Rape, Legal Definitions of

Defining Rape

Disagreement also prevails with respect to the manner in which a rape victim is expected to behave or respond to the perpetrator. Women who dress a certain way or behave aggressively are often either blamed for or perceived to enjoy rape. In addition, a range of special conditions and circumstances necessarily modify the legal definition of rape. For example, sexual intercourse with a child under the age of 18 is considered statutory rape, as the child is legally regarded as unable to consent. Rape may also be found when a person has sex with someone deemed legally incapable of consenting due to mental illness, impairment, or intoxication. Other types of rape include acquaintance rape, spousal rape, prison rape, gang rape, incest, and rape during wartime. Despite the formal legal classification of rape as a criminal offense, many cases that seem to adhere to this legal definition are either not perceived as such or not prosecuted by their victims. Rape victims often fear that they will experience additional humiliation, exposure, and violation within the legal system. This leads to the phenomenon of underreporting, which thwarts official attempts to collect accurate data regarding the incidence of sexual assault. The growing use of date-rape drugs also impedes rape victims’ ability to resist or recall unwanted sex. Collectively, these issues complicate the prosecution of rape charges within the U.S. legal system and compound the emotional, legal, and psychological implications of rape for survivors.

Etymologically, the word rape derives from the Latin verb rapere, to seize or take by force. The legal history of rape yields a complex and shifting patchwork of meanings rather than a linear progression of definitions. Under Roman law, rape was classified as a crime of assault. By late antiquity, rape was regarded instead as a crime against male property. Through this gradual transformation of meaning, rape came to be understood as an attack against the victim's husband or father and as a crime that devalued women through their presumed loss of virginity.

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