Sometimes, the perpetrator may be unsuccessful at his objective which is having sexual intercourse, but may sexually assault the victim through inappropriate touching, attempted rape. Rape is any form of sexual assault that is unwanted and that a person does not concede. These include oral, anal, and vaginal penetration.
The question of whether the victim knew the perpetrator is not relevant to date rape cases. The most grueling task in solving a date rape case is proving that it was ‘rape action’ and that the victim, did not consent to have any form of sexual intercourse with the perpetrator. That is easy to prove is date rape drugs were used, as blood samples will be tested for potential date rape drugs. It is known that alcohol also inhibits and impairs a person’s judgment or response to events that occur. Therefore, elevated alcohol levels may also point to a date rape. However, when used alone and by an adult, who then claims to have been raped, it becomes difficult to prove the occurrence of date rape because the adult consented to have drinks.
Additionally, a victim who accompanies the perpetrator home, or to any private place where they are alone, will have a difficult time convincing the jury that a rape occurred. One who also invites the assailant in will also have trouble convincing the jury that the action occurred. Additionally, one’s behavior, dressing or manners will also be evaluated as some form of sexual consent. That is because gestures and body language may contribute to encouraging or discouraging sexual events. Therefore, they need to be evaluated as well as they provide some evidence that will help determine the case.
It should be noted that some people do not report the incident as a criminal offense, but choose to pursue it as a civil lawsuit. They ask for some compensation, which is usually monetary. In pursuing the case as a civil lawsuit, the plaintiff needs to prove that the defendant violated the law by a preponderance. A preponderance is evidence that shows that the accused committed the crime by providing evidence that is ≥51% (Spohn et al. 77). The law, under the Violence Against Women Act, allows females recipient of any form of sexual assault such as rape, the right to file a federal lawsuit and demand to be paid damages by the crime’s perpetrators.
The most common response to a date rape lawsuit is consent. The defendant may deny the charges and say that the complainant gave consent to the act. Therefore, many respondents struggle to show that the complainant conceded, the person is usually acquitted. However, when the other person is mentally incapacitated or under the legal age to give legal consent, the option of proving consent is unavailable to the defendant. Additionally, the relationship between the two has to be carefully considered and evaluated. That is because the two individuals may have previously had a sexual relationship, and there is a need to establish when the consent ended, and how it was communicated to the other party. That calls for the evaluation of the context in which the action occurred, significantly affecting the outcome of the case.
However, in a case where there is proven use of date rape drugs, the case is less complicated (Spohn et al. 123). That is because the drugs affect a person’s decision-making abilities, slur his mental and body abilities. Thus the assailant can carry out his intent with no or minimal resistance from the victim.
Moral Issues Associated with Date Rape
The society does not allow the occurrence of any rape and sexual assault. That is because the victims suffer psychological pain, which is made worse by the fact that a majority of people sexually assaulted or raped usually know their assailants. Reports show that the assailants can be relatives, workmates, or people that the victim is friends. In date rapes, the victim usually knows the perpetrator and may have some relationship with him. However, the relationship is not always sexual. It is common for the assailant to want a sexual relationship with the victim, but upon rejection, makes calculated moves that lead to the unfortunate act.
All religious groups discourage any form of sexual abuse. Rape in particular, though common in developing countries is frowned upon (Gavel 101-104). Rape is a crime mostly committed against women and girls. Interestingly, some religions show that males are superior to women and that men should lead women. Some cultures have demeaned women and made them the subjects of men. These habits are common in some parts of Africa and the Middle East. Despite the level of education in these countries, and the religions that they subscribe to, women live under the mercy of the males. It is common for the men in these cultures to have their way with any women that they please. Women that resist are labeled undisciplined and punished for their actions.
Additionally, there is a stigma associated with reporting such an occurrence in some cultures. Men, for example, think that reporting such an event shows their helplessness, whether the act was done by a woman or a male. The small reports on date rape, where the victim is a male, make people think that the vice does not affect males. However, there are concerns that stigma is the reason that many assaulted men do not report or use legal means to pursue those that sexually assault them. The society should stop stigmatizing those that report incidence such as date rape as it not only hinders the progress of the healing after such an event but also causes them undue stress. It is our moral and ethical responsibility to offer support to these people so facilitate the psychological healing that is necessary before they resume their regular duties and functions.
Some communities and individuals, also think that date rape is usually encouraged, or females provoke the perpetrators either through their dressing or mannerisms. However, if a sexual act occurs without consent, the society should term it as the rape that it is. Finding scapegoats and reasons that justify the act, make the victims feel less human, and it is unfair and causes psychological torture on women and victims while validating the assailant. Those that scot free after an action, and are more likely to become repeat offenders of that crime. Therefore, we all have a moral duty to ensure that they are held answerable for their actions. According to Spohn (132), the law should be followed in establishing their guilt or innocence. Where found guilty, they should serve the terms as and fines as dictated by the law. Those that report the occurrence, and those who are victims of such events, should receive counseling so that they do not suffer psychological torture, which is likely to hinder their lives and social development. Some of the people who undergo the unfortunate event, usually develop alter-personalities and other mental disorders such as post-traumatic depression, affecting their lives’ quality and also productivity. The society should be ready to help receive them, and assist them to lead a normal life without judgment, stigmatization or to make them feel that they are responsible for the act. It is important to educate communities and people where these crimes take place so that they can understand that that is not the proper way of conduct. Additionally, education will amount to empowerment and people will no longer be ashamed to report the occurrence of such events, and seek justice. Only then, shall people learn that the act is a crime that is punishable by law and that the victims do not usually want that to happen to them. When that is done, we shall be on the way to winning the war against all forms of sexual abuse and assault, including date rapes.
Additionally, the consequentialist moral theory says that the consequences of an action matter (Thomas 45-51). Therefore, any action that is likely to result in an adverse consequence should not be done. Acts such as date rapes are likely to lead to negative consequences such as hatred towards the perpetrator; self-pity and anger are some of the results of a date rape. Additionally, the victim may also develop trust issues making it impossible to build meaningful relationships and friendships. These are all negative outcomes of date rape, and therefore, the act should not be done. There is no good that comes from such an act, and the perpetrator is likely to serve a jail-term once proven guilty of the offense.
Immanuel Kant’s deontology bases morality on obligations of a person, and also whether they are right or wrong regardless of their consequences. Therefore, the theory calls for rationality in what a person does (Thomas 47-60). Results are not important in this theory. However, it requires us to think whether an action is right or wrong. Therefore, without basing date rape on the consequences, people may believe that it is not a crime. That is because the perpetrator usually has connections with his victim, and may believe that he is entitled to something from the victim. For example, a boyfriend who is yet to become intimate with his girlfriend may think that the act is necessary to solidify the relationship. Hence upon many sexual rejections, he will date rape, and it may seem right since he is the boyfriend.
According (Thomas 99), to Virtue ethics, an ethical and moral life depends on the possession of the right virtues. However, the theory is wrong because virtues can be shown even by immoral behavior. For example, in date rape, the perpetrator has to be courageous and determined to carry out the act. Both courage and determination are good traits encourage in people. However, using them to commit an immoral act such as date rape is wrong and should not be encouraged. Therefore, people should consider the consequences of their actions, both on themselves and others to determine whether an act is right or wrong. The society should not condone acts such as date rape at all.
Works Cited
Gavey, Nicola. Just Sex?: The Cultural Scaffolding of Rape. New York: Routledge, 2013.
Schwartz, Richard H., Regina Milteer, and Marc A. LeBeau. Drug-facilitated Sexual Assault ('date rape'). Southern Medical Journal 93.6 (2000): 558-561.
Spohn, Cassia, and Julie Horney. Rape Law Reform: A Grassroots Revolution and its Impact. Berlin, Heidelberg: Springer Science & Business Media, 2013.
Thomas, R Murray. Moral Development Theories- Secular and Religious: A Comparative Study. Westport, Conn.: Greenwood Press, 1997.
Wilkins, Jessica. Date Rape. New York, NY : Crabtree Pub. Co., 2011.
