“It has been said that when a woman is raped, her power is taken away. It is the belief of this writer that this notion is incorrect. The immense power within a woman cannot be destroyed, only perceived as temporarily hidden. Lasting effects of rape can be changed by support and by uncovering the power that was so cleverly concealed. So many survivors believe they are alone on a journey. Their story may be theirs… but the journey belongs to everyone.”
“Although a sexual assault can last minutes or hours, the lasting effects can go on for years. The act committed by another person leaves a mark on the survivor so deep that at times they may not even see it. The result is a cluster of symptoms that can only be resolved with awareness and empowerment. The spirit is amazing in it’s resilience and starts to heal the moment it becomes injured. In becoming aware of the symptoms related to the original trauma, one can begin processing the event and come to a resolution. Survivors are empowered to overcome the beliefs instilled in them during the assault. Power is then uncovered showing strength that knows no limits. The spirit may have become clouded, but it is never broken.”
According to the Federal Bureau of Investigations Uniform Crime Report,
Sexual Assault is the most under-reported crime in the United States. Survivors
of sexual assault are often met with intrusive questions, accusations, and fear
a losing battle of "he said - she said." Although women are the majority of the
survivors, sexual assault does not discriminate. For many women, it has the
single most significant influence on their life without them even knowing
it.
The effects of rape reach far beyond the physical injuries incurred. What
transpires is a journey where trust is lost and the bedrock of lives becomes
quicksand. Rape survivors experience common symptoms of flashbacks, nightmares,
anxiety, depression, and low self-esteem. Lack of services and under reporting
leave the survivor alone in a journey along with scores of others who also feel
isolated. So close to each other, yet so far away
Rape Trauma Syndrome
Rape Trauma Syndrome (RTS) was identified by Ann Wolbert Burgess and Lynda
Lytle Holmstrom in the mid-seventies after studying the typical patterns of rape
survivors. RTS describes a process that rape survivors go through in response to
the fear experienced during a sexual assault. Although each survivor has their
own experience, there are common characteristics some survivors possess. These
characteristics are the direct result of the profound fear inherent in sexual
assault.
The response immediately after a rape varies with each individual. This
immediate response is described as the Acute Phase. The Acute Phase can
last anywhere from a few days to a few weeks after an assault. It is a response
to a complete disruption of one's life and the horrific experience of being
sexually assaulted. The Acute Phase produces as many responses as there are
survivors. Some survivors may cry, others may laugh, and still others may be
completely silent. As you saw with Ella, she went about her normal routine for
the evening.
It is important to note that there is no "wrong" way to cope with the
immediate after effects of sexual trauma. Each survivor is unique and will
process the assault in different ways. The various responses to the initial
assault fall into two categories; expressed and controlled. Survivors engaging
in expressed responses are open with their emotions and are in an
emotional state. Examples of expressed responses are crying, yelling, showing
anger, or agitation. The second type of response is known as the
controlled. Survivors engaging in this style of response contain their
emotions and focus more on keeping their composure. These responses are a result
of the survivor "regrouping" after the situation that has occurred. Again,
neither response is superior to the other. They are both responses to
trauma.
During the Acute Phase survivors may feel disbelief or in some way frozen. It
has also been described as if survivors "left their body," forever being unable
to reconnect with the woman or man who was raped. Survivors may feel humiliated,
confused, dirty, ashamed, or in some way at fault for the assault; especially in
the case where the assailant was an acquaintance. Physical concerns may arise
during the acute phase as well. These concerns may be the direct result of the
assault (i.e. bruising or soreness) or fear of the possible physical
ramifications of the assault (i.e. pregnancy or STD's).
The Acute Phase can be described as the world turning upside down. Everything
that was in place has fallen in disarray. The basic orientation to life has been
lost by the survivor. This disturbance can result in nightmares, heightened
anxiety, or a complete disconnection from ones emotions.
After the Acute Phase, comes the Reorganisation Phase where the
survivor attempts to reorganise her life. This phase invites a myriad of
emotions such as fear, anxiety, denial, and most of all the loss of security.
The shattering of security as well as trust is inherent in sexual assault. This
loss of the fundamental need for security wreaks havoc on the survivor's life.
The feeling of being unsafe looms over the survivor causing a heightened state
of anxiety, difficulty with intimate relationships, and hypervigilence such as
constantly checking ones surroundings.
The loss of trust coupled with feelings of being unsafe chip away at the
personal relationships surrounding the survivor. Relationships suffer as a
result of the survivor's isolating from their support system either physically
or emotionally. The survivor may feel a general disconnection from peers as a
result of the perceived unique experience. The shattering of trust can cause
intimate relationships to be diluted as survivors may have a heightened
suspicion of other's motives and feelings.
During the Reorganization Phase, the survivor attempts to reorganize his or
her life and create the world that she or he once knew. Despite best efforts
though, this phase is often riddled with feelings of guilt and shame. The
survivor's attempt to get back to his or her routine is often plagued with
feelings of anxiety and fear. She may attempt to return to normal social
functioning (i.e. go out to social engagements), yet may find herself unable to
do so. His or her attempts to re-establish in relationships may be hindered by
lack of trust.
Long term reactions to sexual assault may also include the inability to find
peace within this world. Sexual assault can change the individual forever as
well as the world as they know it. The end result is a constant state of
turmoil. At times, the survivor may not even recognize what is happening within.
Sexual assault causes the body to be an unfriendly environment leading the
survivor to at times feel dirty and ashamed. These feelings cause the individual
to disconnect from their body entirely. Without a connection to their body, the
survivor is unable to listen to internal states which assist her in navigating
through the world. This contributes to a feeling inherent in many survivors, the
feeling of being "lost."
Sexual Assault and the Body
The words "the scene of the crime" speak volumes in criminal investigations
and movies. In the case of sexual assault, despite where the event occurred, the
scene of the crime is the body itself. The body then becomes less of a vessel
for the spirit, and more of an enemy always reminding them of what they long to
forget. Resolution of the sexual assault requires the body to be empowered.
Forming a loving relationship between survivors and their bodies will enhance
their ability to care for themselves as well as live with less anger and
fear.
During a traumatic experience, the body morphs into a different creature, one
who of which better equipped to handle the situation. An assault at this level
is then captured by this "creature within" who holds onto it to protect the
individual from having to deal with such an emotional upheaval. Although its
intentions are noble, it can only hold on to so long. Eventually, the memories
and feelings start leaking out, causing the body to remember what the mind has
forgotten.
The results are body-based symptoms which may not be recognized by the
survivor as having a root in the assault. Survivors may have increased somatic
complaints long after the original assault. These complaints may come in the
form of gastrointestinal problems, migraines, or chronic pain. Sexual problems
may also occur such as pain during intercourse.
Intrusive Symptoms
As stated above, the disconnection from one's body causes symptoms to leak
into the survivor's life without his or her consent. These are known as
intrusive symptoms. They are appropriately named as they intrude
upon one's life. One symptom known to many survivors is a "flashback." This is
when the survivor flashes back in to a memory of the assault. Survivors may feel
as if they are seeing it or feeling it all over again. Intense fear surrounds
these flashbacks as the survivor is not able to predict or control when they
will occur.
Ella suffered from a common symptom of sleep disturbance. Survivors may have
trouble falling asleep due to their racing thoughts or inability to calm their
body. Some may attempt to put off sleep, knowing that nightmares are most likely
going to wake them up in the middle of the night. This lack of rest only serves
to compound the symptoms during the day.
Survivors may also experience extreme emotions that may not match the
situation at hand. For example, some survivors may have more of a "quick temper"
after the assault. Many are prone to depression or heightened anxiety. What was
a "normal" worry is now an obsession that renders them fearful or impulsive.
Feelings are internal cues that tell information about the world and what we are
experiencing. For the survivor of sexual assault, feelings are more "flood
gates" that tend to open with the slightest provocation.
Arousal Symptoms
Sexual assault can rob a survivor of their safety. This feeling of not being
safe lasts long after the assault. It's this lingering feeling that causes a
survivor to have what is called arousal symptoms. A common arousal
symptom is known as an exaggerated startle response. If you have ever seen a
scary movie, you can relate to being "on the edge of your seat." This feeling
may be entertaining for a short time for some (hence the majority of the movies
are action packed), but to sustain this state is both exhausting and damaging to
the survivor.
A common arousal symptom seen in rape survivors is hypervigilence. When
individuals feel safe, they are able to attune to what they choose to focus on.
In the past, however, dangerous things happened "out of nowhere." In order to
protect the body, the individual is hypervigilent to his or her surroundings,
always attuned to what is going on in the background. This hypervigilence may be
exhausting to the survivor as well as those around her. He or she may be accused
of having a lack of attention or focus.
Avoidance Traits
Sexual assault creates an internal environment so scary that survivors may
avoid any reminders of the event. Avoidance symptoms are behaviorsof
which a survivor engages in to avoid reminders of the event. When referencing
"reminders," though, one needs to recognize all that was connected with the
assault. To illustrate, if one was raped in a park, they may avoid large open
spaces. They may be triggered also by trees, the sound of birds, or a swing set
that was near during the assault. Perhaps the assailant was wearing a certain
cologne; in this case one may avoid smells including lotions, department stores,
or other places where their senses may get triggered.
Emotions that may have been present during or after the assault may be
avoided as well. For instance, survivors may avoid feelings of sadness or fear
as they connect them to the assault. They may see them as signs of weakness and
may correlate it with being vulnerable. Many survivors will avoid putting
themselves in any vulnerable place even if it is showing emotion or letting go
of a secret. A vulnerable position may lead to physical and emotional pain.
Survivors will go to great lengths to ensure that the situation does not get
recreated. Hence, survivors may work on escaping or avoiding both physically and
emotionally vulnerable situations at all cost.
Avoidance issues can cripple a survivor emotionally as they have taken
themselves out of important facets of life. Survivors of gang rape or date rape
may avoid gatherings or large crowds. Intimate friends and partners are now no
longer trusted. The survivor becomes more and more isolated from their peers as
well as their own emotional experiences. Ella found the peer interaction to be
too overwhelming and chose to retreat. Prolonged avoidance of dealing with the
trauma of rape can lead a survivor to "hide out," causing them to work long
hours, and/or become obsessed with isolated behaviors such as eating or
exercising.
As the survivor attempts to avoid the difficult feelings associated with rape
and its aftermath, many increase their use of mood altering substances. They may
use alcohol or drugs to blanket the feelings of anxiety or fear. Many find mood
altering substances initially comforting as they produce a feeling of safety.
Others find that the only way for them to fall asleep through external means
such as a substance. The flashbacks are then contained with drugs or alcohol.
The amount needed to numb the pain or contain the memories increases until they
become addicted. Many identify this as a problem and seek to lessen their drug
and alcohol use. However, the less they use, the more symptoms of the sexual
assault may come up. In these instances, the need for treatment of substance
abuse as well as the assault is needed concurrently.
Negative Cognitions Associated with Rape Trauma
Although some survivors are able to connect their present feelings and
symptoms to the original trauma, many survivors use present day problems to
explain unhappiness. For example, they may not identify the deep rooted trust
issues of which they may struggle. Instead, they believe that their present
relationships are "not working out." A good look at an individual's life will
reveal the true beliefs they have about themselves and the world. When one
doesn't feel worthy, it leads them to construe situations to confirm their
unworthiness.
In life, there are certain "rules" we use in society to create a safe and
predictable world. For instance, the fact that the sky is blue has become a
"rule" in our head ever since we first learned our colors. We then use this fact
as a reference point to determine whether or not something is amiss in our
world. We have also learned that a gray sky typically produces rain. In this
case, our world becomes predictable. If the sky is blue, there is little chance
of rain. If the sky is gray, we need to prepare for rain.
Additional "rules" and guidelines lay within the human mind. These rules are
called "cognitions" or "beliefs." They are beliefs about oneself which are
perceived to be true based on one's experience. Some common beliefs are that
people are good, the world is relatively safe, sex is pleasurable, and we are in
control of our environment. A sexual assault can change these beliefs at the
core of the human being. These beliefs infiltrate the survivor's life without
the conscience being aware. The beliefs then morph into the feelings that people
are bad, the world is not safe, sex is something that hurts, and the environment
is out of control. These beliefs about oneself and the body then polarize the
survivor from their body or their world. However, rarely are survivors able to
articulate that they feel their body is an enemy. Instead, they present with
eating disorders, substance abuse, or self injurious behaviors.
The Sexual Offences Act 2003 (the Act) came into force on the 1 May 2004. It repealed almost all of the existing statute law in relation to sexual offences. The purpose of the Act is to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
Under section 1(1) SOA 2003 a defendant, A, is guilty of rape if:
_ A intentionally penetrates the vagina, anus or mouth of B (the complainant) with his penis;
_ B does not consent to the penetration; and,
_ A does not reasonably believe that B consents.
The new offence of rape in section 1(1) SOA 2003 includes oral and anal penetration with a penis. This is a change from the previous law which was only concerned with vaginal penetration and used other offences to criminalise these forms of sexual violence (such as indecent assault). The person who commits the offence of rape must be a man (as the penetration has to be with a penis). However, both women and men may experience rape. If the penetration is with something other than a penis then the offence is assault by penetration
For the offence of rape to have been committed the defendant must have penetrated you without your consent, or continued to penetrate you after you withdrew your consent, and the defendant must not have reasonably believed that you were consenting.
It is not relevant what relationship, if any, a defendant has or had with you. Nor is it relevant if the act complained of occurred within a relationship. If the defendant intentionally penetrates with his penis the vagina, anus or mouth of the complainant without her consent where he does not reasonably believe in her consent the defendant has committed rape.
What is the definition of consent?
The Act has three important provisions relating to consent. They are:
A statutory definition of consent
The test of reasonable belief in consent
The evidential and conclusive presumptions about consent and the defendant's belief in consent
Section 74 defines consent as "if she agrees by choice, and has the freedom and capacity to make that choice" . In the offences of rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent, a person (A) is guilty of an offence if (s)he:
Acts intentionally;
(B) does not consent to the act; and
does not reasonably believe that B consents.
Deciding whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents (subsection (2) of sections 1-4). It is likely that this will include a defendant's attributes, such as disability or extreme youth. This is a major change in the law and the Act abolishes the Morgan defence of a genuine though unreasonably mistaken belief as to the consent of the complainant. It means that the defendant (A) has the responsibility to ensure that (B) consents to the sexual activity at the time in question. It will be important for the police to ask the offender in interview what steps he took to satisfy him that the complainant consented.
common myths about rape
Here are some of the most common myths that surround rape and sexual assault:
Myth Do not go out alone at any time. Women are most likely to be raped outside, in dark alleyways late at night. This is the best way for a woman to protect herself.
Fact The suggestion of avoiding walking alone, especially at night is a common suggestion to avoiding sexual assault. However, only 9% of rapes are committed by 'strangers'. Women are raped in their homes and in their work places where they are less likely to be believed and even less likely to report. This myth can control movements and restricts freedom. This can feel like women are living under a 'curfew' and that it is a woman's responsibility to be either in or out at certain times. More than 80% of rapes are committed by known men.
Myth Women who are sexually assaulted 'ask for it' by the way they dress or act, rape only happens to young women.
Fact Many women are led to believe that if they are not part of a certain category of women then they are 'safe' from being raped. Women and girls of all ages, classes, culture, ability, sexuality, race and faith are raped. Attractiveness has little significance. Reports show that there is a great diversity in the way targeted women act or dress. Rapists choose women based on their vulnerability not their physical appearance.
Sometimes women see themselves as 'unworthy' or 'undesirable' because of their age or physical appearance and therefore 'safe' from rape. Some men joke or make comments about women's appearances or age to indicate whether she is sexually desirable or available, or as part of their defence in court, saying he thought 'he was doing her a favour', using her appearance or age. Women are raped from the age of three to ninety three. Rape is an act of violence not sex.
truth: men are responsible for whether they rape or not
Myth Everyone knows when a woman says no, she often means yes. Women secretly want to be raped.
Fact Rape is a terrifying, violent and humiliating experience that no woman wants or asks for. Legally a person has the right to change their mind about having sex at any point of sexual contact. If a sexual partner does not stop at the time a person says no, this is sexual assault. If a person is in a relationship with someone or has had sex with a person before, this does not mean that they cannot be assaulted by that person. Consent must be given every time two people engage in sexual contact. Sex without consent is rape.
Myth The women was drunk / took drugs / had a bad reputation / was hitch hiking / wore tight clothes / seduced him / probably got what she was asking for.
Fact If a person is unconscious or their judgement is impaired by alcohol or drugs, legally they are unable to give consent. Having non-consensual sex with a person who is intoxicated is sexual assault.
Rapists use a variety of excuses to attempt to discredit the women they rape and to justify their crime. No woman asks or deserves to be rape or sexually assaulted. Often a rape case is defined more by the woman's character than by what has happened to her. Newspapers and mass media often refer to women in the roles that they have within society - 'young mother', 'grandmother', 'doctor's wife' etc. If the woman's role or social position is not seen as socially acceptable, she is often held responsible not the rapist. For example, the original 'Jack the Ripper' and Sutcliffe in the late 70's and 80's were glorified by the press. (Jack the ripper has his books, museum, cocktails, computer games and even tourist walks in London named after him where you can visit the places women were murdered!)
The rules imposed on women's behaviour allow rapists to shift the responsibility for rape onto women wherever possible, so that most of the perpetrators who rape are seen as victims of malicious allegations, carelessness or stupidity. There is no other crime in which so much effort is expended to make the victim appear responsible - imagine the character or financial background of a robbery victim being questioned in court.
Myth Women eventually relax and enjoy it. They secretly want to be raped
Fact There is a widely held belief that women enjoy rape or that it is 'just sex at the wrong time, in the wrong place'. Rape is a crime of sexual violence and humiliation which can involve being beaten, physical restraint, the use of knifes and sticks, urination and defecating. Studies have consistently shown that most rapes involve physical force to some degree. Often when a woman is raped she is afraid that she will be killed - rapists often use the threat of killing a woman or her children to ensure her 'submission' and her silence after the attack. Women do not enjoy sexual violence. Victims of murder, robbery and other crimes are never portrayed as enjoying the experience.
Myth The woman did not get hurt or fight back. It could not have been rape.
Fact Men who rape or sexually assault women and girls will often use weapons or threats of violence to intimidate women. The fact that there is no visible evidence of violence does not mean that a woman has not been raped.
Another myth that goes hand in hand with this is that ' rape is a fate worse than death' and this links with the belief that women should fight and resist throughout. Faced with the reality of rape, women make second by second decisions, all of which are directed at minimising the harm done to them. At the point where initial resistance, struggling, reasoning etc have failed, the fear of further violence often limits women's resistance. The only form of control that seems available to women at this point is limiting the harm done to them.
truth: men who rape lie about it
Myth Men of certain races and backgrounds are more likely to commit sexual violence.
Fact There is no typical rapist. Studies show that men who commit sexual violence come from every economic, ethnic, racial, age and social group. 85% of rapists are men known to their victims.
Myth Men who rape or sexually assault are mentally ill or monsters.
Fact Studies have indicated that as few as 5% of men are psychotic at the time of their crimes. Few convicted rapists are referred for psychiatric treatment.
Myth The man was drunk / on drugs / depressed / under stress / wasn't himself.
Fact Men use a variety of excuses to justify the act of rape. There is never an excuse.
Myth Once a man is sexually aroused he cannot help himself. He has to have sex.
Fact Studies show that most rapes are premeditated i.e. they are either wholly or partially planned in advance. All rapes committed by more than one assailant are always planned. Men can quite easily control their urges to have sex - they do not need to rape a woman to satisfy them. Rape is an act of violence - not sexual gratification. Men who rape or sexually assault does so to dominate, violate and control.
Myth Men who rape are sexually frustrated / do not have the opportunity to have sex with a willing partner.
Fact Men who rape are as likely as any other man to be cohabiting or having a significant relationship with a woman. More than one in five women are raped by their partners or their husbands. Women who work as prostitutes or in the sex industry are usually dismissed as rape victims because of bias by the police, criminal justice system, juries and society in general.
Myth Women make up stories about being raped. .
Fact Reporting to the police can be a difficult decision. There are many myths that underlie the belief that women make false and malicious allegations of rape against innocent men. Studies show however, that the allegations of rape that are false are exactly the same as that of any other crime i.e. 6 - 8%
Myth Women cannot rape other women
Fact Only a man can commit the offence of Rape [Sec 1 (1) SOA 2003] as the penetration has to be with a penis. However, both women and men may experience rape. If the penetration is with something other than a penis, then the offence is assault by penetration.
The majority of sexual assaults are committed by men against women, but anyone can be sexually assaulted and emotional, physical and sexual abuse does happen in same sex relationships. Often when women are assaulted by other women they fear they will not be believed. It is important to realise that women who are assaulted by other women are able to access support and are believed
