favor of terms such as ''sexual assault'' or ''criminal sexual conduct''.<ref>{{cite web |url=http://www.msu.edu/~sdclub/resources/criminal%20code.doc |title=Criminal code |access-date=31 December 2010 |archive-date=25 December 2010 |archive-url=https://web.archive.org/web/20101225121436/http://www.msu.edu/%7Esdclub/resources/criminal%20code.doc |url-status=live }}</ref>
Some countries criminalize [[non-consensual condom removal]] ("stealthing"), where one partner removes (or intentionally damages) their condom during sex without telling the other partner; the rationale is that consent was given to protected sex and <em>not</em> to unprotected sex, making the subsequent act non-consensual and therefore illicit;<ref>{{Cite web |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2954726 |title='Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal |first=Alexandra |last=Brodsky |date=2017 |ssrn=2954726 |access-date=11 November 2023 |archive-date=4 December 2023 |archive-url=https://web.archive.org/web/20231204104732/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2954726 |url-status=live }}</ref> for such cases, United Kingdom,<ref>{{cite web | url=https://www.vice.com/en/article/man-convicted-of-rape-after-removing-condom-during-sex-without-consent/ | title=Man Convicted of Rape After Removing Condom During Sex Without Consent | date=12 January 2017 | work=Vice }}</ref> Switzerland,<ref>{{Cite web|url=https://www.independent.co.uk/news/world/europe/man-convicted-rape-condom-sex-switzerland-a7521891.html|title=Man convicted of rape for taking off condom during sex|date=11 January 2017|website=The Independent|access-date=11 November 2023|archive-date=21 June 2022|archive-url=https://ghostarchive.org/archive/20220621/https://www.independent.co.uk/news/world/europe/man-convicted-rape-condom-sex-switzerland-a7521891.html|url-status=live}}</ref> New Zealand<ref>{{cite web | url=https://theconversation.com/new-zealands-first-successful-stealthing-prosecution-leads-the-way-for-law-changes-in-australia-and-elsewhere-159323 | title=New Zealand's first successful 'stealthing' prosecution leads the way for law changes in Australia and elsewhere | date=28 April 2021 | work=The Conversation | access-date=11 November 2023 | archive-date=28 April 2021 | archive-url=https://web.archive.org/web/20210428030618/https://theconversation.com/new-zealands-first-successful-stealthing-prosecution-leads-the-way-for-law-changes-in-australia-and-elsewhere-159323 | url-status=live }}</ref> have enacted rape convictions, while Australia,<ref>{{cite news | url=https://www.abc.net.au/news/2021-10-08/act-criminalises-stealthing-in-australia-first/100522564 | title=Consent law overhaul: ACT criminalises 'stealthing' in Australian first | newspaper=ABC News | date=7 October 2021 }}</ref> Canada,<ref>{{cite news |url=https://www.cbc.ca/news/politics/scc-condom-use-case-decision-1.6535127 |title=Supreme Court rules not wearing condom against partner's wishes could lead to sexual assault conviction |first=Richard |last=Raycraft |date=29 July 2022 |work=CBC News }}</ref> Germany<ref>{{cite web | url=https://edition.cnn.com/2018/12/20/health/stealthing-germany-sexual-assault-scli-intl/index.html | title=Police officer found guilty of condom 'stealthing' in landmark trial | date=20 December 2018 | work=CNN | access-date=11 November 2023 | archive-date=11 November 2023 | archive-url=https://web.archive.org/web/20231111142758/https://edition.cnn.com/2018/12/20/health/stealthing-germany-sexual-assault-scli-intl/index.html | url-status=live }}</ref> saw convictions for sexual assault; California considers it [[sexual battery]].<ref>{{cite news |url=https://www.npr.org/2021/10/07/1040160313/california-stealthing-nonconsensual-condom-removal |title=California is the 1st state to ban 'stealthing,' nonconsensual condom removal |first=Joe |last=Hernandez |date=7 October 2021 |work=NPR |archive-date=11 November 2023 |access-date=11 November 2023 |archive-url=https://web.archive.org/web/20231111142758/https://www.npr.org/2021/10/07/1040160313/california-stealthing-nonconsensual-condom-removal |url-status=live }}</ref>
=== Scope === [[File:Listening to girls in Zambia (8220719638).jpg|thumb|In [[Zambia]], 43% of girls and women between the ages of 15 and 49 have experienced some form of sexual violence.<ref>{{cite news |title=Zambia: End Sexual Violence in Schools |url=https://www.equalitynow.org/zambia_end_sexual_violence_in_schools |work=[[Equality Now]] |archive-date=18 September 2021 |access-date=31 July 2021 |archive-url=https://web.archive.org/web/20210918162353/https://www.equalitynow.org/zambia_end_sexual_violence_in_schools |url-status=live }}</ref>]] Victims of rape or sexual assault come from a wide range of [[gender]]s, ages, [[sexual orientation]]s, ethnicities, geographical locations, cultures, and degrees of impairment or disability. Incidences of rape are classified into a number of categories, and they may describe the relationship of the perpetrator to the victim and the context of the sexual assault. These include [[date rape]], [[gang rape]], [[marital rape]], [[incest|incestual rape]], [[child sexual abuse]], [[prison rape]], [[acquaintance rape]], [[war rape]] and [[statutory rape]]. Forced sexual activity can be committed over a long period of time with little to no physical injury.<ref>{{cite web |url=http://www.soc.ucsb.edu/sexinfo/article/rape |title=UCSB's SexInfo |publisher=Soc.ucsb.edu |access-date=31 December 2010 |archive-url=https://web.archive.org/web/20190407114548/http://www.soc.ucsb.edu/sexinfo/article/rape |archive-date=7 April 2019 |url-status=dead}}</ref><ref name="Rosdahl">{{cite book |last=Rosdahl |first=Caroline |title=Textbook of basic nursing |publisher=Wolters Kluwer Health/Lippincott Williams & Wilkins |location=Philadelphia |year=2012 |isbn=978-1-60547-772-5}}</ref><ref name="Kelly2011" />
=== Consent === {{See also|Bodily integrity|Consent|Sexual consent|Freedom of choice}} Lack of consent is key to the definition of rape.<ref>{{cite journal |last1=Tchen |first1=C.M. |title=Rape Reform and a Statutory Consent Defense |journal=Journal of Law and Criminology |date=1983 |volume=74 |issue=4 |pages=1518–1555 |doi=10.2307/1143064 |jstor=1143064 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6408&context=jclc |issn=0091-4169 |url-access=subscription |archive-date=6 October 2023 |access-date=13 November 2021 |archive-url=https://web.archive.org/web/20231006163139/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6408&context=jclc |url-status=live }}</ref> Consent is affirmative "informed approval, indicating a freely given agreement" to sexual activity.<ref name="cdcstats" /> It is not necessarily expressed verbally, and may instead be overtly implied from actions, but the absence of objection does not constitute consent.<ref name="Gruber2016">{{cite journal |last=Gruber |first=Aya |date=December 2016 |title=Consent Confusion |url=http://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1010&context=articles |journal=Cardozo Law Review |volume=38 |issue=2 |pages=415–458 |access-date=20 March 2017 |archive-date=21 March 2017 |archive-url=https://web.archive.org/web/20170321171150/http://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1010&context=articles |url-status=dead }}</ref> Lack of consent may result from either forcible compulsion by the perpetrator or an inability to consent on the part of the victim (such as people who are asleep, intoxicated or otherwise mentally compromised).<ref name="amnesty.org">[https://www.amnesty.org/en/documents/ior53/001/2011/en/ Rape and sexual violence: Human rights law and standards in the International Criminal Court] {{Webarchive|url=https://web.archive.org/web/20190307175250/https://www.amnesty.org/en/documents/ior53/001/2011/en/ |date=7 March 2019 }}. Amnesty International 2011</ref> Sexual intercourse with a person below the [[age of consent]], i.e., the age at which legal competence is established, is referred to as statutory rape.<ref>{{cite journal |last1=Koon-Magnin |first1=Sarah |last2=Ruback |first2=R. Barry |title=The perceived legitimacy of statutory rape laws: the effects of victim age, perpetrator age, and age span: The perceived legitimacy of statutory rape laws |journal=Journal of Applied Social Psychology |date=September 2013 |volume=43 |issue=9 |pages=1918–1930 |doi=10.1111/jasp.12131}}</ref> In India, consensual sex given on the false promise of marriage constitutes rape.<ref>{{Cite news|url=https://www.thehindu.com/news/national/sex-on-false-promise-of-marriage-is-rape-supreme-court/article26831183.ece|title=Sex on false promise of marriage is rape: Supreme Court|date=13 April 2019|work=The Hindu|access-date=14 April 2019|issn=0971-751X|archive-date=16 April 2019|archive-url=https://web.archive.org/web/20190416163758/https://www.thehindu.com/news/national/sex-on-false-promise-of-marriage-is-rape-supreme-court/article26831183.ece|url-status=live}}</ref>
[[Duress]] is the situation when the person is threatened by force or violence and may result in the absence of an objection to sexual activity. This can lead to the presumption of consent.<ref name="amnesty.org" /> Duress may be actual or threatened force or violence against the victim or someone close to the victim. Even [[blackmail]] may constitute duress. [[Abuse of power]] may constitute duress. For instance, in the Philippines, a man commits rape if he engages in sexual intercourse with a woman ''"[by] means of fraudulent machination or grave abuse of authority"''.<ref>[http://www.chanrobles.com/republicactno8353.htm REPUBLIC ACT NO. 8353] {{Webarchive|url=https://web.archive.org/web/20200920031202/http://www.chanrobles.com/republicactno8353.htm |date=20 September 2020 }}. Philippine Law. Approved: 30 September 1997</ref> The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape that did not use the word 'consent': "a physical invasion of a sexual nature committed on a person ''under circumstances which are coercive''."<ref>[http://www.unictr.org/Portals/0/English%5CAnnualReports%5Ca-54-315.pdf Fourth Annual Report of ICTR to the General Assembly (1999)] {{Webarchive|url=https://web.archive.org/web/20140103151517/http://www.unictr.org/Portals/0/English/AnnualReports/a-54-315.pdf |date=3 January 2014 }} 23 March 2007</ref>
[[Marital rape]], or spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. It is a form of [[Sexual violence by intimate partners|partner rape]], [[domestic violence]], and sexual abuse. Once widely accepted or ignored by law, marital rape is now denounced by international conventions and is increasingly criminalized. Still, in many countries, marital rape either remains legal or is illegal but widely tolerated and accepted as a husband's prerogative. In 2006, the UN Secretary-General's ''In-depth study on all forms of violence against women'' stated that (pg 113): "Marital rape may be prosecuted in at least 104 states. Of these, 32 have made marital rape a specific criminal offense, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offense in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecuted."<ref>{{cite web |url=https://www.un.org/womenwatch/daw/vaw/publications/English%20Study.pdf |title=VAW/for printer/1/14/0 |access-date=12 February 2014 |archive-date=3 July 2019 |archive-url=https://web.archive.org/web/20190703173724/https://www.un.org/womenwatch/daw/vaw/publications/English%20Study.pdf |url-status=live }}</ref> Since 2006, several other states have outlawed marital rape (for example [[Thailand]] in 2007<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/asia-pacific/6225872.stm |title=Asia-Pacific | Thailand passes marital rape bill |work=BBC News |date=21 June 2007 |access-date=12 February 2014 |archive-date=3 October 2018 |archive-url=https://web.archive.org/web/20181003113303/http://news.bbc.co.uk/2/hi/asia-pacific/6225872.stm |url-status=live }}</ref>).
In the US, the criminalization of marital rape started in the mid-1970s, and in 1993 North Carolina became the last state to make marital rape illegal.<ref>{{cite web |url=https://news.google.com/newspapers?nid=1957&dat=19930702&id=_xYxAAAAIBAJ&pg=6288,228462 |title=The Daily Gazette — Google News Archive Search |access-date=30 October 2014 |archive-date=5 April 2023 |archive-url=https://web.archive.org/web/20230405023017/https://news.google.com/newspapers?nid=1957&dat=19930702&id=_xYxAAAAIBAJ&pg=6288,228462 |url-status=live }}</ref> In many countries, it is not clear if marital rape may or may not be prosecuted under ordinary rape laws. In the absence of a marital rape law, it may be possible to bring prosecution for acts of forced sexual intercourse inside marriage by prosecuting, through the use of other criminal offenses (such as assault based offenses), the acts of violence or criminal threat that were used to obtain submission.<ref>{{cite web |url=http://www.aware.org.sg/rape/ |title=Rape & Sexual Assault | AWARE Singapore |publisher=Aware.org.sg |access-date=12 February 2014 |date=14 March 2011 |archive-date=13 February 2014 |archive-url=https://web.archive.org/web/20140213142213/http://www.aware.org.sg/rape/ |url-status=live }}</ref>
Consent may be complicated by law, language, context, culture and sexual orientation.<ref name="Kulick2003">{{cite journal |last1=Kulick |first1=Don |title=No |journal=Language & Communication |volume=23 |issue=2 |year=2003 |pages=139–151 |issn=0271-5309 |doi=10.1016/S0271-5309(02)00043-5}}</ref> Studies have shown that men consistently perceive women's actions as more sexual than they intend.<ref>{{Cite book|chapter-url=https://plato.stanford.edu/entries/feminism-rape/#MenRea|title=Mens rea|chapter=Feminist Perspectives on Rape|publisher=Metaphysics Research Lab, Stanford University|year=2017|archive-date=29 September 2020|access-date=11 February 2018|archive-url=https://web.archive.org/web/20200929115252/https://plato.stanford.edu/entries/feminism-rape/#MenRea|url-status=live}}</ref> In addition, verbalized "no" to sex may be interpreted as "keep trying", or even "yes" by offenders. Some may believe that when injuries are not visible, the woman must have consented. If a man solicits sex from another man, the pursuer may be regarded as virile.<ref name="Kulick2003"/>
== Motives == {{Further|Causes of sexual violence}} The WHO states that the principal factors that lead to the perpetration of sexual violence against women, including rape, are:<ref>{{cite web |last=WHO |author-link=World Health Organization |title=Violence against women |url=https://www.who.int/mediacentre/factsheets/fs239/en/ |website=who.int |publisher=[[World Health Organization]] |date=23 November 2012 |access-date=3 February 2013 |archive-date=14 April 2014 |archive-url=https://web.archive.org/web/20140414100345/http://www.who.int/mediacentre/factsheets/fs239/en/ |url-status=live }}</ref> * Beliefs in family honor and sexual purity; * Attitudes of [[Male entitlement|male sexual entitlement]]; * Weak legal sanctions for sexual violence.
No single facet explains the motivation for rape; the underlying motives of rapists can be multi-faceted. Several factors have been proposed: [[anger]],<ref>Oliva, Janet R. S''exually Motivated Crimes: Understanding the Profile of the Sex Offender and Applying Theory to Practice''. Boca Raton, FL: CRC Press, 2013.Pg 72</ref> [[power (philosophy)|power]],<ref>Oliva, Janet R. ''Sexually Motivated Crimes: Understanding the Profile of the Sex Offender and Applying Theory to Practice''. Boca Raton, FL: CRC Press, 2013.Pg 72</ref> [[Sexual sadism disorder|sadism]], sexual gratification, or [[Sociobiological theories of rape|evolutionary proclivities]].<ref>{{cite book |last1=Thornhill |first1=Randy |last2=Palmer |first2=Craig T. |title=A natural history of rape biological bases of sexual coercion |publisher=MIT Press |location=Cambridge, Massachusetts |year=2000 |isbn=978-1-282-09687-5}}</ref><ref>{{citation |last=Pinker |first=Steven |contribution=Chapter 19: children |editor-last=Pinker |editor-first=Steven |title=The blank slate: the modern denial of human nature |pages=372–399 |publisher=Penguin Group |location=London |year=2003 |isbn=978-1-101-20032-2 |postscript=.}}</ref> However, some factors have significant causal evidence supporting them. American [[clinical psychologist]] [[David Lisak]], co-author of a 2002 study of undetected rapists,<ref>{{cite journal |last1=Lisak |first1=David |last2=Miller |first2=Paul M. |author-link1=David Lisak |title=Repeat rape and multiple offending among undetected rapists |volume=17 |issue=1 |pages=73–84 |journal=[[Violence & Victims]] |doi=10.1891/vivi.17.1.73.33638 |date=February 2002 |pmid=11991158|s2cid=8401679 }} [http://www.innovations.harvard.edu/cache/documents/1348/134851.pdf Pdf.] {{Webarchive|url=https://web.archive.org/web/20141019071835/http://www.innovations.harvard.edu/cache/documents/1348/134851.pdf |date=19 October 2014 }}</ref> says that compared with non-rapists, both undetected and convicted rapists are measurably more angry at women and more motivated by a desire to dominate and control them, are more impulsive, disinhibited, anti-social, [[hypermasculine]], and less empathic.<ref>{{cite journal |last=Lisak |first=David |author-link=David Lisak |title=Understanding the predatory nature of sexual violence |journal=Sexual Assault Report |volume=14 |issue=4 |pages=49–64 |url=http://www.civicresearchinstitute.com/sar.html |date=March–April 2011 |access-date=10 June 2014 |archive-date=20 September 2020 |archive-url=https://web.archive.org/web/20200920085656/https://www.civicresearchinstitute.com/sar.html |url-status=live }} [http://www.davidlisak.com/wp-content/uploads/pdf/SARUnderstandingPredatoryNatureSexualViolence.pdf Pdf.] {{Webarchive|url=https://web.archive.org/web/20180918030047/http://www.davidlisak.com/wp-content/uploads/pdf/SARUnderstandingPredatoryNatureSexualViolence.pdf |date=18 September 2018 }}</ref>
Sexual aggression is often considered a masculine identity characteristic of manhood in some male groups and is significantly correlated to the desire to be held higher in esteem among male peers.<ref>{{cite journal |vauthors=Petty GM, Dawson B |title=Sexual aggression in normal men: incidence, beliefs and personality characteristics |journal=Personality and Individual Differences |doi=10.1016/0191-8869(89)90109-8 |year=1989 |volume=10 |pages=355–362 |issue=3}}</ref> Sexually aggressive behavior among young men has been correlated with gang or group membership as well as having other delinquent peers.<ref name="Ouimette PC 1998">{{cite journal |vauthors=Ouimette PC, Riggs D |title=Testing a mediational model of sexually aggressive behavior in nonincarcerated perpetrators |journal=Violence and Victims |year=1998 |volume=13 |issue=2 |pages=117–130 |pmid=9809392 |doi=10.1891/0886-6708.13.2.117 |s2cid=33967482 }}</ref><ref name="Borowsky IW 1997">{{cite journal |vauthors=Borowsky IW, Hogan M, Ireland M |title=Adolescent sexual aggression: risk and protective factors |journal=Pediatrics |year=1997 |volume=100 |issue=6 |pages=E7 |doi=10.1542/peds.100.6.e7 |pmid=9382908|s2cid=20826647 |doi-access= }}</ref>
[[Gang rape]] is often perceived by male perpetrators as a justified method of discouraging or punishing what they consider as immoral behavior among women – for example, wearing short skirts or visiting bars. In some areas in [[Papua New Guinea]], women can be punished by public gang rape, usually through permission by elders.<ref name="Jenkins">Jenkins C. Sexual behavior in Papua New Guinea. In: Report of the Third Annual Meeting of the International Network on Violence Against Women, January 1998. Washington, DC, International Network on Violence Against Women, 1998.</ref>{{update inline|date=May 2020}}
Gang rape and [[mass rape]] are often used as a means of male bonding.<ref name=Wood2018 /><ref>{{Cite journal |last=Vojdik |first=Valorie K. |date=2013 |title=Sexual Violence Against Men and Women in War: A Masculinities Approach |url=http://www.ssrn.com/abstract=2271222 |journal=SSRN Electronic Journal |language=en |doi=10.2139/ssrn.2271222 |issn=1556-5068}}</ref> This is particularly evident among soldiers, as gang rape accounts for about three quarters or more of [[war rape]], while gang rape accounts for less than a quarter of rapes during peacetime. Commanders sometimes push recruits to rape, as committing rape can be taboo and illegal and so builds loyalty among those involved.<ref name=Wood2018>{{Cite journal |last=Wood |first=Elisabeth Jean |date=December 2018 |title=Rape as a Practice of War: Toward a Typology of Political Violence |url=https://journals.sagepub.com/doi/10.1177/0032329218773710 |journal=Politics & Society |language=en |volume=46 |issue=4 |pages=513–537 |doi=10.1177/0032329218773710 |issn=0032-3292|url-access=subscription }}</ref> Rebel groups who have forced recruitment as opposed to volunteer recruits are more involved in rape, as it is believed the recruits start with less loyalty to the group.<ref>{{cite news |url=https://www.economist.com/international/2018/10/13/the-nobel-committee-shines-a-spotlight-on-rape-in-conflict |title=Nobel committee shines a spotlight on rape in conflict |publisher=The Economist Magazine |access-date=27 May 2019 |archive-date=9 November 2018 |archive-url=https://web.archive.org/web/20181109002358/https://www.economist.com/international/2018/10/13/the-nobel-committee-shines-a-spotlight-on-rape-in-conflict |url-status=live }}</ref> In [[Sexual violence in Papua New Guinea|Papua New Guinea]], urban gangs such as [[Raskol gangs]] often require new members to rape women as part of their initiation.<ref name=vlad>{{cite web|url=http://www.vladsokhin.com/projects/crying-meri|title=Crying Meri|publisher=Vlad Sokhin|access-date=12 February 2014|archive-date=5 July 2015|archive-url=https://web.archive.org/web/20150705235449/http://www.vladsokhin.com/projects/crying-meri|url-status=live}}</ref>
Perpetrators of [[sex trafficking]] and [[cybersex trafficking]] allow or carry out rape<ref>{{cite web|url=https://www.nbcnews.com/tech/tech-news/cheap-tech-widespread-internet-access-fuel-rise-cybersex-trafficking-n886886|title=Cheap tech and widespread internet access fuel rise in cybersex trafficking|date=30 June 2018|website=NBC News|access-date=25 May 2020|archive-date=24 November 2020|archive-url=https://web.archive.org/web/20201124163943/https://www.nbcnews.com/tech/tech-news/cheap-tech-widespread-internet-access-fuel-rise-cybersex-trafficking-n886886|url-status=live}}</ref><ref>{{cite journal |last1=Carback|first1=Joshua T. |date=2018 |title=Cybersex Trafficking: Toward a More Effective Prosecutorial Response|journal=Criminal Law Bulletin |volume=54 |issue=1 |pages=64–183|ref=none}} p. 64.</ref><ref name=autogenerated7>{{cite news|url=https://www.telegraph.co.uk/global-health/women-and-girls/oppressed-enslaved-brutalised-women-trafficked-north-korea-chinas/ |archive-url=https://ghostarchive.org/archive/20220110/https://www.telegraph.co.uk/global-health/women-and-girls/oppressed-enslaved-brutalised-women-trafficked-north-korea-chinas/ |archive-date=10 January 2022 |url-access=subscription |url-status=live|title=Oppressed, enslaved and brutalised: The women trafficked from North Korea into China's sex trade|date=20 May 2019|newspaper=The Telegraph|last1=Smith|first1=Nicola|last2=Farmer|first2=Ben}}{{cbignore}}</ref> for financial gain<ref>{{cite web|url=https://www.dailytelegraph.com.au/news/nsw/first-paedophile-in-nsw-charged-with-cybersex-trafficking/news-story/bd7d1e178b1f6f55ad99f8d0433afa94|title=First paedophile in NSW charged with cybersex trafficking|date=27 March 2017|website=the Daily Telegraph|access-date=25 May 2020|archive-date=11 June 2020|archive-url=https://web.archive.org/web/20200611143038/https://www.dailytelegraph.com.au/news/nsw/first-paedophile-in-nsw-charged-with-cybersex-trafficking/news-story/bd7d1e178b1f6f55ad99f8d0433afa94|url-status=live}}</ref> or sexual gratification.<ref>{{cite web|url=https://www.voanews.com/east-asia-pacific/philippines-makes-more-child-cybersex-crime-arrests-rescues|archive-url=https://web.archive.org/web/20200521223759/https://www.voanews.com/east-asia-pacific/philippines-makes-more-child-cybersex-crime-arrests-rescues|url-status=dead|archive-date=21 May 2020|title=Philippines Makes More Child Cybersex Crime Arrests, Rescues|date=12 May 2017|website=VOA}}</ref> [[Rape pornography]], including [[child pornography]], is created for profit and other reasons.<ref>{{cite news|url=https://www.washingtonpost.com/local/legal-issues/website-selling-real-rape-and-child-pornography-videos-shut-down-after-arrest-in-netherlands-us-justice-department-says/2020/03/12/5f9f02ce-6471-11ea-acca-80c22bbee96f_story.html|title=Website selling 'real' rape and child pornography videos shut down after arrest in Netherlands, Justice Department says|date=12 March 2020|newspaper=The Washington Post|archive-date=23 October 2021|access-date=21 May 2020|archive-url=https://web.archive.org/web/20211023201856/https://www.washingtonpost.com/local/legal-issues/website-selling-real-rape-and-child-pornography-videos-shut-down-after-arrest-in-netherlands-us-justice-department-says/2020/03/12/5f9f02ce-6471-11ea-acca-80c22bbee96f_story.html|url-status=live}}</ref> There have been instances of [[child sexual abuse]] and child rape videos on [[Pornhub]].<ref>{{Cite web|last=Mohan|first=Megha|date=8 May 2020|title=Call for credit card freeze on porn sites|url=https://www.bbc.com/news/world-52543508|website=BBC News|access-date=2 May 2021|archive-date=18 May 2020|archive-url=https://web.archive.org/web/20200518115659/https://www.bbc.com/news/world-52543508|url-status=live}}</ref><ref>{{cite web|date=10 February 2020|title='I was raped at 14, and the video ended up on a porn site'|url=https://www.bbc.co.uk/news/stories-51391981|publisher=BBC News|access-date=2 May 2021|archive-date=10 February 2020|archive-url=https://web.archive.org/web/20200210072123/https://www.bbc.co.uk/news/stories-51391981|url-status=live}}</ref>
== Effects == One metric used by the WHO to determine the severity of global rates of coercive, forced sexual activity was the question "Have you ever been forced to have sexual intercourse against your will?" Asking this question produced higher positive response rates than being asked, whether they had ever been abused or raped.<ref name="Krug2002"/>
The WHO report describes the consequences of sexual abuse: {{div col|colwidth=20em}} * [[Gynaecology#Diseases|Gynecological disorders]] * [[Reproductive system disease|Reproductive disorders]] * [[Sexual dysfunction|Sexual disorders]] * [[Infertility]] * [[Pelvic inflammatory disease]] * [[Complications of pregnancy|Pregnancy complications]] * [[Miscarriage]] * [[Sexual dysfunction]] * Acquiring [[sexually transmitted infection]]s, including [[HIV]]/[[AIDS]] * Mortality from [[Injury|injuries]] * Increased risk of [[suicide]] * [[Depression (mood)|Depression]] * [[Chronic pain]] * [[Somatic symptom disorder|Psychosomatic disorders]] * [[Unsafe abortion]] * [[Unwanted pregnancy]] (see [[Pregnancy from rape]])<ref name="Krug2002" /><!-- p101 -->
{{div col end}} <!-- p93 --> <!-- exposure to violence in the home is associated with being a victim or perpetrator of violence in adolescence and adulthood, same reference, p15 -->
=== Emotional and psychological === Frequently, victims may not recognize what happened to them was rape. Some may remain in denial for years afterwards.<ref name=":3">{{Cite web |url=http://ndaa.org/pdf/pub_introducing_expert_testimony.pdf |title=Introducing expert testimony to explain victim behavior in sexual and domestic violence prosecutions |last=Long |first=Jennifer |date=2016 |website=NDAA.org |archive-url=https://web.archive.org/web/20170829004137/http://ndaa.org/pdf/pub_introducing_expert_testimony.pdf |archive-date=29 August 2017 |url-status=dead }}</ref><ref name=":4">{{Cite web |url=https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=248189 |title=Victim Responses to Sexual Assault: Counterintuitive or Simply Adaptive |website=www.ncjrs.gov |access-date=9 September 2017 |archive-date=19 February 2019 |archive-url=https://web.archive.org/web/20190219072943/https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=248189 |url-status=live }}</ref> Confusion over whether or not their experience constitutes rape is typical, especially for victims of psychologically coerced rape. Women may not identify their victimization as rape for many reasons such as feelings of shame, embarrassment, non-uniform legal definitions, reluctance to define the friend/partner as a rapist, or because they have internalized [[Victim blaming|victim-blaming]] attitudes ([[internalized sexism]]).<ref name=":4" /> The public often perceives these behaviors as 'counterintuitive' and, therefore, as evidence of a dishonest woman.<ref name=":3" />
Victims may react in ways they did not anticipate. After the rape, they may be uncomfortable/frustrated with and not understand their reactions.<ref name="Psych2013rev">{{cite journal |last1=Mason |first1=F |last2=Lodrick |first2=Z |title=Psychological consequences of sexual assault. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=27–37 |pmid=23182852 |doi=10.1016/j.bpobgyn.2012.08.015}}</ref><ref>Note: One of the authors of the "Psychological consequences of sexual assault" article describes what she means by "friend" and "flop" in an article: {{cite journal |last1=Lodrick |first1=Zoe |title=Psychological trauma – what every trauma worker should know. |journal=The British Journal of Psychotherapy Integration. |date=2007 |volume=4 |issue=2 |url=http://www.zoelodrick.co.uk/training/article-1 |url-access=<!--WP:URLACCESS--> |archive-date=17 September 2020 |access-date=2 January 2017 |archive-url=https://web.archive.org/web/20200917213028/http://www.zoelodrick.co.uk/training/article-1 |url-status=live }} Friend: "Friend is the earliest defensive strategy available to us..... Throughout life when fearful most humans will activate their social engagement system (Porges, 1995). ... The social engagement system, or friend response to threat, is evident in the child who smiles or even laughs when being chastised." Flop: "Flop occurs if, and when, the freeze mechanism fails.... The survival purpose of the flop state is evident: if 'impact' is going to occur the likelihood of surviving it will be increased if the body yields, and psychologically, in the short-term at least, the situation will be more bearable if the higher brain functions are 'offline'."</ref> Most victims respond by 'freezing up' or becoming compliant and cooperative during the rape. These are common survival responses of all mammals.<ref>{{Cite journal |last=Bracha |first=H. Stefan |date=September 2004 |title=Freeze, Flight, Fight, Fright, Faint: Adaptationist Perspectives on the Acute Stress Response Spectrum |journal=CNS Spectrums |volume=9 |issue=9 |pages=679–685 |doi=10.1017/S1092852900001954 |pmid=15337864 |s2cid=8430710 |issn=2165-6509 |url=http://cogprints.org/5014/1/2004_C.N.S_Five_Fs_of_FEAR--Freeze_Flight_Fight_Fright_Faint.pdf |archive-date=20 February 2022 |access-date=15 July 2019 |archive-url=https://web.archive.org/web/20220220022720/http://cogprints.org/5014/1/2004_C.N.S_Five_Fs_of_FEAR--Freeze_Flight_Fight_Fright_Faint.pdf |url-status=live }}</ref> This can cause confusion for others and the person assaulted. An assumption is that someone being raped would call for help or struggle. A struggle would result in torn clothes or injuries.<ref name="Psych2013rev" />
Dissociation can occur during the assault.<ref name="Psych2013rev" /> Memories may be fragmented especially immediately afterwards. They may consolidate with time and sleep.<ref name="Psych2013rev" /> A man or boy who is raped may be stimulated and even ejaculate during the experience of the rape. A woman or girl may orgasm during a sexual assault. This may become a source of shame and confusion for those assaulted along with those who were around them.<ref name="Male2013" /><ref>{{cite journal |last1=Chivers |first1=ML |last2=Seto |first2=MC |last3=Lalumière |first3=ML |last4=Laan |first4=E |last5=Grimbos |first5=T |title=Agreement of self-reported and genital measures of sexual arousal in men and women: a meta-analysis. |journal=Archives of Sexual Behavior |date=February 2010 |volume=39 |issue=1 |pages=5–56 |pmid=20049519 |pmc=2811244 |doi=10.1007/s10508-009-9556-9}}</ref><ref>{{cite journal |last1=Levin |first1=RJ |last2=van Berlo |first2=W |title=Sexual arousal and orgasm in subjects who experience forced or non-consensual sexual stimulation – a review. |journal=Journal of Clinical Forensic Medicine |date=April 2004 |volume=11 |issue=2 |pages=82–8 |doi=10.1016/j.jcfm.2003.10.008 |pmid=15261004}}</ref>
Trauma symptoms may not show until years after the sexual assault occurred. Immediately following a rape, the survivor may react outwardly in a wide range of ways, from expressive to closed down; common emotions include distress, anxiety, shame, revulsion, helplessness, and guilt.<ref name=Psych2013rev/> Denial is not uncommon.<ref name=Psych2013rev/>
In the weeks following the rape, the survivor may develop symptoms of [[Post-traumatic stress disorder|post-traumatic stress syndrome]] and may develop a wide array of psychosomatic complaints.<ref name=Psych2013rev/><ref name=Hoffman2016>{{cite book |last1=Hoffman |first1=Barbara |display-authors=etal |title=Williams Gynecology |date=2016 |publisher=McGraw Hill Professional |isbn=9780071849098 |edition=3rd}}</ref>{{rp|310}} PTSD symptoms include re-experiencing of the rape, avoiding things associated with the rape, numbness, and increased anxiety and [[startle response]].<ref name=Psych2013rev/> The likelihood of sustained severe symptoms is higher if the rapist confined or restrained the person, if the person being raped believed the rapist would kill them, the person who was raped was very young or very old, and if the rapist was someone they knew.<ref name=Psych2013rev/> The likelihood of sustained severe symptoms is also higher if people around the survivor ignore (or are ignorant of) the rape or blame the rape survivor.<ref name=Psych2013rev/>
Most people recover from rape in three to four months, but many have persistent PTSD that may manifest in anxiety, depression, substance abuse, irritability, anger, flashbacks, or nightmares.<ref name=Psych2013rev/> In addition, rape survivors may have long-term [[generalised anxiety disorder]], may develop one or more [[specific phobia]]s, [[major depressive disorder]], and may experience difficulties with resuming their social life and with sexual functioning.<ref name=Psych2013rev/> People who have been raped are at higher risk of suicide.<ref name=Male2013/><ref>{{cite journal |last1=Jina |first1=R |last2=Thomas |first2=LS |title=Health consequences of sexual violence against women. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=15–26 |pmid=22975432 |doi=10.1016/j.bpobgyn.2012.08.012}}</ref>
Men experience similar psychological effects of being raped, but they are less likely to seek counseling.<ref name=Male2013>{{cite journal |last1=McLean |first1=IA |title=The male victim of sexual assault. |journal=Best Practice & Research. Clinical Obstetrics & Gynaecology |date=February 2013 |volume=27 |issue=1 |pages=39–46 |pmid=22951768 |doi=10.1016/j.bpobgyn.2012.08.006}}</ref>
Another effect of rape and sexual assault is the stress created in those who study rape or counsel the survivors. This is called [[vicarious traumatization]].<ref>{{cite web |title=Guidelines for the prevention and management of vicarious trauma among researchers of sexual and intimate partner violence |url=http://www.svri.org/sites/default/files/attachments/2016-06-02/SVRIVTguidelines.pdf |publisher=Sexual Violence Research Initiative |date=2015 |access-date=2 November 2016 |archive-date=20 September 2020 |archive-url=https://web.archive.org/web/20200920050354/https://svri.org/sites/default/files/attachments/2016-06-02/SVRIVTguidelines.pdf |url-status=live }}</ref>
=== Physical ===
The presence or absence of physical injury may be used to determine whether a person has been raped.<ref>{{cite journal |last1=Walker |first1=G |title=The (in)significance of genital injury in rape and sexual assault. |journal=Journal of Forensic and Legal Medicine |date=August 2015 |volume=34 |pages=173–8 |doi=10.1016/j.jflm.2015.06.007 |pmid=26165680}}</ref> Those who have experienced sexual assault yet have no physical trauma may be less inclined to report to the authorities or to seek health care.<ref>{{cite journal |last=Kennedy |first=K. M. |title=The Relationship of Victim Injury to the Progression of Sexual Crimes through the Criminal Justice System |journal=Journal of Forensic and Legal Medicine |year=2012 |volume=19 |issue=6 |pages=309–311 |doi=10.1016/j.jflm.2012.04.033|pmid=22847045 |hdl=10147/266322 |hdl-access=free }}</ref>
While penetrative rape generally does not involve the use of a condom, in some cases a condom is used. The use of a condom significantly reduces the likelihood of pregnancy and [[disease transmission]], both to the victim and the rapist. Rationales for condom use include: avoiding contracting infections or diseases (particularly HIV), especially in cases of rape of [[sex worker]]s or in gang rape (to avoid contracting infections or diseases from fellow rapists); eliminating evidence, making prosecution more difficult (and giving a sense of invulnerability); giving the appearance of consent (in cases of acquaintance rape); and thrill from planning and the use of the condom as an added prop. Concern for the victim is generally not considered a factor.<ref name="condom">{{cite news |url=https://www.nytimes.com/1994/08/22/nyregion/rapists-and-condoms-is-use-a-cavalier-act-or-a-way-to-avoid-disease-and-arrest.html |title=Rapists and Condoms; Is Use a Cavalier Act or a Way to Avoid Disease and Arrest? |first=Craig |last=Wolff |date=22 August 1994 |newspaper=[[New York Times]] |archive-date=29 August 2020 |access-date=18 February 2017 |archive-url=https://web.archive.org/web/20200829055048/https://www.nytimes.com/1994/08/22/nyregion/rapists-and-condoms-is-use-a-cavalier-act-or-a-way-to-avoid-disease-and-arrest.html |url-status=live }}</ref>
=== Sexually transmitted infections === {{See also|Virgin cleansing myth|Prison rape in the United States#Sexually transmitted infections}}
Those who have been raped have relatively more reproductive tract infections than those who have not been raped.<ref name="Kimura 2013">{{cite book |last=Kimura |first=Seiji |title=Physical and emotional abuse triggers, short and long-term consequences and prevention methods |publisher=[[Nova Science Publishers, Inc.]] |location=Hauppauge, New York |year=2013 |isbn=9781624174469}}</ref> HIV can be transmitted through rape. Acquiring AIDS through rape puts people at increased risk for psychological problems. Acquiring HIV through rape may lead to behaviors that create a risk of injecting drugs.<ref>{{cite web |url=http://www.svri.org/hiv.htm |title=Sexual Violence and HIV |publisher=Sexual Violence Research Initiative |access-date=3 February 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130218202407/http://www.svri.org/hiv.htm |archive-date=18 February 2013 }}</ref> Acquiring sexually transmitted infections increases the risk of acquiring HIV.<ref name="Kimura 2013"/> The belief that having sex with a [[Virginity|virgin]] can cure HIV/AIDS exists in parts of Africa. This leads to the rape of girls and women.<ref name="cure" /><ref>{{cite book |last=Jenny |first=Carole |title=Child Abuse and Neglect: Diagnosis, Treatment and Evidence — Expert Consult |year=2010 |publisher=Elsevier Health Sciences |isbn=978-1-4377-3621-2 |page=187 |url={{Google books |plainurl=yes |id=BKILM5KWFKwC |page=187}}}}</ref><ref>{{cite book |author1=Klot, Jennifer |author2=Monica Kathina Juma |title=HIV/AIDS, Gender, Human Security and Violence in Southern Africa |publisher=Africa Institute of South Africa |location=Pretoria |year=2011 |page=47 |isbn=978-0-7983-0253-1 |url={{Google books |plainurl=yes |id=du0aR53YsYMC |page=47}}}}</ref><ref>{{cite web |url=http://www.scienceinafrica.co.za/2002/april/virgin.htm |title=HIV/AIDS, the stats, the Virgin Cure and infant rape |publisher=Science in Africa |date=25 January 2002 |access-date=3 February 2013 |archive-url=https://web.archive.org/web/20120115094218/http://www.scienceinafrica.co.za/2002/april/virgin.htm |archive-date=15 January 2012 |url-status=dead }}</ref> The claim that the myth drives either HIV infection or child sexual abuse in South Africa is disputed by researchers [[Rachel Jewkes]] and Helen Epstein.<ref>{{cite journal |title=The myth of the virgin rape myth |url=http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2809%2961858-4/fulltext |journal=The Lancet |volume=374 |issue=9699 |pages=1419; author reply 1419–20 |date=24 October 2009 |doi=10.1016/S0140-6736(09)61858-4 |pmid=19854367 |vauthors=Epstein H, Jewkes R |s2cid=33671635 |url-access=subscription |archive-date=22 July 2020 |access-date=16 September 2015 |archive-url=https://web.archive.org/web/20200722065856/https://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2809%2961858-4/fulltext |url-status=live }} "In the current South African case, this claim is predicated on racist assumptions about the amorality of African men..."</ref>
=== Victim blaming, secondary victimization and other mistreatment === {{Main|Victim blaming|Post-assault treatment of sexual assault victims}} [[File:Sátiro y ninfa..JPG|thumb|An example of the idealized female resistance: In this Roman depiction of a fight between a [[Nymph]] and a [[Satyr]] ([[Naples National Archaeological Museum]]), the Nymph is shown vigorously resisting the Satyr's sexual advances, punching him on the mouth – lack of which might be construed as implying consent.]] Society's treatment of victims has the potential to exacerbate their trauma.<ref name=":4" /> People who have been raped or sexually assaulted are sometimes blamed and considered responsible for the crime.<ref name="Maier2008" /> This refers to the [[just-world hypothesis|just world fallacy]] and [[Rape myth|rape myth acceptance]] that certain victim behaviors (such as being intoxicated, [[flirting]] or wearing sexually [[provocation (legal)|provocative]] clothing) may encourage rape.<ref>Pauwels, B. (2002). "Blaming the victim of rape: The culpable control model perspective." ''Dissertation Abstracts International: Section B: The Sciences and Engineering,'' 63(5-B).</ref><ref name=":0">{{Cite journal |last1=Grubb |first1=Amy |last2=Turner |first2=Emily |date=1 September 2012 |title=Attribution of blame in rape cases: A review of the impact of rape myth acceptance, gender role conformity and substance use on victim blaming |journal=Aggression and Violent Behavior |volume=17 |issue=5 |pages=443–452 |doi=10.1016/j.avb.2012.06.002|url=https://pure.coventry.ac.uk/ws/files/3956894/Grubb4.pdf }}</ref> In many cases, victims are said to have "asked for it" because of not resisting their assault or violating female gender expectations.<ref>{{cite journal |author1=Abrahms D. |author2=Viky G. |author3=Masser B. |author4=Gerd B. |year=2003 |title=Perceptions of stranger and acquaintance rape: The role of benevolent and hostile sexism in victim blame and rape proclivity |journal=Journal of Personality and Social Psychology |volume=84 |issue=1 |pages=111–125 |pmid=12518974 |doi=10.1037/0022-3514.84.1.111}}</ref><ref name=":0" /> A global survey of attitudes toward sexual violence by the [[Global Forum for Health Research]] shows that victim-blaming concepts are at least partially accepted in many countries. Women who have been raped are sometimes deemed to have behaved improperly. Usually, these are cultures where there is a significant social divide between the freedoms and status afforded to men and women.<ref>{{cite web |url=http://www.globalforumhealth.org/filesupld/vaw/attitudes.html |archive-url=https://web.archive.org/web/20050205184952/http://www.globalforumhealth.org/filesupld/vaw/attitudes.html |archive-date=5 February 2005 |title=Attitudes to sexual violence |date=5 February 2005 |access-date=31 December 2010}}</ref>
{{blockquote|"Rape victims are blamed more when they resist the attack later in the rape encounter rather than earlier (Kopper, 1996), which seems to suggest the stereotype that these women are engaging in token resistance (Malamuth & Brown, 1994; Muehlenhard & Rogers, 1998) or leading the man on because they have gone along with the sexual experience thus far. Finally, rape victims are blamed more when they are raped by an acquaintance or a date rather than by a stranger (e.g., Bell, Kuriloff, & Lottes, 1994; Bridges, 1991; Bridges & McGr ail, 1989; Check & Malamuth, 1983; Kanekar, Shaherwalla, Franco, Kunju, & Pinto, 1991; L'Armand & Pepitone, 1982; Tetreault & Barnett, 1987), which seems to evoke the stereotype that victims really want to have sex because they know their attacker and perhaps even went out on a date with him. The underlying message of this research seems to be that when certain stereotypical elements of rape are in place, rape victims are prone to being blamed."<ref name = bud2001/>}}
Commentators state: "individuals may endorse rape myths and at the same time recognize the negative effects of rape."<ref name=bud2001>{{cite journal |author1=Amy M. Buddie |author2=Arthur G. Miller |title=Beyond Rape Myths: A more complex view of perceptions of rape victims |journal=Sex Roles |year=2001 |doi=10.1023/A:1013575209803 |url=http://business.highbeam.com/435388/article-1G1-82782443/beyond-rape-myths-more-complex-view-perceptions-rape |archive-url=https://web.archive.org/web/20130509055551/http://business.highbeam.com/435388/article-1G1-82782443/beyond-rape-myths-more-complex-view-perceptions-rape |url-status=dead |archive-date=9 May 2013 |volume=45 |issue=3/4 |pages=139–160 |s2cid=142661015 |url-access=subscription }} [http://www.taasa.org/library/pdfs/TAASALibrary22.pdf PDF copy] {{Webarchive|url=https://web.archive.org/web/20120118073552/http://www.taasa.org/library/pdfs/TAASALibrary22.pdf |date=18 January 2012 }}</ref> A number of [[gender role]] stereotypes can play a role in rationalization of rape. These include the idea that power is reserved to men whereas women are meant for sex and objectified, that women want forced sex and to be pushed around,<ref name="neumann">Neumann, S., Gang Rape: Examining Peer Support and Alcohol in Fraternities. Sex Crimes and Paraphilias</ref> and that male sexual impulses and behaviors are uncontrollable and must be satisfied.<ref>{{cite book |author1=Joan Z. Spade |author2=Catherine G. Valentine |title=The kaleidoscope of gender: prisms, patterns, and possibilities |url={{Google books |plainurl=yes |id=TmDv-DzF1ZMC}} |access-date=1 October 2011|date=10 December 2007|publisher=Pine Forge Press|isbn=978-1-4129-5146-3}}</ref>
For females, victim-blaming correlates with fear. Many rape victims blame themselves. Female jurors might look at the woman on the witness stand and believe she had done something to entice the defendant.<ref>{{Cite web|date=19 February 2010|title=Blame the rapist, not the victim|url=http://www.theguardian.com/lifeandstyle/2010/feb/19/blame-the-rapist|website=the Guardian|language=en|access-date=19 April 2022|archive-date=10 April 2023|archive-url=https://web.archive.org/web/20230410234806/https://www.theguardian.com/lifeandstyle/2010/feb/19/blame-the-rapist|url-status=live}}</ref> In Chinese culture, victim-blaming is often associated with the crime of rape, as women are expected to resist rape using physical force. Thus, if rape occurs, it is considered to be at least partly the woman's fault, and her virtue is called into question.<ref>Xue J, Fang G, Huang H, Cui N, Rhodes KV, Gelles R. Rape myths and the cross-cultural adaptation of the Illinois Rape Myth Acceptance Scale in China. Journal of Interpersonal Violence. 2016 5. [Epub ahead of print]. DOI: 10.1177/0886260516651315</ref>
==== Honor killings and forced marriages ====
In many cultures, those who are raped have a high risk of suffering additional violence or threats of violence after the rape. This can be perpetrated by the rapist, friends, or relatives of the rapist. The intent can be to prevent the victim from reporting the rape. Other reasons for threats against those assaulted is to punish them for reporting it, or of forcing them to withdraw the complaint. The relatives of the person who has been raped may wish to prevent "bringing shame" to the family and may also threaten them. This is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage; in extreme cases, rape victims are killed in [[honor killings]].<ref name="zeenews.india" /><ref name="wisemuslimwomen" /><ref name="bbc" /><ref>{{Cite news |url=https://www.bbc.co.uk/news/world-africa-17379721 |title=BBC News — Morocco protest after raped Amina Filali kills herself |journal=BBC News |date=15 March 2012 |access-date=3 February 2013 |archive-date=3 May 2019 |archive-url=https://web.archive.org/web/20190503223242/https://www.bbc.co.uk/news/world-africa-17379721 |url-status=live }}</ref>
== Treatment == In the US, [[victims' rights]] include the right to have a victims advocate preside over every step of the medical/legal exam to ensure sensitivity towards victims, provide emotional support, and minimize the risk of re-traumatization. Victims are to be informed of this immediately by law enforcement or medical service providers.<ref>{{Cite web |url=https://www.victimlaw.org/victimlaw/pages/victimsRight.jsp |title=VictimLaw – Victims Right |website=www.victimlaw.org |access-date=9 September 2017 |archive-date=6 September 2021 |archive-url=https://web.archive.org/web/20210906134108/https://victimlaw.org/victimlaw/pages/victimsRight.jsp |url-status=live }}</ref><ref>{{Cite web |url=http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/what-is-a-victim-advocate- |title=What is a Victim Advocate- |website=victimsofcrime.org |access-date=9 September 2017 |archive-date=24 September 2018 |archive-url=https://web.archive.org/web/20180924185128/http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/what-is-a-victim-advocate- |url-status=dead }}</ref> [[Emergency department|Emergency rooms]] of many hospitals employ sexual assault nurse/forensic examiners (SAN/FEs) with specific training to care for those who have experienced a rape or sexual assault. They are able to conduct a focused medical-legal exam. If such a trained clinician is not available, the emergency department has a sexual assault protocol that has been established for treatment and the collection of evidence.<ref name=Markovchick2016/><ref name=mci2017>{{cite book |first=Thomas K. |last=McInerny |date=2017 |title=Textbook of Pediatric Care – 2nd Edition |publisher=American Academy of Pediatrics |isbn=978-1-58110-966-5}} [http://online.statref.com/Do STAT!Ref Online Electronic Medical Library]{{Dead link|date=July 2018 |bot=InternetArchiveBot |fix-attempted=yes }}<sup>[subscription required]</sup></ref> Staff are also trained to explain the examinations in detail, the documentation and the rights associated with the requirement for [[informed consent]]. Emphasis is placed on performing the examinations at a pace that is appropriate for the person, their family, their age, and their level of understanding.<ref name="mci2017" /> Privacy is recommended to prevent [[self-harm]].<ref name="Cybulska2013"/>
=== Non-genital injuries ===
====Physical assessment==== Many rapes do not result in serious physical injury.<ref>{{cite journal |last=Kennedy |first=K. M. |title=Heterogeneity of Existing Research Relating to Sexual Violence, Sexual Assault and Rape Precludes Meta-analysis of Injury Data |journal=Journal of Forensic and Legal Medicine |year=2013 |volume=20 |issue=5 |pages=447–459 |doi=10.1016/j.jflm.2013.02.002|pmid=23756514 |hdl=10147/296808 |hdl-access=free }}</ref> The first [[medical treatment|medical response]] to sexual assault is a complete assessment. This general assessment will prioritize the treatment of injuries by the [[emergency room]] staff. Medical personnel involved are trained to assess and treat those assaulted or follow protocols established to ensure privacy and best treatment practices. Informed consent is always required prior to treatment unless the person who was assaulted is unconscious, intoxicated or does not have the mental capacity to give consent.<ref name=Markovchick2016/><ref name = mci2017/> Priorities governing the physical exam are the treatment of serious life-threatening emergencies and then a general and complete assessment.<ref name="HockettSaucier2015">{{cite journal |last1=Hockett |first1=Jericho M. |last2=Saucier |first2=Donald A. |title=A systematic literature review of "rape victims" versus "rape survivors": Implications for theory, research, and practice |journal=Aggression and Violent Behavior |volume=25 |year=2015 |pages=1–14 |issn=1359-1789 |doi=10.1016/j.avb.2015.07.003}}</ref> Some physical injuries are readily apparent such as [[human bites|bites]],<ref name="NYJH" /> broken teeth, [[Swelling (medical)|swelling]], [[bruising]], [[laceration]]s and scratches. In more [[violent]] cases, the victim may need to have gunshot wounds or [[stab wound]]s treated.<ref name=Markovchick2016/> The loss of consciousness is relevant to the medical history.<ref name = mci2017/> If abrasions are found, [[immunization]] against [[tetanus]] is offered if 5 years have elapsed since the last immunization.<ref name="Varcarolis" />
====Diagnostic testing==== After the general assessment and treatment of serious injuries, further evaluation may include the use of additional diagnostic testing such as [[x-rays]], [[computer-aided tomography|CT]] or [[MRI]] image studies and blood work. The presence of infection is determined by sampling of body fluids from the mouth, throat, vagina, [[perineum]], and [[Human anus|anus]].<ref name = mci2017/>
====Forensic sampling==== {{Main|Rape investigation}} Victims have the right to refuse any evidence collection. Victims advocates ensure the victims' wishes are respected by hospital staff. After the physical injuries are addressed and treatment has begun, then [[Forensic science|forensic examination]] proceeds along with the gathering of evidence that can be used to identify and document the injuries.<ref name=Markovchick2016/> Such [[evidence]]-gathering is only done with the complete consent of the patient or the [[caregiver]]s of the patient. Photographs of the injuries may be requested by staff.<ref name = mci2017/> At this point in the treatment, if a victims' advocate had not been requested earlier, experienced [[Counsel|social support staff]] are made available to the patient and family.<ref name="Hoffman2012">{{cite book |last=Hoffman |first=Barbara |title=Williams gynecology |publisher=McGraw-Hill Medical |location=New York |year=2012 |isbn=978-0-07-171672-7}}</ref>
If the patient or the caregivers (typically parents) agree, the medical team utilizes standardized sampling and testing usually referred to as a forensic evidence kit or "[[rape kit]]".<ref name = mci2017/> The patient is informed that submitting to the use of the rape kit does not [[obligation|obligate]] them to file [[criminal charges]] against the perpetrator. The patient is discouraged from bathing or showering to obtain samples from their hair.<ref name="Hoffman2012" /> Evidence gathered within the past 72 hours is more likely to be valid.<ref name="mci2017" /> The sooner that samples are obtained after the assault, the more likely that evidence is present in the sample and provides valid results. Once the injuries of the patient have been treated and she or he is stabilized, the sample gathering will begin. Staff will encourage the presence of a rape/sexual assault counselor to provide an advocate and reassurance.<ref name="Hoffman2012" />
During the medical exam, evidence of bodily secretions is assessed. Dried semen that is on clothing and skin can be detected with a fluorescent lamp.<ref name="mci2017" /><ref>"Semen fluoresces best at wavelengths of 420 and 450 nm, when viewed through orange goggles. A Wood lamp emits light at only a 360-nm wavelength. Therefore specialized alternate light sources that emit wavelengths at 420 and 450 nm, such as a Bluemaxx, should be used. Although this type of lamp will improve the detection of dried semen, many other substances will fluoresce as well; thus, confirmation of semen cannot be made with this method.", McInerny (2017)</ref> Notes will be attached to those items on which semen has been found. These specimens are marked, placed in a paper bag,<ref>This practice discourages the growth of microorganisms which could alter the analysis. Cybulska</ref> and are marked for later analysis for the presence of seminal vesicle-specific antigen.<ref name="mci2017" /><ref name="Cybulska2013"/>
Though technically, medical staff are not part of the legal system, only trained medical personnel can obtain evidence that is admissible during a trial. Evidence is collected, signed, and locked in a secure place to guarantee that legal evidence procedures are maintained. This carefully monitored procedure of evidence collection and preservation is known as the [[chain of evidence]]. Maintaining the chain of evidence from the medical examination, testing, and [[tissue (biology)|tissue]] sampling from its origin of collection to court allows the results of the sampling to be admitted as evidence.<ref name="Hoffman2012" /> Photography is often used for documentation.<ref name="VAW2013" /><!-- p 95 -->
===After the examination=== Some physical effects of the rape are not immediately apparent. Follow up examinations also assess the patient for [[tension headaches]], [[fatigue (medical)|fatigue]], sleep pattern disturbances, gastrointestinal irritability, chronic pelvic pain, menstrual pain or irregularity, pelvic inflammatory disease, sexual dysfunction, premenstrual distress, fibromyalgia, vaginal discharge, vaginal itching, burning during urination, and generalized vaginal pain.<ref name="HockettSaucier2015" />
The World Health Organization recommends<ref>{{Cite web|url=https://apps.who.int/iris/bitstream/handle/10665/42788/924154628X.pdf;jsessionid=A75321438AE831AA07EDE72363B69C19?sequence=1|title=WHO Guidelines for medico-legal care for victims of sexual violence|access-date=8 August 2019|archive-date=10 May 2020|archive-url=https://web.archive.org/web/20200510091244/https://apps.who.int/iris/bitstream/handle/10665/42788/924154628X.pdf;jsessionid=A75321438AE831AA07EDE72363B69C19?sequence=1|url-status=live}}</ref><ref>{{Cite book|title=Responding to Children and Adolescents Who Have Been Sexually Abused: WHO Clinical Guidelines|date=2017|publisher=World Health Organization|url=https://www.ncbi.nlm.nih.gov/books/NBK493119/|isbn=9789241550147|series=WHO Guidelines Approved by the Guidelines Review Committee|location=Geneva|pmid=29630189|archive-date=2 February 2025|access-date=16 July 2025|archive-url=https://web.archive.org/web/20250202042915/https://www.ncbi.nlm.nih.gov/books/NBK493119/|url-status=live}}</ref><ref>{{Cite journal|last1=Amin|first1=Avni |last2=MacMillan |first2=Harriet|last3=Garcia-Moreno |first3=Claudia|date=3 April 2018|title=Responding to children and adolescents who have been sexually abused: WHO recommendations|journal=Paediatrics and International Child Health|volume=38 |issue=2|pages=85–86 |pmid=29493421 |doi=10.1080/20469047.2018.1427179|s2cid=3631696|issn=2046-9047|doi-access=free}}</ref> offering prompt access to [[Emergency contraception|emergency]] [[contraceptive]] medications which can significantly reduce risk of an undesired pregnancy if used within 5 days of rape;<ref>{{Cite book|url=https://www.ncbi.nlm.nih.gov/books/NBK542751/|title=Ulipristal versus Levonorgestrel for Emergency Contraception: A Review of Comparative Cost-Effectiveness |last1=Tran|first1=Khai|last2=Grobelna|first2=Aleksandra |date=2019|publisher=Canadian Agency for Drugs and Technologies in Health|series=CADTH Rapid Response Reports |location=Ottawa (ON) |pmid=31219689}}</ref> it is estimated that about 5% of male-on-female rapes result in pregnancy.<ref name="Varcarolis">{{cite book |author=Varcarolis, Elizabeth |year=2013 |title=Essentials of psychiatric mental health nursing |location=St. Louis |publisher=Elsevier |pages=439–442}}</ref> When rape results in pregnancy, [[Medical abortion|abortion]] pills can be safely and effectively used to end a pregnancy up to 10 weeks from the last menstrual period.<ref>{{Cite journal|last1=Chen|first1=Melissa J.|last2=Creinin|first2=Mitchell D.|date=July 2015|title=Mifepristone With Buccal Misoprostol for Medical Abortion: A Systematic Review|journal=Obstetrics and Gynecology|volume=126|issue=1|pages=12–21|doi=10.1097/AOG.0000000000000897|pmid=26241251|s2cid=20800109|issn=1873-233X|url=https://escholarship.org/uc/item/2pw521h5|archive-date=26 July 2020|access-date=7 December 2019|archive-url=https://web.archive.org/web/20200726105924/https://escholarship.org/uc/item/2pw521h5|url-status=live|doi-access=free}}</ref>
=== Genital injuries ===
An internal pelvic exam is not recommended for sexually immature or prepubescent girls due to the probability that internal injuries do not exist in this age group. However, an internal exam may be recommended if significant bloody discharge is observed.<ref name="mci2017" /> A complete [[pelvic exam]] for rape ([[anal rape|anal]] or vaginal) is conducted. An [[dentistry|oral exam]] is done if there have been [[injurie]]s to the mouth, teeth, gums, or [[pharynx]]. Though the patient may have no complaints about [[genital pain]] signs of trauma can still be assessed. Before the complete bodily and genital exam, the patient is asked to undress, standing on a white sheet that collects any [[debris]] that may be in the clothing. The clothing and sheet are properly bagged and labeled along with other samples that can be removed from the body or clothing of the patient. Samples of [[fiber]]s, mud, hair, or leaves are gathered if present. Samples of [[body fluid|fluids]] are collected to determine the presence of the perpetrator's [[saliva]] and [[semen]] that may be present in the patient's mouth, [[vagina]] or [[rectum]]. Sometimes the victim has [[Abrasion (medical)|scratched]] the perpetrator in defense and fingernail scrapings can be collected.<ref name="Hoffman2012" />
Injuries to the genital areas can include swelling, lacerations, and bruising.<ref name="Hoffman2012" /><ref>{{Cite book|title=Health & physical assessment in nursing|last=Donita|first=D'Amico|others=Barbarito, Colleen|isbn=9780133876406|edition= 3rd|location=Boston|pages=664|oclc=894626609|date = 10 February 2015}}</ref> Common genital injuries are [[Rectal pain|anal injury]], labial abrasions, hymenal bruising, and tears of the posterior [[Frenulum of labia minora|fourchette]] and fossa.<ref name="Hoffman2012" /> Bruises, tears, abrasions, inflammation and lacerations may be visible. If a foreign object was used during the assault, x-ray visualization will identify retained fragments.<ref>{{Cite book|url=https://books.google.com/books?id=Kr6ZBAAAQBAJ&pg=PA65|title=Forensic Gynaecology|last=Dalton|first=Maureen|date=9 October 2014|publisher=Cambridge University Press|isbn=9781107064294}}</ref> Genital injuries are more prevalent in [[post-menopausal]] women and [[prepubescent]] girls. Internal injuries to the [[cervix]] and vagina can be visualized using [[colposcopy]]. Using colposcopy has increased the detection of internal trauma from 6% to 53%. Genital injuries to children who have been raped or sexually assaulted differ in that the abuse may be on-going or may have happened in the past after the injuries heal. [[Scar]]ring is one sign of the sexual abuse of children.<ref name="Hoffman2012" />
Several studies have explored the association between skin color and genital injury among rape victims. Many studies found a difference in rape-related injury based on race, with more injuries being reported for white females and males than for black females and males. This may be because the dark skin color of some victims obscures bruising. Examiners paying attention to victims with darker skin, especially the thighs, labia majora, posterior fourchette, and fossa navicularis, can help remedy this.<ref>Baker RB, Fargo JD, Shambley-Ebron D, Sommers MS. A source of healthcare disparity: Race, skin color, and injuries after rape among adolescents and young adults. Journal of Forensic Nursing, 2010; 6: 144–150</ref>
=== Infections ===
The presence of a sexually contracted infection can not be confirmed after rape because it cannot be detected until 72 hours afterwards.<ref name = marc2015>{{cite book |last=Marcdante |first=Karen |title=Nelson essentials of pediatrics |publisher=Elsevier/Saunders |location=Philadelphia |year=2015 |isbn=978-1-4557-5980-4}}<sup>[subscription required]</sup></ref><!--no page numbers-->
The person who was raped may already have a sexually transmitted infection and if diagnosed, it is treated.<ref name="Varcarolis" /><ref name=VAW2013/><!-- p 111 --> Prophylactic antibiotic treatment for [[vaginitis]], [[gonorrhea]], [[trichomoniasis]] and [[chlamydia infection|chlamydia]] may be performed. Chlamydial and gonococcal infections in women are of particular concern due to the possibility of ascending infection. [[Immunization]] against [[Hepatitis B vaccination|hepatitis B]] is often considered.<ref name = marc2015/><ref name="Varcarolis" /><ref name="Cybulska2013">{{cite journal |last1=Cybulska |first1=Beata |title=Immediate medical care after sexual assault |journal=Best Practice & Research Clinical Obstetrics & Gynaecology |volume=27 |issue=1 |year=2013 |pages=141–149 |issn=1521-6934 |doi=10.1016/j.bpobgyn.2012.08.013|pmid=23200638 }}<sup>[subscription required]</sup></ref> After prophylactic treatment is initiated, further testing is done to determine what other treatments may be necessary for other infections transmitted during the assault.<ref name="Varcarolis" /> These are: * Serum [[hepatitis B]] surface antigen assay * Microscopic evaluation of [[vaginal discharge]] (saline wash and staining) * [[Microbiological culture|Cultures]] for ''[[Neisseria gonorrhoeae]]'' and ''Chlamydia trachomatis'' from each penetrated location * [[Venereal Disease Research Laboratory test|Serum Venereal Disease Research Laboratory test]] * [[Complete blood count]] (CBC) * [[Liver function tests]] * [[Creatinine|Serum creatinine level]]<ref name="Varcarolis" />
Treatment may include the administration of [[zidovudine]]/[[lamivudine]], [[tenofovir]]/[[emtricitabine]], or [[ritonavir]]/[[lopinavir]]. Information regarding other treatment options is available from the CDC.<ref name="Hoffman2012" />
The transmission of HIV is frequently a major concern of the patient.<ref name=VAW2013/><!-- p 111 --> Prophylactic treatment for HIV is not necessarily administered. Routine treatment for HIV after rape or sexual assault is controversial due to the low risk of infection after one sexual assault. Transmission of HIV after one exposure to penetrative anal sex is estimated to be 0.5 to 3.25%. Transmission of HIV after one exposure to penetrative vaginal intercourse is 0.05 to 0.15%. HIV can also be contracted through the oral route but this is considered rare.<ref name="Hoffman2012" /><ref>{{cite web |title=Antiretroviral Postexposure Prophylaxis After Sexual, Injection-Drug Use, or Other Nonoccupational Exposure to HIV in the United States |publisher=Centers for Disease Control and Prevention |date=21 January 2005 |url=https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5402a1.htm |access-date=10 December 2015 |archive-date=14 April 2011 |archive-url=https://web.archive.org/web/20110414180947/http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5402a1.htm |url-status=live }}</ref> Other recommendations are that the patient be treated prophylactically for HIV if the perpetrator is found to be infected.<ref name="NYJH">{{cite web |title=HIV Clinical Resource: HIV Prophylaxis for Victims of Sexual Assault |publisher=Office of the Medical Director, New York State Department of Health AIDS Institute in Collaboration with Johns Hopkins University Division of Infectious Disease |url=http://www.hivguidelines.org/clinical-guidelines/post-exposure-prophylaxis/hiv-prophylaxis-for-victims-of-sexual-assault/ |access-date=10 December 2015|archive-url=https://web.archive.org/web/20160304130135/http://www.hivguidelines.org/clinical-guidelines/post-exposure-prophylaxis/hiv-prophylaxis-for-victims-of-sexual-assault/|archive-date=4 March 2016|url-status=dead}}</ref>
Testing at the time of the initial exam does not typically have forensic value if patients are sexually active and have an STI since it could have been acquired before the assault. Rape shield laws protect the person who was raped and who has positive test results. These laws prevent having such evidence used against someone who was raped. Someone who was raped may be concerned that a prior infection may suggest sexual promiscuity. There may, however, be situations in which testing has a legal purpose, as in cases where the threat of transmission or actual transmission of an STI was part of the crime. In nonsexually active patients, an initial, baseline negative test that is followed by a subsequent STI could be used as evidence, if the perpetrator also had an STI.<ref name=VAW2013/><!-- p 111 -->
Treatment failure is possible due to the emergence of antibiotic-resistant strains of pathogens.<ref name="BaardaSikora2015">{{cite journal |last1=Baarda |first1=Benjamin I. |last2=Sikora |first2=Aleksandra E. |title=Proteomics of Neisseria gonorrhoeae: the treasure hunt for countermeasures against an old disease |journal=Frontiers in Microbiology |volume=6 |pages=1190 |year=2015 |issn=1664-302X |doi=10.3389/fmicb.2015.01190|pmid=26579097 |pmc=4620152 |doi-access=free }}</ref>
=== Emotional and psychiatric ===
Psychiatric and emotional consequences can be apparent immediately after the rape and it may be necessary to treat these very early in the evaluation and treatment.<ref name=VAW2013>{{cite book |title=Violence Against Women |date=April 2013 |publisher=U.S. Department of Justice – Office of Violence Against Women |url=https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf |access-date=10 January 2016 |archive-date=22 July 2020 |archive-url=https://web.archive.org/web/20200722065952/https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf |url-status=dead }}</ref> Other treatable emotional and psychiatric disorders may not become evident until some time after the rape. These can be [[eating disorder]]s, anxiety, fear, [[intrusive thought]]s, fear of crowds, avoidance, anger, depression, humiliation, post-traumatic stress disorder (PTSD) hyperarousal, sexual disorders (including fear of engaging in sexual activity), mood disorders, suicidal ideation, borderline personality disorder, nightmares, fear of situations that remind the patient of the rape and fear of being alone,<ref name="HockettSaucier2015" /> [[Psychomotor agitation|agitation]], [[numbness]] and emotional distance.<ref name="Hoffman2012" /> Victims are able to receive help by using a telephone hotline, [[counseling]], or shelters.<ref name="Rosdahl" /> Recovery from sexual assault is a complicated and controversial concept,<ref name="Recovering from sexual assault" /> but support groups, usually accessed by organizations are available to help in recovery. Professional counseling and ongoing treatment by trained health care providers are often sought by the victim.<ref name="Bud2015">{{cite book |last=Budrionis |first=Rita |title=The sexual abuse victim and sexual offender treatment planner, with DSM-5 updates |publisher=Wiley |location=Hoboken, New Jersey |year=2015 |isbn=978-1-119-07481-6}}</ref>
Some clinicians are specially trained in the treatment of those who have experienced rape and sexual assault/abuse. Treatment can be lengthy and challenging for both the counselor and the patient. Several treatment options exist and vary by accessibility, cost, or whether or not insurance coverage exists for the treatment. Treatment also varies depending upon the expertise of the counselor—some have more experience and or have specialized in the treatment of sexual trauma and rape. To be the most effective, a treatment plan should be developed based upon the struggles of the patient and not necessarily based upon the traumatic experience. An effective treatment plan will consider the following: current stressors, coping skills, physical health, interpersonal conflicts, self-esteem, family issues, involvement of the guardian, and the presence of mental health symptoms. <ref name="Bud2015" />
The degree of success for emotional and psychiatric treatments is often dependent upon the terminology used in the treatment, i.e. redefining the event and experience. Labels used like ''rape victim'' and ''rape survivor'' to describe the new identities of women who have been raped suggest that the event is the dominant and controlling influence on her life. These may affect supportive personnel. The consequences of using these labels need to be assessed.<ref name="HockettSaucier2015" /> Positive outcomes of emotional and psychiatric treatment for rape exist; these can be an improved self-concept, the recognition of growth, and implementing new coping styles.<ref name="HockettSaucier2015" />
A perpetrator found guilty by the court is often required to receive treatment. There are many options for treatment, some more successful than others.<ref>{{cite book |last=Saleh |first=Fabian |title=Sex offenders identification, risk assessment, treatment, and legal issues |publisher=Oxford University Press |location=Oxford New York |year=2009 |isbn=978-0-19-517704-6}}</ref> The psychological factors that motivated the convicted perpetrator are complex but treatment can still be effective. A counselor will typically evaluate disorders that are currently present in the offender. Investigating the developmental background of the offender can help explain the origins of the abusive behavior that occurred in the first place. Emotional and psychological treatment has the purpose of identifying predictors of recidivism, or the potential that the offender will commit rape again. In some instances, neurological abnormalities have been identified in the perpetrators, and in some cases they have themselves experienced past trauma. Adolescents and other children can be the perpetrators of rape, although this is uncommon. In this instance, appropriate counseling and evaluation are usually conducted.<ref name="Kelly2011">{{cite book |last=Kelly |first=Gary |title=Sexuality today |publisher=McGraw-Hill |location=New York, NY |year=2011 |isbn=978-0-07-353199-1}}</ref>
Short-term treatment with a [[benzodiazepine]] may help with anxiety (although caution is recommended with the use of these medications as people can become addicted and develop withdrawal symptoms after regular use) and antidepressants may be helpful for symptoms of [[PTSD|post traumatic stress disorder]], depression and panic attacks.<ref name="Varcarolis" />
== Prosecution ==
=== Reporting === In 2005, sexual violence, and rape in particular, was considered the most under-reported violent crime in Great Britain.<ref name="Kelly2005">{{cite book |last=Kelly |first=Liz |title=A gap or a chasm? : Attrition in reported rape cases |publisher=Home Office Research, Development and Statistics Directorate |location=London |year=2005 |isbn=978-1-84473-555-6}}</ref> The number of reported rapes in Great Britain is lower than both incidence and prevalence rates.<ref>{{cite web |url=http://broken-rainbow.org.uk/research/Dv%20crime%20survey.pdf |title=Domestic violence, sexual assault and stalking: Findings from the British Crime Survey |access-date=31 December 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110812213652/http://broken-rainbow.org.uk/research/Dv%20crime%20survey.pdf |archive-date=12 August 2011}}</ref> Victims who do not act in an expected or stereotypical way may not be believed, as happened in the case of a [[Washington and Colorado serial rape cases|Washington state woman raped in 2008]] who withdrew her report after facing police skepticism.{{sfnp|Smith|2018|pp=438–440}} Her rapist went on to assault several more women before being identified.<ref name="Miller & Armstrong 2015">{{cite news |last1=Miller |first1=T. Christian |last2=Armstrong |first2=Ken |title=An Unbelievable Story of Rape |url=https://www.propublica.org/article/false-rape-accusations-an-unbelievable-story |work=ProPublica |publisher=The Marshall Project |date=16 December 2015 |archive-date=18 July 2019 |access-date=20 July 2019 |archive-url=https://web.archive.org/web/20190718061310/https://www.propublica.org/article/false-rape-accusations-an-unbelievable-story |url-status=live }}</ref>
The legal requirements for reporting rape vary by jurisdiction—each US state may have different requirements.{{citation needed|date=December 2015}} New Zealand has less stringent limits.<ref>{{cite web |title=Reporting Rape, Western Cape Government, New Zealand |work=Western Cape Government |date=2015 |url=https://www.westerncape.gov.za/service/reporting-rape |access-date=8 December 2015 |archive-date=8 August 2023 |archive-url=https://web.archive.org/web/20230808141812/https://www.westerncape.gov.za/service/reporting-rape |url-status=dead }}</ref>
In Italy, a 2006 National Statistic Institute survey on sexual violence against women found that 91.6% of women who suffered this did not report it to the police.<ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=26309&baseHREF=country&baseHREFId=675 |title=The Secretary General's database on violence against women |publisher=UN Secretary General's Database on Violence Against Women |date=24 July 2009 |access-date=3 February 2013 |archive-url=https://web.archive.org/web/20140201182537/http://sgdatabase.unwomen.org/searchDetail.action?measureId=26309&baseHREF=country&baseHREFId=675 |archive-date=1 February 2014}}</ref>
In Japan, in 2018, [[Human Rights Watch]] reported that over 95% of incidents of sexual violence in Japan are not reported to police.<ref>{{cite web | url=https://www.hrw.org/news/2018/07/29/japans-not-so-secret-shame | title=Japan's Not-So-Secret Shame | Human Rights Watch | date=29 July 2018 | access-date=5 December 2023 | archive-date=5 December 2023 | archive-url=https://web.archive.org/web/20231205221746/https://www.hrw.org/news/2018/07/29/japans-not-so-secret-shame | url-status=live }}</ref> In 2023, Japan adopted a new sex crime law that brought about several changes. It replaced "forcible sexual intercourse" with "non-consensual sexual intercourse" and further outlines eight scenarios considered rape, emphasizing one's ability to give [[consent]] within those situations. The new law also establishes [[Sexual grooming|grooming]], [[voyeurism]], and asking for sexual images of children under the age of 16 as crimes.<ref>{{cite web | url=https://greennetwork.asia/news/new-bills-redefine-rape-and-raise-japans-age-of-consent/#:~:text=The%20new%20sex%20crime%20law,give%20consent%20within%20those%20situations | title=New Bills Redefine Rape and Raise Japan's Age of Consent Green Network Asia | date=5 July 2023 | access-date=5 December 2023 | archive-date=16 December 2023 | archive-url=https://web.archive.org/web/20231216051229/https://greennetwork.asia/news/new-bills-redefine-rape-and-raise-japans-age-of-consent/#:~:text=The%20new%20sex%20crime%20law,give%20consent%20within%20those%20situations | url-status=live }}</ref><ref>{{cite web | url=https://www.france24.com/en/tv-shows/access-asia/20230616-japan-new-legislation-redefines-rape-raises-age-of-consent | title=Access Asia – Japan: New legislation redefines rape, raises age of consent | date=16 June 2023 | access-date=5 December 2023 | archive-date=10 November 2023 | archive-url=https://web.archive.org/web/20231110142223/https://www.france24.com/en/tv-shows/access-asia/20230616-japan-new-legislation-redefines-rape-raises-age-of-consent | url-status=live }}</ref>
==== False accusation ==== {{Multiple issues|section=yes| {{undue weight|date=December 2023}} {{globalize|date=December 2023}} }} {{Main|False accusation of rape}} A false accusation of rape is the reporting of a rape where no rape has occurred. It is difficult to assess the true prevalence of false rape allegations, but it is generally agreed by scholars that proven rape accusations are false about 2% to 10% of the time.<ref>DiCanio, M. (1993). ''The encyclopedia of violence: origins, attitudes, consequences''. New York: Facts on File. {{ISBN|978-0-8160-2332-5}}.</ref><ref>{{Cite web|url=https://www.nsvrc.org/sites/default/files/publications_nsvrc_factsheet_media-packet_statistics-about-sexual-violence_0.pdf|title=Statistics about sexual violence|date=2015|website=National Sexual Violence Resource Center|access-date=8 January 2018|archive-date=4 October 2020|archive-url=https://web.archive.org/web/20201004162407/https://www.nsvrc.org/sites/default/files/publications_nsvrc_factsheet_media-packet_statistics-about-sexual-violence_0.pdf|url-status=dead}}</ref><ref name=Lisak2010/>
Another large-scale study was conducted in Australia, with 850 rapes reported to the Victoria police between 2000 and 2003 (Heenan & Murray, 2006). Using both quantitative and qualitative methods, the researchers examined 812 cases and found 15.1% of complaints were withdrawn, 46.4% were marked "no further police action", and 2.1% of the total were "clearly" classified by police as false reports. In these cases, the alleged victim was either charged with filing a false police report, or threatened with charges, and the complaint subsequently withdrawn.<ref>{{cite web |url=http://www.ncjrs.gov/app/abstractdb/AbstractDBDetails.aspx?id=243182 |title=Abstracts Database — National Criminal Justice Reference Service |publisher=Ncjrs.gov |access-date=31 December 2010 |archive-date=30 May 2011 |archive-url=https://web.archive.org/web/20110530092326/http://www.ncjrs.gov/app/abstractdb/AbstractDBDetails.aspx?id=243182 |url-status=live}}</ref>
According to Statistics Canada, 19% and 14% of sexual assault allegations were deemed unfounded in 2016 and 2017, respectively. Cases declared to be unfounded are cases where police determined that the assault did not occur and was not attempted.<ref>{{Cite web |last=Government of Canada |first=Statistics Canada |date=2018-07-23 |title=Unfounded Sexual Assaults in Canada, 2017 |url=https://www150.statcan.gc.ca/n1/pub/11-627-m/11-627-m2018024-eng.htm |access-date=2026-03-31 |website=www150.statcan.gc.ca}}</ref>
In the United Kingdom, the Crown Prosecution Service (CPS) analyzed every rape complaint made over a 17-month period and found that "the indication is that it is therefore extremely rare that a suspect deliberately makes a false allegation of rape or domestic violence purely out of malice."<ref name="huffingtonpost.co.uk">{{Cite web |url=http://www.huffingtonpost.co.uk/2013/03/13/false-rape-allegations-ra_n_2865823.html |title='Damaging Myths' About False Rape Accusations Harming Real Victims |last=UK |first=The Huffington Post |date=13 March 2013 |website=HuffPost UK |access-date=8 September 2017 |archive-date=24 May 2013 |archive-url=https://web.archive.org/web/20130524095332/http://www.huffingtonpost.co.uk/2013/03/13/false-rape-allegations-ra_n_2865823.html |url-status=live }}</ref><ref>"[https://web.archive.org/web/20130831095627/http://cps.gov.uk/publications/research/perverting_course_of_justice_march_2013.pdf Charging perverting the course of justice and wasting police time in cases involving allegedly false rape and domestic violence allegations]" Archived from: http://www.cps.gov.uk/publications/research/perverting_course_of_justice_march_2013.pdf</ref>
FBI reports consistently put the number of "unfounded" rape accusations around 8%. The unfounded rate is higher for forcible rape than for any other Index crime. The average rate of unfounded reports for Index crimes is 2%.<ref>[https://web.archive.org/web/20091229015318/http://www.fbi.gov/ucr/Cius_97/96CRIME/96crime2.pdf Crime Index Offenses Reported]. FBI.gov. 1996</ref> "Unfounded" is not synonymous with a false allegation.<ref>[http://www.oregonsatf.org/resources/docs/False_Allegations.pdf False Allegations, Recantations, and Unfounding in the Context of Sexual Assault] {{Webarchive|url=https://web.archive.org/web/20110727154203/http://oregonsatf.org/resources/docs/False_Allegations.pdf |date=27 July 2011 }}. Attorney General's Sexual Assault Task Force Oregon, US 10 January 2008.</ref> Bruce Gross of the Forensic Examiner described it as meaningless, saying a report could be marked as unfounded if there is no physical evidence or the alleged victim did not sustain any physical injuries.
Other studies have suggested that the rate of false allegations in the United States may be higher. A nine-year study by Eugene J. Kanin of [[Purdue University]] in a small metropolitan area in the Midwestern United States claimed that 41% of rape accusations were false.<ref name=":2">{{cite news |last=Kanin |first=E.J. |title=An alarming national trend: False rape allegations |journal=Archives of Sexual Behavior |volume=23 |number=1 |year=1994}}</ref> However, [[David Lisak]], an associate professor of psychology and director of the Men's Sexual Trauma Research Project at the [[University of Massachusetts Boston]] states that "Kanin's 1994 article on false allegations is a provocative opinion piece, but it is not a scientific study of the issue of false reporting of rape". He further states that Kanin's study has a significantly poor systematic methodology and had no independent definition of a false report. Instead, Kanin classified reports that the police department classified as false also as false.<ref name="VAW2">{{Cite journal |journal=Violence Against Women |volume=16 |issue=12 |title=False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases |first1=David |last1=Lisak |first2=Lori |last2=Gardinier |last3=Nicksa |first3=Sarah C. |first4=Ashley M. |last4=Cote |year=2010 |doi=10.1177/1077801210387747 |pages=1318–1334 |pmid=21164210|s2cid=15377916 }}</ref> The criterion for falsehood was simply a denial of a polygraph test of the accuser.<ref name=":2"/> A 1998 report by the [[National Institute of Justice]] found that DNA evidence excluded the primary suspect in 26% of rape cases and concluded that this "strongly suggests that postarrest and postconviction DNA exonerations are tied to some strong, underlying systemic problems that generate erroneous accusations and convictions".<ref>{{cite web |url=https://www.ncjrs.gov/pdffiles/dnaevid.pdf |last1=Connors |first1=Edward |last2=Lundregan |first2=Thomas |last3=Miller |first3=Neal |last4=McEwen |first4=Tom |title=Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial |publisher=National Institute of Justice |date=June 1996 |pages=xxviii–xxix |access-date=8 February 2014 |archive-date=2 December 2017 |archive-url=https://web.archive.org/web/20171202180025/https://www.ncjrs.gov/pdffiles/dnaevid.pdf |url-status=live }}</ref> However, this study also noted that analyzed samples involved a specific subset of rape cases (e.g. those where "there is no consent defense").
A 2010 study by David Lisak, Lori Gardinier and other researchers published in the journal of [[Violence Against Women (journal)|''Violence against Women'']] found that out of 136 cases reported in a ten-year period, 5.9% were found likely to be false.<ref name=Lisak2010>{{Cite journal |title=False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases |journal=Violence Against Women |date=1 December 2010 |issn=1077-8012 |pmid=21164210 |pages=1318–1334 |volume=16 |issue=12 |doi=10.1177/1077801210387747 |first1=David |last1=Lisak |first2=Lori |last2=Gardinier |first3=Sarah C. |last3=Nicksa |first4=Ashley M. |last4=Cote|s2cid=15377916 }}</ref> A 2018 study in the UK by [[Lesley McMillan]] published in the ''[[Journal of Gender Studies]]'' found that although police estimated 5–95% of rape claims were likely to be false, the analysis showed no more than 3–4% were possible to be evidenced as "fabricated'.<ref>{{Cite journal|last=McMillan|first=Lesley|date=2 January 2018|title=Police officers' perceptions of false allegations of rape|url=https://www.tandfonline.com/doi/full/10.1080/09589236.2016.1194260|journal=Journal of Gender Studies|language=en|volume=27|issue=1|pages=9–21|doi=10.1080/09589236.2016.1194260|s2cid=148033737|issn=0958-9236|archive-date=27 August 2021|access-date=27 August 2021|archive-url=https://web.archive.org/web/20210827210920/https://www.tandfonline.com/doi/full/10.1080/09589236.2016.1194260|url-status=live}}</ref>
=== Conviction ===
In the United Kingdom, in 1970, there was a 33% rate of conviction, while by 1985 there was a 24% conviction rate for rape trials in the UK; by 2004, the conviction rate reached 5%.<ref>{{cite news |url=https://www.theguardian.com/uk/2005/jul/31/ukcrime.immigrationpolicy |title=50,000 rapes each year but only 600 rapists sent to jail |author=Miranda Sawyer |publisher=The Guardian. |archive-date=16 April 2023 |access-date=19 October 2016 |archive-url=https://web.archive.org/web/20230416194836/https://www.theguardian.com/uk/2005/jul/31/ukcrime.immigrationpolicy |url-status=live }}</ref> At that time the government report has expressed documented the year-on-year increase in attrition of reported rape cases, and pledged to address this "justice gap".<ref name="Kelly2005" /> According to Amnesty International, Ireland had the lowest rate of conviction for rape, (1%) among 21 European states, in 2003.<ref>{{cite web |url=http://www.amnesty.ie/news/damning-indictment-ireland%E2%80%99s-attitude-women |title=A damning indictment of Ireland's attitude to women | Amnesty International |publisher=Amnesty INternational |access-date=3 February 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130308122902/http://amnesty.ie/news/damning-indictment-ireland%E2%80%99s-attitude-women |archive-date=8 March 2013 }}</ref> In America as of 2012, there exists a noticeable discrepancy in conviction rates among women of various ethnic identities; an arrest was made in just 13% of the sexual assaults reported by American Indian women, compared with 35% for black women and 32% for whites.<ref name="Williams2012"/>
In 2024, the [[University of Cambridge]] did a study on [[rape in Japan]]. They found that while [[Japanese police]] claim to solve 97% of rape cases, only 5–10% of rape victims report it to police, and police record less than half of reported cases while prosecutors charge about one-third of recorded cases. Also for every 1000 rapes in Japan, only 10–20 (1–2%) result in the offender being charged and convicted.<ref>{{cite journal | url=https://www.cambridge.org/core/journals/international-journal-of-asian-studies/article/is-rape-a-crime-in-japan/E5A43CF9D262C99C350C557A8419EB3B | doi=10.1017/S1479591423000554 | title=Is rape a crime in Japan? | date=2024 | last1=Johnson | first1=David T. | journal=International Journal of Asian Studies | pages=1–16 | doi-access=free | archive-date=27 January 2024 | access-date=27 January 2024 | archive-url=https://web.archive.org/web/20240127201656/https://www.cambridge.org/core/journals/international-journal-of-asian-studies/article/is-rape-a-crime-in-japan/E5A43CF9D262C99C350C557A8419EB3B | url-status=live }}</ref>
Judicial bias due to rape myths and preconceived notions about rape is a salient issue in rape conviction, but [[Voir dire|''voir dire'' intervention]] may be used to curb such bias.<ref>Mallios C, Meisner T. Educating juries in sexual assault cases: Using voir dire to eliminate jury bias. Strategies: The Prosecutors' Newsletter on Violence Against Women, 2010; 2. http://www.aequitasresource.org/EducatingJuriesInSexualAssaultCasesPart1.pdf {{Webarchive|url=https://web.archive.org/web/20160421041500/http://www.aequitasresource.org/EducatingJuriesInSexualAssaultCasesPart1.pdf |date=21 April 2016 }}</ref>
== Statistics == {{Main|Rape statistics|Estimates of sexual violence}}
International Crime on Statistics and Justice by the [[United Nations Office on Drugs and Crime]] (UNODC) find that worldwide, most victims of rape are women and most perpetrators male.<ref name=":1">{{Cite web |url=https://www.unodc.org/documents/data-and-analysis/Crime-statistics/International_Statistics_on_Crime_and_Justice.pdf |title=International Statistics on Crime and Justice |website=www.unodc.org |publisher=United Nations Office on Drugs and Crimes |last1=Harrendorf |last2=Haskenan |last3=Malby |first1=Stefan |first2=Marku |first3=Steven |access-date=10 February 2016 |archive-date=28 July 2011 |archive-url=https://web.archive.org/web/20110728144510/http://www.unodc.org/documents/data-and-analysis/Crime-statistics/International_Statistics_on_Crime_and_Justice.pdf |url-status=live }}</ref> Rapes against women are rarely reported to the police and the number of female rape victims is significantly underestimated.<ref name=":1" /> Southern Africa, Oceania, and North America report the highest numbers of rape.<ref name=":1" />
Most rape is committed by someone the victim knows.<ref name="Finley 2018">{{cite book |last=Finley |first=Laura |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of Rape and Sexual Violence, Volume 1 |date=2018 |publisher=ABC-CLIO |isbn=978-1-44-084489-8 |page=1 |chapter-url=https://books.google.com/books?id=7SJWDwAAQBAJ&q=%22acquaintance+rape%22 |chapter=Acquaintance rape }}</ref> By contrast, rape committed by strangers is relatively uncommon. Statistics reported by the [[Rape, Abuse & Incest National Network]] (RAINN) in the United States indicate that 7 out of 10 cases of sexual assault involved a perpetrator known to the victim.<ref name="Smith 2018">{{cite book |editor-last=Smith |editor-first=Merril D. |title=Encyclopedia of Rape and Sexual Violence, Volume 2 |date=2018 |publisher=ABC-CLIO |isbn=978-1-44-084489-8 |page=430 |chapter-url=https://books.google.com/books?id=7SJWDwAAQBAJ&q=%22stranger+rape%22 |chapter=Stranger rape }}</ref> [[File:Cape Town anti-femicide demonstration 04.jpg|thumb|Demonstration against [[sexual violence in South Africa]] following the [[murder of Uyinene Mrwetyana]], 2019]] The humanitarian news organization [[The New Humanitarian|IRIN]] claims that an estimated "500,000 rapes are committed annually in South Africa<ref>{{cite news |title=SOUTH AFRICA: One in four men rape |url=http://www.irinnews.org/report/84909/south-africa-one-in-four-men-rape |newspaper=[[The New Humanitarian|IRIN]] Africa |date=18 June 2009 |access-date=11 December 2011 |archive-date=11 February 2016 |archive-url=https://web.archive.org/web/20160211080216/http://www.irinnews.org/report/84909/south-africa-one-in-four-men-rape |url-status=live }}</ref> once called 'the world's rape capital.'<ref>"[https://www.washingtonpost.com/blogs/worldviews/wp/2013/03/05/south-africa-once-called-the-worlds-rape-capital-is-running-out-of-rape-kits/ South Africa, once called 'the world's rape capital,' is running out of rape kits] {{Webarchive|url=https://web.archive.org/web/20150705194819/http://www.washingtonpost.com/blogs/worldviews/wp/2013/03/05/south-africa-once-called-the-worlds-rape-capital-is-running-out-of-rape-kits/ |date=5 July 2015 }}". ''[[The Washington Post]]''. March 5, 2013.</ref> The country has some of the highest incidences of child sexual abuse in the world with more than 67,000 cases of rape and sexual assaults against children reported in 2000, with welfare groups believing that unreported incidents could be up to 10 times higher.<ref name="cure">"[https://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/1362134/South-African-men-rape-babies-as-cure-for-Aids.html South African men rape babies as 'cure' for Aids] {{Webarchive|url=https://web.archive.org/web/20201008021044/https://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/1362134/South-African-men-rape-babies-as-cure-for-Aids.html |date=8 October 2020 }}". ''[[The Daily Telegraph]]''. 11 November 2001</ref> Current data suggest that the incidence of rape has risen significantly in India.<ref name="SharmaSrivastava2015">{{cite journal |last1=Sharma |first1=Indira |last2=Srivastava |first2=Shruti |last3=Bhatia |first3=MS |last4=Chaudhuri |first4=Uday |last5=Parial |first5=Sonia |last6=Sharma |first6=Avdesh |last7=Kataria |first7=Dinesh |last8=Bohra |first8=Neena |title=Violence against women |journal=Indian Journal of Psychiatry |volume=57 |issue=6 |pages=S333–8 |year=2015 |issn=0019-5545 |doi=10.4103/0019-5545.161500|pmid=26330651 |pmc=4539878 |doi-access=free }}</ref>
Most rape research and reports of rape are limited to male–female forms of rape. Research [[Rape of males|on male-on-male and female-on-male rape]] is rare. Fewer than one in ten male–male rapes are reported. As a group, males who have been raped by either gender often get little services and support, and legal systems are often ill-equipped to deal with this type of crime. Instances in which the perpetrator is female may not be clear and can lead to dismissing women as sexual aggressors, which can obscure the dimensions of the problem. Research also suggests that men with peers who display sexually aggressive behaviour are more likely to adopt the same behaviour.<ref>{{cite journal |vauthors=Gwartney-Gibbs PA, Stockard J, Bohmer S |title=Learning courtship aggression: the influence of parents, peers and personal experiences- |journal=[[Family Relations (journal)|Family Relations]] |year=1983 |volume=35 |issue=3 |pages=276–282 |doi=10.2307/583540 |jstor=583540|url=https://scholarsbank.uoregon.edu/xmlui/handle/1794/28125 |url-access=subscription }}</ref>
Risk factors vary among different ethnicities in the [[United States]]. About one third of [[African American]] adolescent females report encountering some form of sexual assault including rape.<ref>{{cite book |last=Zitelli |first=Basil |title=Zitelli and Davis' atlas of pediatric physical diagnosis |publisher=Saunders/Elsevier |location=Philadelphia, PA |year=2012 |isbn=978-0-323-07932-7}}</ref> One in three [[Native Americans in the United States|Native American]] women will experience sexual assault, more than twice the national average for American women.<ref name="Williams2012">{{cite news |author=Timothy Williams |title=For Native American Women, Scourge of Rape, Rare Justice |date=22 May 2012 |newspaper=New York Times}}</ref>
== Deterrence and prevention == {{Main|Initiatives to prevent sexual violence|Deterrence (penology)}}
{{Criminology and penology |penology}} As sexual violence affects all parts of society, the response to sexual violence is comprehensive. The responses can be categorized as individual approaches, healthcare responses, community-based efforts, and actions to prevent other forms of sexual violence.<ref name="Chapter 6"/>
Sexual assault may be [[crime prevention|prevented]] by secondary school,<ref>{{cite journal |last1=Smothers |first1=M.K. |year=2011 |title=A Sexual Assault Primary Prevention Model with Diverse Urban Youth |journal=Journal of Child Sexual Abuse |volume=20 |issue=6 |pages=708–727 |last2=Smothers |first2=D. Brian |s2cid=20570694 |pmid=22126112 |doi=10.1080/10538712.2011.622355}}</ref> college,<ref name="Foubert">{{cite journal |author=Foubert J.D. |year=2000 |title=The Longitudinal Effects of a Rape-prevention Program on Fraternity Men's Attitudes, Behavioral Intent, and Behavior |journal=Journal of American College Health |volume=48 |issue=4 |pages=158–63 |doi=10.1080/07448480009595691 |url=https://apps.carleton.edu/campus/gsc/assets/1_4_Longitudinal_Effects.pdf |pmid=10650733 |s2cid=38521575 |archive-date=4 March 2016 |access-date=12 December 2011 |archive-url=https://web.archive.org/web/20160304055301/https://apps.carleton.edu/campus/gsc/assets/1_4_Longitudinal_Effects.pdf |url-status=live }}</ref><ref>{{cite journal |author=Vladutiu C.J. |year=2011 |title=College- or university-based sexual assault prevention programs: a review of program outcomes, characteristics, and recommendations |journal=Trauma, Violence, and Abuse |volume=12 |issue=2 |pages=67–86 |pmid=21196436 |doi=10.1177/1524838010390708 |s2cid=32144826 |display-authors=etal}}</ref> and workplace education programs.<ref>{{cite journal |pmid=10520434 |volume=19 |issue=7 |title=Sexual assault prevention programs: current issues, future directions, and the potential efficacy of interventions with women |date=November 1999 |vauthors=Yeater EA, O'Donohue W |journal=Clin Psychol Rev |pages=739–71 |doi=10.1016/S0272-7358(98)00075-0 |citeseerx=10.1.1.404.3130}}</ref> At least one program for [[fraternity]] men produced "sustained behavioral change."<ref name="Foubert" /><ref>{{cite journal |author=Garrity S.E. |year=2011 |title=Sexual assault prevention programs for college-aged men: A critical evaluation |journal=Journal of Forensic Nursing |volume=7 |issue=1 |pages=40–8 |pmid=21348933 |doi=10.1111/j.1939-3938.2010.01094.x |s2cid=39471249}}</ref> With regard to [[campus sexual assault]], nearly two thirds of students reported knowing victims of rape, and in one study over half reported knowing perpetrators of sexual assault; one in ten reported knowing a victim of rape; and nearly one in four reported knowing a victim of alcohol-facilitated rape.<ref>{{cite journal |vauthors=Sorenson SB, Joshi M, Sivitz E |title=Knowing a sexual assault victim or perpetrator: A stratified random sample of undergraduates at one university |journal=Journal of Interpersonal Violence |date=2014 |volume=29 |issue=3 |pages=394–416|doi=10.1177/0886260513505206 |pmid=24128425 |s2cid=8130347 }}</ref>
== History == === Definitions and evolution of laws === {{Main|History of rape}}
{{anchor|Definitions}} [[File:Tizian 094.jpg|thumb|''[[Tarquin and Lucretia]]'', by [[Titian]], 1571. According to ancient Roman legend, the rape of [[Lucretia]] by the king's son led to the formation of the [[Roman Republic]].]] Virtually all societies have had a concept of the crime of rape. Although what constituted this crime has varied by historical period and culture, the definitions tended to focus around an act of forced vaginal intercourse perpetrated through physical violence or imminent threat of death or severe bodily injury, by a man, on a woman, or a girl, not his wife. The [[actus reus]] of the crime, was, in most societies, the insertion of the penis into the vagina.<ref name="ReferenceA">{{cite book |url={{Google books |plainurl=yes |id=mdZktFIzfCgC}} |title=Development of Global Prohibition Regimes: Pillage and Rape in War – Tuba Inal |access-date=15 June 2013}}</ref><ref name="auto1">{{cite book |url={{Google books |plainurl=yes |id=X_w83yCJCOQC}} |title=The Routledge History of Sex and the Body: 1500 to the Present |date=14 March 2013 |access-date=15 June 2013}}</ref> The way sexuality was conceptualized in many societies rejected the very notion that a woman could force a man into sex—women were often seen as passive while men were deemed to be assertive and aggressive. Sexual penetration of a male by another male fell under the legal domain of [[sodomy]].
[[Rape law]]s existed to protect [[virgin]]al daughters from rape. In these cases, a rape done to a woman was seen as an attack on the estate of her father because she was his property and a woman's virginity being taken before marriage lessened her value; if the woman was married, the rape was an attack on the husband because it violated his property.<ref name="Sanders">{{cite book |author=Teela Sanders|title=Sex Offenses and Sex Offenders|publisher=[[Oxford University Press]]|year=2012|page=82|access-date=28 January 2017|isbn=978-0190213633 |url=https://books.google.com/books?id=rb5LDQAAQBAJ&pg=PA82}}</ref><ref name="Yllö">{{cite book |author1=Kersti Yllö |author2=M. Gabriela Torres |title=Marital Rape: Consent, Marriage, and Social Change in Global Context |publisher=[[Oxford University Press]] |year=2016|page=20|access-date=28 January 2017 |isbn=978-0190238377 |url=https://books.google.com/books?id=WpNHDAAAQBAJ&pg=PA20}}</ref> The rapist was either subject to payment or severe punishment.<ref name="Yllö"/><ref name="Tomm">{{cite book|author=Winnie Tomm|title=Bodied Mindfulness: Women's Spirits, Bodies and Places|publisher=[[Wilfrid Laurier University Press]]|year=2010|page=140|isbn=978-1554588022 |url=https://books.google.com/books?id=_dnfAgAAQBAJ&pg=PT140 |access-date=28 January 2017}}</ref><ref name="Tetlow">{{cite book |author=Elisabeth Meier Tetlow |title=Women, Crime and Punishment in Ancient Law and Society: Volume 1: The Ancient Near East |publisher=[[A&C Black]] |year=2010 |page=131|isbn=978-0826416285 |url=https://books.google.com/books?id=ONkJ_Rj1SS8C&pg=PA131 |access-date=30 January 2017}}</ref> The father could rape or keep the rapist's wife or make the rapist marry his daughter.<ref name="Sanders"/><ref name="Tetlow"/> A man could not be charged with raping his wife since she was his property. Thus, marital rape was allowed.<ref name="Yllö"/><ref name="Carline">{{cite book |first1=Anna|last1=Carline|first2=Patricia|last2=Easteal |title=Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society|publisher=[[Routledge]]|year=2014|page=209|isbn=978-1317815242 |url=https://books.google.com/books?id=NqeQBAAAQBAJ&pg=PA209 |access-date=30 January 2017}}</ref> Author Winnie Tomm stated, "By contrast, rape of a single woman without strong ties to a father or husband caused no great concern."<ref name="Tomm"/> An incident could be excluded from the definition of rape due to the relation between the parties, such as marriage, or due to the background of the victim. In many cultures forced sex on a prostitute, slave, war enemy, member of a [[racial minority]], etc., was not rape.<ref>{{cite web |title=Case Closed: Rape and Human Rights in Nordic countries |publisher=[[Amnesty International]] |date=8 March 2010 |url=http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf |archive-date=20 October 2013 |archive-url=https://web.archive.org/web/20131020202147/http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf}}</ref>
From the classical antiquity of [[Ancient Greece|Greece]] and [[Ancient Rome|Rome]] into the [[Colonialism|Colonial period]], rape along with arson, [[treason]] and murder was a [[capital offense]]. "Those committing rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular." In the 12th century, kinsmen of the victim were given the option of executing the punishment themselves. "In England in the early fourteenth century, a victim of rape might be expected to gouge out the eyes and/or sever the offender's testicles herself."<ref>"The Medieval Blood Sanction and the Divine Beneficene of Pain: 1100–1450", Trisha Olson, ''Journal of Law and Religion'', 22 JLREL 63 (2006)</ref> Despite the harshness of these laws, actual punishments were usually far less severe: in late Medieval Europe, cases concerning rapes of marriageable women, wives, widows, or members of the lower class were rarely brought forward, and usually ended with only a small monetary fine or a marriage between the victim and the rapist.<ref name="Eckman">{{cite journal |last=Eckman |first=Zoe |url=http://medievalists.net/files/11020201.pdf |title=An Oppressive Silence: The Evolution of the Raped Woman in Medieval France and England |journal=Historian: Journal of the Undergraduate History Department at New York University |volume=50 |year=2009 |pages=68–77 |archive-date=22 December 2018 |access-date=19 January 2012 |archive-url=https://web.archive.org/web/20181222174514/http://www.medievalists.net/files/11020201.pdf |url-status=live }}</ref>
In ancient Greece and Rome, both male-on-female and male-on-male concepts of rape existed. Roman laws allowed three distinct charges for the crime: ''stuprum'', unsanctioned sexual intercourse (which, in the early times, also included adultery); ''vis'', a physical assault for purpose of lust; and ''iniuria'', a general charge denoting any type of assault upon a person. The aforementioned ''Lex Iulia'' specifically criminalized ''per vim stuprum'', unsanctioned sexual intercourse by force. The former two were public criminal charges which could be brought whenever the victim was a woman or a child of either gender, but only if the victim was a freeborn Roman citizen (''[[ingenui|ingenuus]]''), and carried a potential sentence of death or exile. ''Iniuria'' was a civil charge that demanded monetary compensation, and had a wider application (for example, it could have been brought in case of sexual assault on a slave by a person other than their owner.) [[Augustus]] Caesar enacted reforms for the crime of rape under the assault statute ''Lex Iulia de vi publica'', which bears his family name, ''Iulia''. It was under this statute rather than the adultery statute of ''Lex Iulia de adulteriis'' that Rome prosecuted this crime.<ref>James Fitzjames Stephen, ''A History of the Criminal Law of England'', p. 17 [{{Google books |plainurl=yes |id=jecTHASFYeUC }}]</ref> Rape was made into a "public wrong" (''iniuria publica'') by the Roman Emperor [[Constantine I|Constantine]].<ref>George Mousourakis, ''The Historical and Institutional Context of Roman Law'' p. 30 [{{Google books |plainurl=yes |id=8qE1zFHyGXoC }}]</ref><ref>Brundage, James A., "Rape and Seduction in Medieval Canon Law", in ''Sexual Practices and the Medieval Church'', edited by Vern L. Bullough and James Brundage, Buffalo, 1982, p.141</ref>
In contrast to the modern understanding of the subject, Romans drew clear distinctions between "active" (penetrative) and "passive" (receptive) partners, and all these charges implied penetration by the assailant (which necessarily ruled out the possibility of female-on-male or female-on-female rape.) It is not clear which (if any) of these charges applied to assaults upon an adult male, though such an assault upon a citizen was definitely seen as a grave insult (within Roman culture, an adult male citizen could not possibly consent to the receptive role in sexual intercourse without a severe loss of status.) The law known as [[Lex Scantinia]] covered at least some forms of male-on-male ''stuprum'', and [[Quintillian]] mentions a fine of 10,000 sesterces – about 10 years' worth of a Roman legionnaire's pay – as a normal penalty for ''stuprum'' upon an ''ingenuus''. However, its text is lost and its exact provisions are no longer known.<ref>{{cite web |url=http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1084&context=mjgl |title=Roman Rape: An Overview of Roman Rape Laws from the Republican Period to Justinian's Reign |author=Nghiem L. Nguyen |year=2006 |access-date=19 January 2017 |archive-date=6 August 2023 |archive-url=https://web.archive.org/web/20230806132517/https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1084&context=mjgl |url-status=live }}</ref>
Emperor [[Justinian]] continued the use of the statute to prosecute rape during the sixth century in the [[Eastern Roman Empire]].<ref>[[Justinian]] [http://www.constitution.org/sps/sps02_j1-4.htm ''Institutiones''] {{Webarchive|url=https://web.archive.org/web/20180612143943/http://www.constitution.org/sps/sps02_j1-4.htm |date=12 June 2018 }}</ref> By [[late antiquity]], the general term ''raptus'' had referred to abduction, [[elopement]], robbery, or rape in its modern meaning. Confusion over the term led ecclesiastical commentators on the law to differentiate it into ''raptus seductionis'' (elopement without parental consent) and ''raptus violentiae'' (ravishment). Both of these forms of ''raptus'' had a civil penalty and possible excommunication for the family and village receiving the abducted woman, although ''raptus violentiae'' also incurred punishments of mutilation or death.<ref>[[Basil of Caesarea]], [http://www.ccel.org/ccel/schaff/npnf208.ix.cclxxi.html ''Letters''] {{Webarchive|url=https://web.archive.org/web/20070212062150/http://www.ccel.org/ccel/schaff/npnf208.ix.cclxxi.html |date=12 February 2007 }} circa 374 AD</ref>
In the United States, a husband could not be charged with raping his wife until 1979.<ref>{{Cite magazine |url=https://time.com/3975175/spousal-rape-case-history/ |title=When Spousal Rape First Became a Crime in the U.S. |last=Rothman |first=Lily |magazine=Time |access-date=8 September 2017 |archive-date=19 September 2017 |archive-url=https://web.archive.org/web/20170919204142/http://time.com/3975175/spousal-rape-case-history/ |url-status=live }}</ref> In the 1950s, in some states in the US, a white woman having consensual sex with a black man was considered rape.<ref>{{cite news |title=The Challenge of Defining Rape |date=11 October 2014 |last=Urbina |first=Ian |newspaper=The New York Times |url=https://www.nytimes.com/2014/10/12/sunday-review/being-clear-about-rape.html|access-date= 5 December 2015}}</ref> Prior to the 1930s, rape was considered a [[sex crime]] that was always committed by men and always done to women. From 1935 to 1965, a shift from labeling rapists as criminals to believing them to be mentally ill "sexual [[psychopaths]]" began making its way into popular opinion. Men caught for committing rape were no longer sentenced to prison but admitted to mental health hospitals where they would be given medication for their illness.<ref name=Maschke1997>Maschke, Karen J. ''The Legal Response to Violence against Women''. New York: Garland Pub., 1997. {{ISBN|9780815325192}}</ref> Because only men deemed insane were the ones considered to have committed rape, no one considered the everyday person to be capable of such violence.<ref name=Maschke1997/>
Transitions in women's roles in society were also shifting, causing alarm and blame towards rape victims. Because women were becoming more involved in the public (i.e. searching for jobs rather than being a housewife), some people claimed that these women were "loose" and looking for trouble. Giving up the [[gender role]]s of mother and wife was seen as defiant against traditional values while immersing themselves within society created the excuse that women would "not [be] entitled to protection under the traditional guidelines for male-female relationships".<ref name=Maschke1997/>
Until the 19th century, many jurisdictions required [[ejaculation]] for the act to constitute the offense of rape.<ref name="ReferenceA"/><ref name="auto1"/> Acts other than vaginal intercourse did not constitute rape in [[common law]] countries and in many other societies. In many cultures, such acts were illegal, even if they were consensual and performed between married couples (see [[sodomy laws]]). In England, for example, the [[Buggery Act 1533]], which remained in force until 1828, provided for the death penalty for "[[buggery]]". Many countries criminalized "non-traditional" forms of sexual activity well into the modern era: notably, in the US state of [[Idaho]], sodomy between consensual partners was punishable by a term of five years to life in prison as late as 2003, and this law was only ruled to be inapplicable to married couples in 1995.<ref>{{cite web |url=http://www.glapn.org/sodomylaws/sensibilities/idaho.htm |last=Painter |first=George |title=The History of Sodomy Laws in the United States – Idaho |website=Gay & Lesbian Archives of the Pacific Northwest |access-date=11 December 2015 |archive-date=18 January 2020 |archive-url=https://web.archive.org/web/20200118031708/http://www.glapn.org/sodomylaws/sensibilities/idaho.htm |url-status=live }}</ref> Today, in many countries, the definition of the actus reus has been extended to all forms of penetration of the vagina and anus (e.g. penetration with objects, fingers (digital rape) or other body parts) as well as insertion of the penis in the mouth.
In the United States, before and during the [[American Civil War]] when [[chattel slavery]] was widespread, the law focused primarily on rape as it pertained to black men raping white women. The penalty for such a crime in many jurisdictions was death or castration. The rape of a black woman, by any man, was considered legal.<ref name=Maschke1997 /> As early as the 19th century, American women were criticized if they "stray[ed] out of a [dependent] position...fought off [an] attacker...[or] behaved in too self reliant a manner..." in which case "the term rape no longer applied".<ref>Hamilton Arnold, Marybeth. "Chapter 3 Life of a Citizen in the Hands of a Woman." ''Passion and Power: Sexuality in History''. Ed. Kathy Lee. Peiss, Christina Simmons, and Robert A. Padgug. Philadelphia: Temple UP, 1989. {{ISBN|978-0877225966}}</ref>
In 1998, Judge [[Navanethem Pillay]] of the [[International Criminal Tribunal for Rwanda]] said: "From time immemorial, rape has been regarded as [[Wartime sexual violence|spoils of war]]. Now it will be considered a war crime. We want to send out a strong message that rape is no longer a trophy of war."<ref name="paulwalters" />
In ''Aydin v Turkey'', the [[European Court of Human Rights]] ruled for the first time that rape amounts to torture, thus violating article 3 of the [[European Convention on Human Rights]]. It stated, "Rape of a detainee by an official of the State must be considered to be an especially grave and abhorrent form of ill-treatment given the ease with which the offender can exploit the vulnerability and weakened resistance of his victim."<ref>ECHR 25 September 1997, no. 57/1996/676/866, paragraph 83, [https://hudoc.echr.coe.int/eng?i=001-58371 ''Aydin v Turkey''] {{Webarchive|url=https://web.archive.org/web/20230826163643/https://hudoc.echr.coe.int/eng?i=001-58371 |date=26 August 2023 }}.</ref>
In ''M.C. v Bulgaria'', the Court found that the use of violence on the part of the perpetrator is not a necessary condition for a sexual act to be qualified as rape. It stated, "Indeed, rapists often employ subtle coercion or bullying when this is sufficient to overcome their victims. In most cases of rape against children, violence is not necessary to obtain submission. Courts are also recognizing that some women become frozen with fear at the onset of a sexual attack and thus cannot resist."<ref>ECHR 4 December 2003, no. 39272/98, paragraph 146, [https://hudoc.echr.coe.int/eng?i=001-61521 ''M.C. v Bulgaria''].</ref>
===War rape=== {{See also|Wartime sexual violence|}} [[File:Konstantin Makovsky - The Bulgarian martyresses.jpg|right|thumb|''The Bulgarian martyresses'', a painting depicting the rape of Bulgarian women by [[Ottoman Empire|Ottoman]] troops during the [[April Uprising]] of 1876]] Rape, in the course of war, dates back to antiquity, ancient enough to have been mentioned in the Bible.<ref name="Women in the Old Testament" /> When [[Amazon rainforest|Amazon]]'s [[Yanomami]] tribes fought and raided nearby tribes, women were often raped and brought back to the ''[[shabono]]'' to be adopted into the captor's community.<ref>R. Brian Ferguson (1995). ''Yanomami Warfare: A Political History''. Santa Fe: School for American Research Press.</ref>
The [[Mongols]], who established the [[Mongol Empire]] across much of [[Eurasia]], caused [[Destruction under the Mongol Empire|much destruction]] during [[Timeline of Mongol conquests|their invasions]].<ref>{{Cite web|url=http://www.uwgb.edu/dutchs/WestTech/xmongol.htm|archiveurl=https://web.archive.org/web/20091211192523/http://www.uwgb.edu/dutchs/WestTech/xmongol.htm|url-status=dead|title="Rise of Mongol Power"|archivedate=11 December 2009}}</ref>
Historian [[Jack Weatherford]] said that the earliest incident of mass rape attributed to Mongols took place after [[Ogodei Khan]] sent an army of 25,000 soldiers to North China, where they defeated an army of 100,000. The Mongols were said to have raped the surviving soldiers at the command of their leader. Ogodei Khan was also said to have ordered mass rapes of the [[Oirats|Oirat]].<ref>{{cite book |last1=Weatherford |first1=Jack |title=The Secret History of the Mongol Queens |date=1 March 2011 |publisher=Broadway Books |isbn=978-0307407160 |page=90 |url=https://books.google.com/books?id=FZ4xHb9bCZAC&pg=PA90}}</ref> According to [[Rogerius of Apulia]], a monk who survived the [[First Mongol invasion of Hungary|Mongol invasion of Hungary]], the Mongol warriors "found pleasure" in humiliating local women.<ref>{{cite book |author1=Richard Bessel |author1-link = Richard Bessel |author2=Dirk Schumann |title=Life after death: approaches to a cultural and social history of Europe during the 1940s and 1950s |url={{Google books |plainurl=yes |id=NilW70Yol74C |page=143}} |access-date=1 October 2011|year=2003|publisher=Cambridge University Press|isbn=978-0-521-00922-5|pages=143–}}</ref>
The [[systematic rape]] of as many as 80,000 women by the Japanese soldiers during the six weeks of the [[Nanjing Massacre]] is an example of such atrocities.<ref>[https://web.archive.org/web/20080308163835/http://www.cnn.com/WORLD/9712/13/remembering.nanjing/ Chinese city remembers Japanese 'Rape of Nanjing']. CNN. 13 December 1997</ref> During [[World War II]], an estimated 200,000 Korean and Chinese women were forced into prostitution in [[Empire of Japan|Japanese]] military brothels as so-called "[[comfort women]]".<ref>[https://web.archive.org/web/20090324104443/http://english.chosun.com/w21data/html/news/200703/200703190023.html Comfort Women Were 'Raped': U.S. Ambassador to Japan]. chosun.com. 19 March 2007</ref> French Moroccan troops, known as [[Goumier]]s, committed rapes and other war crimes after the [[Battle of Monte Cassino]]. ''(See [[Marocchinate]].)''<ref>{{cite web |url=http://listserv.acsu.buffalo.edu/cgi-bin/wa?A2=ind9705&L=twatch-l&D=1&O=D&F=P&P=1025 |title=Italian women win cash for wartime rapes |publisher=Listserv.acsu.buffalo.edu |access-date=31 December 2010 |url-status=dead |archive-url=https://web.archive.org/web/20130715172056/http://listserv.acsu.buffalo.edu/cgi-bin/wa?A2=ind9705&L=twatch-l&D=1&O=D&F=P&P=1025 |archive-date=15 July 2013 }}</ref> French women in Normandy reported [[Rape during the liberation of France|rapes during the liberation of Normandy]].<ref>{{cite magazine |author=Mathieu von Rohr |title='Bandits in Uniform': The Dark Side of GIs in Liberated France |date=29 May 2013 |magazine=[[Der Spiegel|Spiegel]] |url=http://www.spiegel.de/international/europe/new-book-reveals-dark-side-of-american-soldiers-in-liberated-france-a-902266.html |access-date=31 May 2013 |archive-date=30 March 2023 |archive-url=https://web.archive.org/web/20230330121923/https://www.spiegel.de/international/europe/new-book-reveals-dark-side-of-american-soldiers-in-liberated-france-a-902266.html |url-status=live }}</ref>
Rapes were committed by [[War crimes of the Wehrmacht|Wehrmacht]] forces on Jewish women and girls during the [[Invasion of Poland]] in September 1939;<ref>{{Cite book|title=55 Dni Wehrmachtu w Polsce" Szymon Datner Warsaw 1967 page 67 "Zanotowano szereg faktów gwałcenia kobiet i dziewcząt żydowskich" (Numerous rapes were committed against Jewish women and girls)}}</ref> they were also committed against Polish, Ukrainian, Belarusian and Russian women, and girls during mass executions which were primarily carried out by the [[Selbstschutz]] units, with the assistance of Wehrmacht soldiers who were stationed in territory that was under the administration of the German military; the rapes were committed against female captives before they were shot.<ref>{{Cite web |title=war crimes |url=http://www.kki.net.pl/~museum/rozdz3%2C2.htm|archive-url=https://web.archive.org/web/20071029144245/http://www.kki.net.pl/~museum/rozdz3%2C2.htm|archive-date=29 October 2007|url-status=dead}}</ref> Only one case of rape was prosecuted by a German court during the military campaign in Poland, and even then the German judge found the perpetrator guilty of ''[[Rassenschande]]'' (committing a shameful act against his race as defined by the [[racial policy of Nazi Germany]]) rather than rape.<ref name="auto">{{Cite book|title=Numer: 17/18/2007 Wprost "Seksualne Niewolnice III Rzeszy"}}</ref> Jewish women were particularly vulnerable to rape during [[The Holocaust]].<ref>{{Cite web|title=holocaust studies |url=http://vallentinemitchell.metapress.com/content/122369 |url-status=dead}}</ref>{{New archival link needed|date=April 2026}}
Rapes were also committed by German forces stationed on the [[Eastern Front (World War II)|Eastern Front]], where they were largely unpunished (as opposed to rapes committed in Western Europe).<ref>{{Cite book|title=Jews, Germans, and Allies|last=Grossmann |first=Atina|date=31 December 2007 |publisher=Princeton University Press|isbn=9781400832743 |location=Princeton|pages=290 |doi=10.1515/9781400832743}}</ref><ref>{{Cite web|url=http://www.gegenwind.info/175/sonderheft_wehrmacht.pdf|title=Zur Debatte um die Ausstellung Vernichtungskrieg. Verbrechen der Wehrmacht 1941-1944 im Kieler Landeshaus 1999|access-date=23 June 2019|archive-date=18 July 2011|archive-url=https://web.archive.org/web/20110718080318/http://www.gegenwind.info/175/sonderheft_wehrmacht.pdf|url-status=live}}</ref> The Wehrmacht also established a system of military brothels, in which young women and girls from occupied territories were forced into prostitution under harsh conditions.<ref name="auto"/> In the [[Soviet Union]], women were kidnapped by German forces for prostitution as well; one report by the [[International Military Tribunal]] writes "in the city of [[Smolensk]] the German Command opened a brothel for officers in one of the hotels into which hundreds of women and girls were driven; they were mercilessly dragged down the street by their arms and hair."<ref>{{Cite book|title=The Nazi Law of the Third German Law|last=Guz|first=Tadeusz|date=2016 |publisher=Towarzystwo Naukowe Katolickiego Uniwersytetu Lubelskiego Jana Pawła II|isbn=9788373067523|pages=72 |doi=10.18290/2016entguz|doi-broken-date=12 July 2025 }}</ref>
Rapes happened in territories occupied by the [[Red Army atrocities#World War II|Red Army]]. A female Soviet war correspondent described what she had witnessed: "The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists."<ref name="They raped every German female from eight to 80" /> According to German historian [[Miriam Gebhardt]], as many as 190,000 women were raped by [[Allied-occupied Germany|U.S. soldiers in Germany]].<ref>{{cite news |title=Were Americans As Bad as the Soviets? |url=http://www.spiegel.de/international/germany/book-claims-us-soldiers-raped-190-000-german-women-post-wwii-a-1021298.html |work=Der Spiegel |date=2 March 2015 |archive-date=13 April 2019 |access-date=24 July 2018 |archive-url=https://web.archive.org/web/20190413091718/https://www.spiegel.de/international/germany/book-claims-us-soldiers-raped-190-000-german-women-post-wwii-a-1021298.html |url-status=live }}</ref>
According to researcher and author [[Krisztián Ungváry]], some 38,000 civilians were killed during the [[Siege of Budapest]]: about 13,000 from military action and 25,000 from starvation, disease and other causes. Included in the latter figure are about 15,000 Jews, largely victims of executions by Hungarian [[Arrow Cross Party]] militia. When the Soviets finally claimed victory, they initiated an orgy of violence, including the wholesale theft of anything they could lay their hands on, random executions and mass rape. An estimated 50,000 women and girls were raped,<ref name="Ungvary 512">{{cite book |last=Ungvary |first=Krisztian |author2=Ladislaus Lob |author3=John Lukacs |title=The siege of Budapest: One Hundred Days in World War II |publisher=Yale University Press |date=11 April 2005 |page=512 |isbn=978-0-300-10468-4 |url=https://books.google.com/books?id=cLY1z-XLd_IC&q=AFTER+THE+BATTLE+40+-+BUDAPEST+1944&pg=PR5}}</ref>{{rp|348–350}}<ref>{{cite journal |first=Mark |last=James |title=Remembering Rape: Divided Social Memory and the Red Army in Hungary 1944–1945 |journal=[[Past & Present (journal)|Past & Present]] |url=http://muse.jhu.edu/journals/past_and_present/v188/188.1mark.html |doi=10.1093/pastj/gti020 |issue=August 2005 |pages=133–161 |issn=1477-464X |date=20 October 2005 |s2cid=162539651 |url-access=subscription |archive-date=3 March 2016 |access-date=3 October 2015 |archive-url=https://web.archive.org/web/20160303210738/http://muse.jhu.edu/journals/past_and_present/v188/188.1mark.html |url-status=live }}</ref><ref group=note name="rape group=note">"The worst suffering of the Hungarian population is due to the rape of women. Rapes—affecting all age groups from ten to seventy are so common that very few women in Hungary have been spared." Swiss embassy report cited in Ungváry 2005, p.350. (Krisztian Ungvary ''The Siege of Budapest'' 2005)</ref> although estimates vary from 5,000 to 200,000.<ref>{{cite book |last=Bessel |first=Richard |author2=Dirk Schumann |title=Life after Death: Approaches to a Cultural and Social History of Europe |publisher=Cambridge University Press |date=5 May 2003 |page=376 |isbn=978-0-521-00922-5 |url=https://books.google.com/books?id=NilW70Yol74C}}</ref>{{rp|129}} Hungarian girls were kidnapped and taken to Red Army quarters, where they were imprisoned, repeatedly raped and sometimes murdered.<ref name="Naimark">{{cite book |first=Norman M. |last=Naimark |title=The Russians in Germany: A History of the Soviet Zone of Occupation, 1945–1949 |publisher=Cambridge: Belknap |year=1995 |isbn=978-0-674-78405-5}}</ref>{{rp|70–71}}
During the [[October 7 attacks]], Israeli women, girls and men were [[Sexual and gender-based violence in the October 7 attacks|reportedly subjected to sexual violence]], including rape and [[sexual assault]] by Hamas or other Gazan militants.<ref>{{bulleted list||{{Cite news |first1=Jeffrey |last1=Gettleman |first2=Adam |last2=Sella |first3=Anat |last3=Schwartz |date=2023-12-04 |title=What We Know About Sexual Violence During the Oct. 7 Attacks on Israel (Published 2023) |url=https://www.nytimes.com/2023/12/04/world/middleeast/oct-7-attacks-israel-hamas-sexual-violence.html |access-date=2025-10-19 |language=en |quote="Meni Binyamin, the head of the International Crime Investigations Unit of the Israeli police, has said that "dozens" of women and some men were raped by Hamas militants on Oct. 7." |archive-date=4 December 2023 |archive-url=https://web.archive.org/web/20231204200541/https://www.nytimes.com/2023/12/04/world/middleeast/oct-7-attacks-israel-hamas-sexual-violence.html |url-status=live }}|{{cite news |title=Sexual Violence Evidence Against Hamas Is Mounting, but the Road to Court Is Still Long |work=[[Haaretz]] |url=https://www.haaretz.com/israel-news/2023-11-22/ty-article-magazine/.premium/sexual-assault-evidence-against-hamas-is-mounting-but-the-road-to-court-is-still-long/0000018b-f6bb-dafe-a18f-f7fb0a570000 |access-date=29 November 2023 |archive-date=23 November 2023 |archive-url=https://web.archive.org/web/20231123215829/https://www.haaretz.com/israel-news/2023-11-22/ty-article-magazine/.premium/sexual-assault-evidence-against-hamas-is-mounting-but-the-road-to-court-is-still-long/0000018b-f6bb-dafe-a18f-f7fb0a570000 |url-status=live }}}}</ref> The extent of sexual violence perpetrated by militants, and whether it was planned and weaponised by the attackers, has been the subject of intense debate and controversy.<ref name="ajefalseclaims">{{cite web |last=Unit |first=Al Jazeera Investigative |date=21 March 2024 |title=October 7: Forensic analysis shows Hamas abuses, many false Israeli claims |url=https://www.aljazeera.com/news/2024/3/21/october-7-forensic-analysis-shows-hamas-abuses-many-false-israeli-claims |access-date=21 March 2024 |website=Al Jazeera |archive-date=21 March 2024 |archive-url=https://web.archive.org/web/20240321122002/https://www.aljazeera.com/news/2024/3/21/october-7-forensic-analysis-shows-hamas-abuses-many-false-israeli-claims |url-status=live }}</ref><ref>{{cite report |url=https://reliefweb.int/attachments/256ef3ee-b5d1-422b-ad98-6196835d716b/a-hrc-56-26-auv.pdf |title=Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel |author=Independent International Commission of Inquiry on the Occupied Palestinian Territory |date=12 June 2024 |publisher=Office of the High Commissioner for Human Rights |page=27 |access-date=23 August 2024 |archive-date=4 September 2024 |archive-url=https://web.archive.org/web/20240904194551/https://reliefweb.int/attachments/256ef3ee-b5d1-422b-ad98-6196835d716b/a-hrc-56-26-auv.pdf |url-status=live }}</ref><ref name="CNN coi">{{cite news |last1=Pokharel |first1=Sugam |last2=Nicholls |first2=Catherine |last3=Yeung |first3=Jessie |last4=Karadsheh |first4=Jomana |author-link4=Jomana Karadsheh|date=12 June 2024 |title=Inquiry says Israel and Hamas have both committed war crimes since October 7 |url=https://www.cnn.com/2024/06/12/middleeast/un-report-israel-hamas-gaza-war-crimes-intl-hnk/index.html |newspaper=CNN}}</ref> Initially said to be "dozens" by Israeli authorities, they later clarified they could not provide a number.<ref>* {{harvnb|Gettleman|Sella|Schwartz|2023}}: "Meni Binyamin, the head of the International Crime Investigations Unit of the Israeli police, has said that "dozens" of women and some men were raped by Hamas militants on Oct. 7." * {{Cite news |last=McKernan |first=Bethan |date=2024-01-18 |title=Evidence points to systematic use of rape and sexual violence by Hamas in 7 October attacks |url=https://www.theguardian.com/world/2024/jan/18/evidence-points-to-systematic-use-of-rape-by-hamas-in-7-october-attacks |access-date=2025-10-19 |work=The Guardian |language=en-GB |issn=0261-3077 |archive-date=4 February 2024 |archive-url=https://web.archive.org/web/20240204125220/https://amp.theguardian.com/world/2024/jan/18/evidence-points-to-systematic-use-of-rape-by-hamas-in-7-october-attacks |url-status=live }}: "Israel's top police investigations unit, Lahav 433...says it is unable to put a number on how many women and girls suffered gender-based violence."</ref> The militants involved in the attack are accused of having committed acts of [[Gender-related violence|gender-based violence]], war crimes, and [[crimes against humanity]].<ref>{{bulleted list||{{cite web |date=22 November 2023 |title=The battle to highlight crimes against women in Hamas' attack on Israel |url=https://www.calcalistech.com/ctechnews/article/sk8tgmina |access-date=29 November 2023 |website=[[ctech]] |archive-date=27 November 2023 |archive-url=https://web.archive.org/web/20231127025048/https://www.calcalistech.com/ctechnews/article/sk8tgmina |url-status=live}}|{{cite web |date=2023 |title=Women in War Under International Law |url=https://en.idi.org.il/articles/51505 |access-date=29 November 2023 |website=en.idi.org.il |language=he |archive-date=15 December 2023 |archive-url=https://web.archive.org/web/20231215192458/https://en.idi.org.il/articles/51505 |url-status=live}}|{{cite news |last=Lawless |first=Jill |agency=[[Associated Press]] |date=5 November 2023 |title=How international law applies to war, and why Hamas and Israel are both alleged to have broken it |url=https://www.latimes.com/world-nation/story/2023-11-05/how-international-law-applies-to-war-and-why-hamas-and-israel-are-both-alleged-to-have-broken-it |access-date=29 November 2023 |work=[[Los Angeles Times]] |language=en-US |archive-date=28 November 2023 |archive-url=https://web.archive.org/web/20231128175241/https://www.latimes.com/world-nation/story/2023-11-05/how-international-law-applies-to-war-and-why-hamas-and-israel-are-both-alleged-to-have-broken-it |url-status=live}}}}</ref><ref name="BBC News-2023">{{cite news |last=Williamson |first=Lucy |date=5 December 2023 |title=Israel Gaza: Hamas raped and mutilated women on 7 October, BBC hears |url=https://www.bbc.com/news/world-middle-east-67629181 |access-date=7 December 2023 |publisher=[[BBC News]] |archive-date=7 December 2023 |archive-url=https://web.archive.org/web/20231207115514/https://www.bbc.com/news/world-middle-east-67629181 |url-status=live }}</ref> Hamas has denied that its fighters committed any sexual assaults, and has called for an impartial international investigation into the accusations.<ref>{{cite news |last=Lubell |first=Mayan |date=5 December 2023 |title=Israeli accounts of sexual violence by Hamas rise but justice is remote |url=https://www.reuters.com/world/middle-east/accounts-sexual-violence-hamas-attack-mount-justice-is-remote-israels-victims-2023-12-05/ |access-date=14 December 2023 |work=[[Reuters]] |archive-date=5 December 2023 |archive-url=https://web.archive.org/web/20231205153517/https://www.reuters.com/world/middle-east/accounts-sexual-violence-hamas-attack-mount-justice-is-remote-israels-victims-2023-12-05/ |url-status=live }}</ref><ref name="cnn20231210">{{cite news |last1=Fossum |first1=Jack |last2=Fossum |first2=Sam |date=10 December 2023 |title=Blinken calls sexual violence inflicted by Hamas 'beyond anything I've seen' |url=https://www.cnn.com/2023/12/10/politics/cnn-tv-antony-blinken-hamas-sexual-violence/index.html |url-status=live |archive-url=https://web.archive.org/web/20231214142025/https://www.cnn.com/2023/12/10/politics/cnn-tv-antony-blinken-hamas-sexual-violence/index.html |archive-date=14 December 2023 |access-date=14 December 2023 |work=[[CNN]]}}</ref>
In January 2024, it was reported that several victims of sexual violence from 7 October and captivity in Gaza had come forward.<ref>{{bulleted list||{{cite news |date=14 January 2024 |title=Israel readies for pregnancies in female hostages raped by Hamas |url=https://www.jpost.com/israel-hamas-war/article-782096 |archive-url=https://web.archive.org/web/20240301020629/https://www.jpost.com/israel-hamas-war/article-782096 |archive-date=1 March 2024 |access-date=27 January 2024 |work=[[The Jerusalem Post]] |language=en-US}}|{{cite news |last=Sokol |first=Sam |date=23 January 2024 |title='Right now someone is being raped in a tunnel': Knesset hears of Hamas sex crimes |url=https://www.timesofisrael.com/right-now-someone-is-being-raped-in-a-tunnel-knesset-hears-of-hamas-sex-crimes/#:~:text=Israeli%20women%20held%20hostage%20in,still%20violating%20victims%20in%20captivity |archive-url=https://web.archive.org/web/20240214045541/https://www.timesofisrael.com/right-now-someone-is-being-raped-in-a-tunnel-knesset-hears-of-hamas-sex-crimes/ |archive-date=14 February 2024 |access-date=27 January 2024 |work=[[The Times of Israel]]|ref=none}}|{{Cite news |last=Kottasová |first=Ivana |date=6 December 2023 |title=What we know about rape and sexual violence inflicted by Hamas during its terror attack on Israel |url=https://edition.cnn.com/2023/12/06/middleeast/rape-sexual-violence-hamas-israel-what-we-know-intl/index.html |url-status=live |archive-url=https://web.archive.org/web/20240130011953/https://edition.cnn.com/2023/12/06/middleeast/rape-sexual-violence-hamas-israel-what-we-know-intl/index.html |archive-date=30 January 2024 |access-date=29 January 2024 |work=[[CNN International]] |language=en |quote=Since then, dozens of hostages have been released from Gaza as part of a truce between Israel and Hamas and some have also mentioned sexual abuse during their testimonies.|ref=none}}}}</ref><ref name="d2survivor">{{Cite news |date=24 July 2024 |title=In first, male October 7 survivor recounts rape at hands of Hamas terrorists |url=https://www.timesofisrael.com/male-october-7-survivor-recounts-rape-at-hands-of-hamas-terrorists/ |url-status=live |archive-url=https://web.archive.org/web/20240725015518/https://www.timesofisrael.com/male-october-7-survivor-recounts-rape-at-hands-of-hamas-terrorists/ |archive-date=25 July 2024 |access-date=26 July 2024 |work=[[Times of Israel]]}}</ref> A number of initial testimonies of sexual violence were later discredited,<ref>{{cite news |last1=Grim |first1=Ryan |last2=Boguslaw |first2=Daniel |last3=Scahill |first3=Jeremy |date=29 February 2024 |title=Between the Hammer and the Anvil: The Story Behind the New York Times October 7 Exposé |url=https://theintercept.com/2024/02/28/new-york-times-anat-schwartz-october-7/ |access-date=1 April 2024 |work=[[The Intercept]] |archive-date=2 March 2024 |archive-url=https://web.archive.org/web/20240302161209/https://theintercept.com/2024/02/28/new-york-times-anat-schwartz-october-7/ |url-status=live }}</ref><ref>{{cite news |last1=Rabinowitz |first1=Aaron |date=31 January 2024 |title=Death and Donations: Did the Israeli Volunteer Group Handling the Dead of October 7 Exploit Its Role? |url=https://www.haaretz.com/israel-news/2024-01-31/ty-article-magazine/.premium/death-and-donations-did-the-volunteer-group-handling-the-october-7-dead-exploit-its-role/0000018d-5a73-d997-adff-df7bdb670000 |access-date=1 April 2024 |newspaper=[[Haaretz]] |archive-date=23 February 2024 |archive-url=https://web.archive.org/web/20240223105136/https://www.haaretz.com/israel-news/2024-01-31/ty-article-magazine/.premium/death-and-donations-did-the-volunteer-group-handling-the-october-7-dead-exploit-its-role/0000018d-5a73-d997-adff-df7bdb670000 |url-status=live }}</ref><ref>{{cite news |last1=Gupta |first1=Arun |date=27 February 2024 |title=American Media Keep Citing Zaka — Though Its October 7 Atrocity Stories are Discredited in Israel |url=https://theintercept.com/2024/02/27/zaka-october-7-israel-hamas-new-york-times/ |access-date=1 April 2024 |work=[[The Intercept]]}}</ref> while Israel has accused international human rights groups of downplaying assault reports.<ref>{{cite news |last1=Mednick |first1=Sam |date=5 December 2023 |title=New signs emerge of 'widespread' sexual crimes by Hamas, as Netanyahu alleges global indifference |url=https://apnews.com/article/sexual-assault-hamas-oct-7-attack-rape-bb06b950bb6794affb8d468cd283bc51 |work=[[AP News]] |archive-date=12 December 2023 |access-date=23 July 2025 |archive-url=https://web.archive.org/web/20231212015158/https://apnews.com/article/sexual-assault-hamas-oct-7-attack-rape-bb06b950bb6794affb8d468cd283bc51 |url-status=live }}</ref> As of January 2025, the former head of the security cases division in Israel's Southern District prosecutor's office said that no case was being filed due to a lack of evidence and complainants, which she said could be due to victims being dead or unwilling to come forward.<ref>{{Cite web |last= |first= |date=6 January 2025 |title='We don't have any complainants,' Israeli prosecutor says dept failed to gather evidence on Oct 7 'mass rape' claims |url=https://www.newindianexpress.com/world/2025/Jan/06/we-dont-have-any-complainants-israeli-prosecutor-says-dept-failed-to-gather-evidence-on-oct-7-mass-rape-claims |access-date=3 May 2025 |website=The New Indian Express |language=en |archive-date=3 May 2025 |archive-url=https://web.archive.org/web/20250503102305/https://www.newindianexpress.com/world/2025/Jan/06/we-dont-have-any-complainants-israeli-prosecutor-says-dept-failed-to-gather-evidence-on-oct-7-mass-rape-claims |url-status=live }}</ref>
In May 2026 the media published articles on systematic and intentional sexual abuse by Hamas and its collaborators on Oct 7, during the abduction of captives and during captivity, including rape, gang rape, forcing families to engage in sex with each other, mutilation and general sexual terror, based on a 300 page the report called [[Silenced No More report|Silenced No More]].<ref>{{Cite web |last=News |first=A. B. C. |title=Sexual violence was systematic and integral to Oct. 7 attacks and their aftermath, new report says |url=https://abcnews.com/International/wireStory/sexual-violence-systematic-integral-oct-7-attacks-aftermath-132895146 |access-date=2026-05-13 |website=ABC News |language=en}}</ref> <ref>{{Cite web |last=Kottasová |first=Ivana |date=2026-05-12 |title=First on CNN: New report details ‘systematic’ rape and sexual violence during Hamas’ Oct 7 attack on Israel |url=https://www.cnn.com/2026/05/12/middleeast/report-sexual-violence-hamas-oct-7-attacks-intl |access-date=2026-05-13 |website=CNN |language=en}}</ref><ref>{{Cite web |date=2026-05-12 |title=Hamas 'weaponised' sexual violence in 7 October attacks, Israeli investigation says |url=https://www.bbc.com/news/articles/cvgz9k7pzggo |access-date=2026-05-13 |website=www.bbc.com |language=en-GB}}</ref><ref>{{Cite news |last=Mednick {{!}} AP |first=Sam |date=2026-05-12 |title=Sexual violence was systematic and integral to Oct. 7 attacks and their aftermath, new report says |url=https://www.washingtonpost.com/world/2026/05/12/israel-hamas-gaza-war-sexual-violence/990a1342-4e39-11f1-97e7-22c6c29ff0d8_story.html |access-date=2026-05-13 |work=The Washington Post |language=en-US |issn=0190-8286}}</ref><ref>{{Cite web |last=Bronner |first=Luc |title=October 7: New report documents extent of sexual violence committed by Hamas |url=https://www.lemonde.fr/en/international/article/2026/05/12/october-7-new-report-documents-extent-of-sexual-violence-committed-by-hamas_6753371_4.html |website=Lemonde}}</ref><ref>{{Cite web |date=2026-05-12 |title=Israeli report says Hamas used 'systematic, widespread' sexual violence in October 7 attack |url=https://www.france24.com/en/middle-east/20260512-israeli-report-says-hamas-used-systematic-widespread-sexual-violence-in-october-7-attack |access-date=2026-05-13 |website=France 24 |language=en}}</ref><ref>{{Cite news |date=2026-05-13 |title=New report accuses Hamas of 'deliberately' using rape on October 7 |url=https://www.abc.net.au/news/2026-05-13/hamas-systematically-used-rape-october-7-report-says/106672368 |access-date=2026-05-13 |work=ABC News |language=en-AU}}</ref><ref>{{Cite news |last=Kershner |first=Isabel |date=2026-05-12 |title=Israeli Report Finds That Sexual Violence by Hamas Was Widespread |url=https://www.nytimes.com/2026/05/12/world/middleeast/israel-sexual-violence-hamas-attack-report.html |access-date=2026-05-13 |work=The New York Times |language=en-US |issn=0362-4331}}</ref>
During the ongoing [[Gaza war]], Israeli male and female soldiers, guards, medical staff have [[Sexual and gender-based violence against Palestinians during the Gaza war|reportedly committed wartime sexual violence against Palestinian women, children and men]]<ref name=":12">{{cite news |last=Robertson |first=Nick |date=19 February 2024 |title=UN experts condemn 'credible' reports of executions, sexual assault by Israeli soldiers |url=https://thehill.com/policy/international/4477340-un-experts-reports-executions-sexual-assault-israeli-soldiers/ |archive-url=https://web.archive.org/web/20240409122432/https://thehill.com/policy/international/4477340-un-experts-reports-executions-sexual-assault-israeli-soldiers/ |archive-date=9 April 2024 |access-date=22 February 2024 |work=[[The Hill (newspaper)|The Hill]] |language=en-US}}</ref><ref>{{Cite web |title=Video appears to show IDF soldiers sexually abusing Palestinian detainee |url=https://news.sky.com/story/video-appears-to-show-idf-soldiers-sexually-abusing-palestinian-detainee-13193857 |access-date=10 August 2024 |website=[[Sky News]] |language=en |archive-date=9 August 2024 |archive-url=https://web.archive.org/web/20240809235921/https://news.sky.com/story/video-appears-to-show-idf-soldiers-sexually-abusing-palestinian-detainee-13193857 |url-status=live }}</ref><ref name=":62">{{Cite web |title='Raped by female soldiers': Palestinian in leaked Sde Teiman photo speaks out |url=https://www.middleeasteye.net/news/raped-female-soldiers-palestinian-leaked-sde-teiman-photo-speaks-out |access-date=16 August 2024 |website=[[Middle East Eye]] |language=en |archive-date=8 August 2024 |archive-url=https://web.archive.org/web/20240808182030/https://www.middleeasteye.net/news/raped-female-soldiers-palestinian-leaked-sde-teiman-photo-speaks-out |url-status=live }}</ref><ref>{{Cite news |date=3 December 2024 |title=Israeli soldiers have been sexually assaulting Palestinian women for decades. Now they're speaking out |url=https://www.middleeasteye.net/news/israel-sexual-assault-palestinian-women |access-date=18 March 2025 |work=[[Middle East Eye]]}}</ref> including rape, [[gang-rape]], sexualized torture, and genital mutilation.<ref>{{multiref2 |1={{cite web |url=https://www.rfi.fr/en/international-news/20250312-humiliated-palestinian-victims-of-israel-sexual-abuse-testify-at-un |title='Humiliated': Palestinian victims of Israel sexual abuse testify at UN |date=12 March 2025 |work=[[Radio France Internationale]] |access-date=19 October 2025 |archive-date=30 June 2025 |archive-url=https://web.archive.org/web/20250630211307/https://www.rfi.fr/en/international-news/20250312-humiliated-palestinian-victims-of-israel-sexual-abuse-testify-at-un |url-status=live }} |2={{Cite web|date=13 March 2025|title="More than a human can bear": Israel's systematic use of sexual, reproductive and other forms of gender-based violence since 7 October 2023|url=https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session58/a-hrc-58-crp-6.pdf|access-date=19 October 2025|website=|publisher=[[Independent International Commission of Inquiry on the Occupied Palestinian Territory]]|archive-date=19 October 2025|archive-url=https://web.archive.org/web/20251019075921/https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session58/a-hrc-58-crp-6.pdf|url-status=live}} |3={{Cite news |date=29 July 2024 |title=Palestinians recount deadly abuse in Israeli prisons: 'It is Guantánamo' |url=https://www.washingtonpost.com/world/2024/07/29/palestinian-prisoners-israel-jails-abuse/ |access-date=16 August 2024 |newspaper=[[Washington Post]] |language=en }} |4={{Cite news |date=11 January 2025 |title=Report: Evidence of Israel's sexual violence, gang rape during war on Gaza |url=https://www.middleeastmonitor.com/20250111-report-evidence-of-israels-sexual-violence-gang-rape-during-war-on-gaza/ |access-date=4 May 2025 |work=[[Middle East Monitor]] }} |5={{Citation |last=Madar |first=R |title=Beyond Male Israeli Soldiers, Palestinian Women, Rape, and War |work=[[Middle East Monitor]], [[Oxford University Press]], [[Middle East Eye]], Haaretz, Ynet News |year=2023 |url=https://www.berghahnjournals.com/view/journals/conflict-and-society/9/1/arcs090105.xml |access-date=18 July 2025 |publisher=Berghahn Journals |format=XML }}}}</ref><ref name=":72">{{cite web |date=10 August 2024 |title=Palestinian in leaked Sde Teiman photo speaks out |url=https://www.youtube.com/watch?v=2WKeKZ6Csro |url-status=live |archive-url=https://web.archive.org/web/20240811152052/https://www.youtube.com/watch?v=2WKeKZ6Csro |archive-date=11 August 2024 |access-date=11 August 2024 |work=[[Middle East Eye]]}}</ref><ref name="B'tselem">{{Cite web |date=5 August 2024 |title=Welcome to Hell: The Israeli Prison System as a Network of Torture Camps |url=https://www.btselem.org/publications/202408_welcome_to_hell |website=[[B'Tselem]] |access-date=23 July 2025 |archive-date=7 July 2025 |archive-url=https://web.archive.org/web/20250707131403/https://www.btselem.org/publications/202408_welcome_to_hell |url-status=live }}</ref> In February 2024, UN experts cited at least two cases of Palestinian women being raped by male Israeli soldiers.<ref name="Borger">{{Cite news |last=Borger |first=Julian |date=22 February 2024 |title=Claims of Israeli sexual assault of Palestinian women are credible, UN panel says |url=https://www.theguardian.com/world/2024/feb/22/claims-of-israeli-sexual-assault-of-palestinian-women-are-credible-un-panel-says |archive-url=https://web.archive.org/web/20240410160540/https://www.theguardian.com/world/2024/feb/22/claims-of-israeli-sexual-assault-of-palestinian-women-are-credible-un-panel-says |archive-date=10 April 2024 |access-date=3 April 2024 |work=[[The Guardian]] |language=en-GB |issn=0261-3077}}</ref> Palestinian boys and men have also been raped and [[Torture during the Gaza war|subjected to torture]], and in some cases, the impact of rape and torture has led to death of the victim.<ref>* {{Cite news |date=28 April 2024 |title=Palestinian Released From Israeli Prison Describes Beatings, Sexual Abuse and Torture |url=https://www.haaretz.com/israel-news/twilight-zone/2024-04-28/ty-article-magazine/.premium/palestinian-released-from-israeli-prison-describes-beatings-sexual-abuse-and-torture/0000018f-15e9-d2e1-a7df-15efb6590000 |archive-url=https://archive.today/20240730200510/https://www.haaretz.com/israel-news/twilight-zone/2024-04-28/ty-article-magazine/.premium/palestinian-released-from-israeli-prison-describes-beatings-sexual-abuse-and-torture/0000018f-15e9-d2e1-a7df-15efb6590000 |archive-date=30 July 2024 |access-date= |work=[[Haaretz]] }} * {{Cite news |date=30 July 2024 |title=Sde Teiman Doctor Who Saw Abused Gazan Detainee: 'I Couldn't Believe an Israeli Prison Guard Could Do Such a Thing' |url=https://www.haaretz.com/israel-news/2024-07-30/ty-article/.premium/doctor-who-saw-abused-gazan-detainee-i-couldnt-believe-an-israeli-jailer-could-do-this/00000191-0436-df85-a399-ed36f4800000 |archive-url=https://archive.today/20240730195050/https://www.haaretz.com/israel-news/2024-07-30/ty-article/.premium/doctor-who-saw-abused-gazan-detainee-i-couldnt-believe-an-israeli-jailer-could-do-this/00000191-0436-df85-a399-ed36f4800000 |archive-date=30 July 2024 |access-date= |work=[[Haaretz]] }} * {{Cite web |last=Iraqi |first=Amjad |date=27 June 2024 |title='More horrific than Abu Ghraib': Lawyer recounts visit to Israeli detention center |url=https://www.972mag.com/sde-teiman-prisoners-lawyer-mahajneh/ |access-date=10 August 2024 |website=[[+972 Magazine]] |language=en-US |archive-date=20 March 2025 |archive-url=https://web.archive.org/web/20250320091111/https://www.972mag.com/sde-teiman-prisoners-lawyer-mahajneh/ |url-status=live }} * {{Cite news |title=Palestinians recount deadly abuse in Israeli prisons: 'It is Guantánamo' |url=https://www.washingtonpost.com/world/2024/07/29/palestinian-prisoners-israel-jails-abuse/ |access-date=10 August 2024 |newspaper=[[Washington Post]] }}</ref><ref name="lemonde20240712">{{Cite news |date=12 July 2024 |title=Beatings, deprivation, torture, rape: Palestinians speak of the 'hell' of Israeli prisons |url=https://www.lemonde.fr/en/international/article/2024/07/12/beatings-deprivation-torture-rape-palestinians-speak-of-the-hell-of-israeli-prisons_6682380_4.html |access-date=2 April 2025 |language=en}}</ref>
In its June 2024 investigative report, the UN's [[Independent International Commission of Inquiry on the Occupied Palestinian Territory]] (CoI) concluded: "The frequency, prevalence and severity of sexual and gender-based crimes perpetrated against Palestinians since 7 October across the Occupied Palestinian Territories (OPT) indicate that specific forms of Sexual and gender-based violence (SGBV) are part of Israeli Security Forces (ISF) operating procedures."<ref name=":13">{{Cite web |date=12 June 2024 |title=Israeli authorities, Palestinian armed groups are responsible for war crimes, other grave violations of international law, UN Inquiry finds |url=https://www.ohchr.org/en/press-releases/2024/06/israeli-authorities-palestinian-armed-groups-are-responsible-war-crimes |website=[[UN Human Rights Office]] |access-date=23 July 2025 |archive-date=11 July 2024 |archive-url=https://web.archive.org/web/20240711043853/https://www.ohchr.org/en/press-releases/2024/06/israeli-authorities-palestinian-armed-groups-are-responsible-war-crimes |url-status=live }}</ref>
== See also == {{Columns-list|colwidth=18em| * ''[[A Natural History of Rape]]'' * ''[[Against Our Will]]'' * [[Abusive power and control]] * [[Child grooming]] * [[Courtship disorder]] * [[Criminal transmission of HIV]] * [[Emergency contraception]] (the morning after pill) * [[Factors associated with being a victim of sexual violence]] * [[:Category:Fiction about rape|Fiction about rape]] * [[Nicaea (mythology)]] (traumatic rape in Greek Mythology) * [[Post-assault treatment of sexual assault victims]] * [[Rape culture]] * [[Sexual violence by intimate partners]] * [[Serial rapist]] * [[Special Victims Unit]] (also known as the Sex Crimes Unit) * [[Women Against Rape]] }}
== Explanatory notes == {{Reflist|group=note}}
== References ==
{{Reflist|30em|refs=
<!--not used <ref name="LaFave">''Rape — Overview; Act and Mental State'', Wayne R. LaFave Professor of Law, University of Illinois, "Substantive Criminal Law" 752-756 (3d ed. 2000)</ref>-->
<ref name="paulwalters">[[Navanethem Pillay]] is quoted by Professor Paul Walters in his presentation of her honorary [[doctorate of law]], [[Rhodes University]], April 2005 [https://web.archive.org/web/20081001193848/http://www.ru.ac.za/academic/graduation/addresses_and_citations/2005/Judge_Pillay_citation.doc Judge Navanethem Pillay. Introduction by Professor Paul Walters, Public Orator] (doc file)</ref>
<ref name="They raped every German female from eight to 80">{{Cite news |url=https://www.theguardian.com/g2/story/0,3604,707835,00.html |title=They raped every German female from eight to 80 |work=The Guardian |access-date=1 January 2008 |last=Beevor |first=Antony |location=London |date=1 May 2002 |archive-date=23 May 2002 |archive-url=https://web.archive.org/web/20020523144826/http://www.guardian.co.uk/g2/story/0,3604,707835,00.html |url-status=live }}</ref>
<!--<ref name="Ancient origins: Sexual violence in warfare, Part I">{{Cite journal |title=Ancient origins: Sexual violence in warfare, Part I |first=Elisabeth |last=Vikman |doi=10.1080/13648470500049826 |pmid=28135871 |journal=Anthropology & Medicine |volume=12 |issue=1 |date=April 2005 |pages=21–31|s2cid=30831085 }}</ref> -->
<!--unused<ref name="Denov">{{cite book |author=Myriam S. Denov |title=Perspectives on female sex offending: a culture of denial |url={{Google books |plainurl=yes |id=Pze8UEwpMVsC}} |access-date=1 October 2011|year=2004|publisher=Ashgate Publishing, Ltd.|isbn=978-0-7546-3565-9}}</ref>-->
<ref name="Recovering from sexual assault">{{cite web |url=http://www.rainn.org/get-information/sexual-assault-recovery |title=Recovering from Sexual Assault |publisher=Rainn.org |access-date=31 December 2010 |archive-date=4 December 2010 |archive-url=https://web.archive.org/web/20101204101448/http://www.rainn.org/get-information/sexual-assault-recovery |url-status=live }}</ref>
<!-- not used <ref name="Sexual assault: key issues">{{Cite journal |author=Cybulska B |title=Sexual assault: key issues |journal=J R Soc Med |volume=100 |issue=7 |pages=321–4 |year=2007 |pmid=17606752 |pmc=1905867 |doi=10.1258/jrsm.100.7.321}}</ref>-->
<ref name="Women in the Old Testament">{{Cite book |last=Nowell |first=Irene |title=Women in the Old Testament |url={{Google books |plainurl=yes |id=xQlzkEefX5MC}} |publisher=Liturgical Press |isbn=978-0-8146-2411-1 |page=69 |year=1997}}</ref>
<!--unused<ref name="abc.net.au">{{cite web |title=Male rape victims left to suffer in silence |url=http://www.abc.net.au/worldtoday/stories/s244535.htm |date=9 February 2001 |access-date=30 May 2007 |publisher=abc.net.au}}</ref>-->
<!--unused<ref name="malesrapingfemales">{{cite web |year=1998 |url=http://www.vaonline.org/vls6.html |title=Female Sex Offenders |publisher=Breaking the Silence |access-date=11 March 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070510022204/http://www.vaonline.org/vls6.html |archive-date=10 May 2007 }}</ref>-->
}}
== Further reading == {{Refbegin|30em}} * {{Cite book |last=Bergen |first=Raquel Kennedy |title=Wife rape: understanding the response of survivors and service providers |publisher=Sage Publications |location=Thousand Oaks |year=1996 |isbn=978-0-8039-7240-7 |url-access=registration |url=https://archive.org/details/wiferapeundersta0000berg }} * {{Cite book |last=Denov |first=Myriam S. |title=Perspectives on female sex offending: a culture of denial |publisher=Ashgate |location=Aldershot, Hants, England |year=2004 |isbn=978-0-7546-3565-9}} * {{Cite book |last=Freedman |first=Estelle B. |title=Redefining rape: sexual violence in the era of suffrage and segregation |publisher=Harvard University Press |location=Cambridge, MA |year=2013 |isbn=978-0-6747-2484-6}} * {{Cite book |last=Groth |first=Nicholas A. |title=Men Who Rape: The Psychology of the Offender |publisher=Plenum Press |year=1979 |location=New York, NY |isbn=978-0-7382-0624-0 |page=227}} * {{Cite journal |last1=Jozkowski |first1=Kristen N. |last2=Canan |first2=Sasha N. |last3=Rhoads |first3=Kelley |last4=Hunt |first4=Mary |title=Methodological considerations for content analysis of sexual consent communication in mainstream films |journal=[[Sexualization, Media, & Society]] |volume=2 |issue=4 |pages=237462381667918 |doi=10.1177/2374623816679184 |date=October–December 2016 |doi-access=free }} * {{Cite book |last1=King |first1=Michael B. |last2=Mezey |first2=Gillian C. |title=Male victims of sexual assault |journal=Medicine, Science, and the Law |publisher=Oxford University Press |location=Oxford [Oxfordshire] |year=2000 |volume=27 |issue=2 |pages=122–4 |doi=10.1177/002580248702700211 |pmid=3586937 |isbn=978-0-19-262932-6|s2cid=5555193 }} * {{Cite book |last=Lee |first=Ellis |title=Theories of Rape: Inquiries Into the Causes of Rape |publisher=Taylor & Francis |year=1989 |isbn=978-0-89116-172-1 |page=185}} * {{Cite journal |last1=McKibbin |first1=William F. |last2=Shackelford |first2=Todd K. |last3=Goetz |first3=Aaron T. |last4=Starratt |first4=Valerie G. |title=Why do men rape? An evolutionary psychological perspective |journal=[[Review of General Psychology]] |volume=12 |issue=1 |pages=86–97 |doi=10.1037/1089-2680.12.1.86 |date=March 2008 |s2cid=804014 }} [http://www.toddkshackelford.com/downloads/McKibbin-et-al-RGP-2008.pdf Pdf.] {{Webarchive|url=https://web.archive.org/web/20080625204134/http://www.toddkshackelford.com/downloads/McKibbin-et-al-RGP-2008.pdf |date=25 June 2008 }} * Gabriella Nilsson, Lena Karlsson, Monika Edgren, Ulrika Andersson, eds. Rape Narratives in Motion. Germany, Springer International Publishing, 2019. * {{Cite book |last1=Odem |first1=Mary E. |last2=Clay-Warner |first2=Jody |title=Confronting Rape and Sexual Assault |publisher=Rowman & Littlefield |location=Lanham, Maryland |year=1998 |isbn=978-0-842-02599-7 |url-access=registration |url=https://archive.org/details/confrontingrapes00odem }} * {{Cite book |last1=Palmer |first1=Craig |last2=Thornhill |first2=Randy |title=A natural history of rape biological bases of sexual coercion |publisher=MIT Press |location=Cambridge, Mass |year=2000 |isbn=978-0-585-08200-4}} * {{Cite book |last1=Pierce |first1=Karen F. |last2=Deacy |first2=Susan | author-link2 = Susan Deacy |last3=Arafat |first3=K.W. |title=Rape in antiquity |year=2002 |publisher=The Classical Press of Wales in association with Duckworth |location=London |isbn=978-0-7156-3147-8}} * {{Cite book |last1=Rice |first1=Marnie E. |last2=Lalumiere |first2=Martin L. |last3=Quinsey |first3=Vernon L. |title=The causes of rape: understanding individual differences in male propensity for sexual aggression (the law and public policy.) |publisher=American Psychological Association (APA) |year=2005 |isbn=978-1-59147-186-8}} * {{Cite book |last=Shapcott |first=David |title=The Face of the Rapist |publisher=Penguin Books |year=1988 |location=Auckland, NZ |isbn=978-0-14-009335-3 |page=234}} {{Refend}}
== External links == {{Sister project auto|n=yes|wikt=rape}}
* [https://www.vox.com/culture/2017/11/30/16644394/language-sexual-violence "The complicated, inadequate language of sexual violence"], Vox, 30 November 2017
{{Medical resources | ICD10 = {{ICD10|T|74|2}}, {{ICD10|Y05}} | ICD9 = {{ICD9|E960.1}} | ICDO = | OMIM = | MedlinePlus = 001955 | eMedicineSubj = | eMedicineTopic = | eMedicine_mult = {{eMedicine2|article|806120}} | MeshID = D011902 }} {{Sex}} {{Human sexuality}} {{Sexual ethics}} {{Violence against women/end}} {{Abuse}} {{Types of crime}} {{Portal bar|Human sexuality|Law}} {{Authority control}}
[[Category:Rape| ]] [[Category:Acute pain]] [[Category:Crimes against women]] [[Category:Forced prostitution]] [[Category:Sex and the law]] [[Category:Sex crimes]] [[Category:Sex trafficking| ]] [[Category:Sexual abuse]] [[Category:Sexual ethics]] [[Category:Violence against children]] [[Category:Violence against men]] [[Category:Violence against women]] [[Category:Common law offences in Ireland]]