1. It's Time For the Truth
2. India: "Truth Alone Triumphs"
India, a developing country, whose national motto of "Truth Alone Triumphs" gives one hope that the country will strive to find the truth in every aspect of society. However, statistics prove this motto to be empty words, only 4% of those accused of rape in India are convicted (Douglas). India in 2012 had a rape rate of 1.8 per 100,000 individuals and a total of 22,172 reported cases ("United Nations Office On Drugs and Crime"). Keeping the rape rate mentioned above in mind, only 1% of victims are thought to report rape to the police. This causes us to question how many more individuals were raped in 2012 (Raj and McDougal, 383). In 2012, out of the 600 reported rape cases in Delhi, India only one led to a conviction (Faleiro). With a national motto that endorses truth one would assume Indian officials would strive to abide by this in the courts and seek justice for victims of rape. However, India's laughable conviction rates results in those in society to believe that there is little concern for attaining justice for victims.
There are obvious socitial issues when it takes a gruesome gang rape and subsequent death of a 23 year old student in 2012 to push many in society to publicly criticize and question politicians and the failure of the law and order system (Simon-Kumar). People began to attack the narrow definition of rape, as well as insignificant penalties for the crime and almost nonexistent conviction rates. In 2013, politicians responded with a Criminal Law Amendment (Simon-Kumar). Article 375 altered the definition of rape to constitute when a man penetrates with his penis, an object, other body part, or manipulates any body part of the women to penetrate into the vagina, urethra, or anus of the women. Under the circumstances that it was against her will, without her consent, with her consent under fear or injury or death, with her consent under the false belief that the man was her husband, consent under the influence of stupefying substances (alcohol etc.), physically unable to communicate consent, or if she is under the age of 18. The ghastly exception to this is the fact that any sexual intercourse or actions between a man and his wife (over the age of 15) is not considered rape. (Ministry of Law and Justice). This stems to cultural beliefs that men can do as they please with their wife and what happens inside the home is a personal matter, one not to be discussed in public. (Ministry of law and Justice).
It is obvious that India's cultural ideas and beliefs play a huge role in the aftermath of a rape for the victim. A native of Delhi describes a culture who believes the worst aspect of a rape is the defilement of the victim who will not be able to find a husband (Douglas). It is also common for families to throw victims out of the house if and when the rape becomes public (Douglas). Statistics show that 70% of the rape victims in India's capitals have disappeared from their homes (Douglas). Politicians and many in the public still place blame on the victim by claiming she invited the rape by her clothing choices and her mannerisms (Simon-Kumar). This a huge problem, if society thinks this way then how could any women get justice for the crime committed on her body. Of course India has a 1% reporting rate because women they are blamed and shamed for something they had no control over. It also confirms why there are so little conviction rates, society doesn't encourage justice they encourage silencing and ignoring incidences of rape.
Douglas, Carol. "India:Rape Victims Disappear". Off our Backs, 30.8 (2000). N. pag. Web. 10 April 2015.
Faleiro, Sonia. "The Unspeakable Truth About Rape in India." The New York Times. The New York Times, 01 Jan. 2013. Web. 19 Apr. 2015.
Ministry of Law and Justice. "The Criminal Law (Amendment) Act, 2013". The Gazette Of India 13. Authority, (2013). Web. 10 April 22015.
Simon-Kumar, Rachel. "Sexual Violence In India: The Discourses Of Rape And The Discourses Of Justice." Indian Journal Of Gender Studies 21.3 (2014): 451-460. Women's Studies International. Web. 31 Mar. 2015.
Raj, A. and McDougal, L. "Sexual Violence and Rape in India." The Lancet 383 (2014): 865. Web. 10 April 2015.
"United Nations Office on Drugs and Crime." Crime and Criminal Justice Statistics. N.p., n.d. Web. 19 Apr. 2015.
3. Brazil: A Nation of Order and Progress
Brazil, a developing country, with a motto of order and progress had 49,524 reported rape cases and a rape rate of 24.9 per 100,000 individuals in 2012. This doesn't speak to order or progress in any sort of way for Brazilian society ("United Nations Office on Drugs and Crime"). Reported rapes have risen 157% between 2009- 2012, something that health officials have contributed to the widening of the definition of rape in 2009 and the encouragement of women to come forward. ("Brazil Rape Statistics Skyrocket after Laws Change"). However, in Rio de Janero in the first 4 months of 2013 there were 1,822 reported rapes in the state and only 70 persons were arrested for the crime("Rape in Brazil Still an Invisible Crime"). Thus, the widening of the definition of rape hasn't improved conviction rates, but appears to to be empty words and empty promises to the women encouraged to come forward.
In 2009, Brazil's rape definition was expanded, article 213 of the Brazilian Penal Code defines rape as to coerce someone through violence or serious threat, to have sexual intercourse or to perform or allow him to practice other lewd acts. The penalty for this is 6- 10 years of imprisonment and if the conduct resulted in serious bodily injury the penalty is extended to 8-12 years imprisonment. Article 217 defines rape vulnerability as having sexual intercourse or carrying out other lewd acts with someone less than 14 years of age with a penalty 8- 15 years. (Brazil. Subchedia for Legal Affairs) Even though the definition was widened , a widening of a definition is insignificant if the law and order system does not work to condemn rapists or if society places blame on the victims. A study done by IPEA in 2013 speaks to public attitudes about rape, revealing that 26% of Brazilians believe that a woman wearing provocative clothing deserved to be raped ("Macho Notions of Rape Linger in Brazil"). As if it couldn't get any worse 58.5% agreed that if women knew how to behave properly there would be fewer cases of rape ("Macho Notions of Rape Linger in Brazil").Obviously Brazilian culture doesn't provide support for rape victims, but blames them for the incident. Marital rape is something that the law doesn't address, though many women experience it. Society still leans toward a conservative view that it is a woman's duty to submit to her husband's sexual desires. ("Violence Against Women in Brazil..."). Ultimately, Brazilian rape victims face a lot of blaming from society and judging by the statistics gain very little justice through the court systems.
"Brazil Rape Statistics Skyrocket after Laws Change." InterAksyon.com. N.p., n.d. Web. 10 Apr. 2015.
Brazil. Subchedia for Legal Affairs. Presidency of the Republic Civil House. N.p., n.d. Web. 10 Apr. 2015. .
"Macho Notions of Rape Linger in Brazil | Al Jazeera America." Macho Notions of Rape Linger in Brazil. N.p., n.d. Web. 19 Apr. 2015.
"Rape in Brazil Still an Invisible Crime." Rape in Brazil Still an Invisible Crime. N.p., n.d. Web. 11 Apr. 2015.
"United Nations Office on Drugs and Crime". Crime and Criminal Justice Statistics. N.p., n.d. Web. 19 Apr. 2015.
"Violence against Women in Brazil A Report to the Committee on Economic, Social and Cultural Rights". Rep. OMCT, 2003. Web. 10 Apr. 2015.
4. United States of America: "The land of the Free"
The United State's claim of freedom for its citizens is challenged by the fact that there are thousands of women bound by the restraints of rape that take place in society. In 2012 there were 84,376 cases of reported rape, which results in a rape rate of 26.6 per 100,000 individuals. ("United Nations Office on Drugs and Crime"). Women are not "free" in American society, the are chained by heinous crimes upon their bodies. In 2009, 75,720 females were raped by force or threat of force, leading to 52.30 per 100,000 females either experiencing forced rape or attempted rape (US Census Bureau). It is reported that rape rates are declining in US, the amount of rape cases reported in 2013 were 6.3% lower than 2012 and 16.1 % lower than in 2006 ( FBI- Rape). Is this decline really from less rapes or less trust in the system or fear of retaliation from society.
In 2012, the FBI reports that 27,772 males were charged and arrested with forcible rape, compared to the fact that there were 87, 000 reported cases of rape it leaves us to wonder how effective our judicial system really is (FBI-Rape). On January 1, 2012 the FBI put into effect a revised definition of rape one that means penetration, no matter how slight of the vagina or anus with object or body part, or oral penetration by a sex organ of another person without the consent of the victim.(Uniform Crime Reporting) This definition includes both male or female victims or offenders as well as instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity. (Uniform Crime Reporting) This definition is used by the FBI while they collect rape statistic from the states. However, it is important to note that there is no universal definition for rape in the US. Each state makes its own definition and laws regarding rape ("State Rape Laws - Findlaw"). It is alarming that each state has the power to choose their own definitions rape as well as decided penalties that are suitable on there own. This leads to uneven persecution of rapists, uneven justice for victims and honestly a lack of faith in the US government. Rape is important and it's definition and penalties should be talked about at the nation level. Talking about it at a national level gives it more legitimacy and makes citizens aware that the government places rape as a high concern.
America is argued to be a rape culture , a culture in which every day society has made rape a mainstream event ( Vagianos). Rape culture does not have a universal definition yet in general it is a culture in which the dominate ideologies, media images, social practices and societal institutions support and condone sexual abuse by normalizing male violence against women and placing blame on the victims ("Rape Culture"). The US has a huge music industry, one that is guilty of contributing to rape culture with songs that normalize and glorify rape (Vagianos). For example, a huge hit by Robin Thicke states, "I know you want it" 18 times while the women are used as objects in the video (Robin Thicke VEVO). How does he know she wants it, this speaks to the fact that consent does not need to be given, real men know when a girl wants it, he doesn't have to ask. This is a prime example of how media in the 21st century is cultivating rape culture.
FBI- Rape. FBI, 08 Oct. 2014. Web. 10 Apr. 2015.
"Rape Culture." Day of the Girl. N.p., n.d. Web. 20 Apr. 2015. .
Robin Thicke VEVO. "Blurred Lines ft. T. I., Pharrell." online video. youtube.com. 20 March 2013. Web. 10 April 2015.
"State Rape Laws - FindLaw." Findlaw. N.p., n.d. Web. 19 Apr. 2015. .
Uniform Crime Reporting (UCR) Program Summary Reporting System (Summary). Rep. FBI, n.d. Web. 10 Apr. 2015. .
US Census Bureau, Statistical Abstract of the United States (2012). "Forcible Rape- Number and Rate: 1990 to 2009. [Data File]. Retrieved from: http://www.census.gov/compendia/statab/2012/tables/12s0314.pdf
"United Nations Office on Drugs and Crime." Crime and Criminal Justice Statistics. N.p., n.d. Web. 19 Apr. 2015.
Vagianos, Alanna. "Listen Carefully, This Is What Rape Culture Sounds Like In America." The Huffington Post. TheHuffingtonPost.com, n.d. Web. 19 Apr. 2015. .
5. Nigeria: "Unity and Faith, Peace and Progress"
In 2007, Nigeria had 1,545 reported rapes and a rape rate of 1 per 100,000 individuals. ("United Nations Office on Drugs and Crime"). Though the rape rate appears to be significantly low in Nigeria one must take into account and acknowledge the fact that it is a taboo to discuss sex or rape in society. Therefore, parents of rape victims go to extreme lengths to protect the public image of their daughters. Ultimately, there are few reported rapes due to the parents desire to save the honor of their daughters and to protect the family from embarrassment (Onyejekwe). Less than one in five (18.1%) of the 10,000 respondents who have been raped in Nigeria reported the crime to the police (Folayan et al.). Thus, Nigeria's motto of peace is challenged by the fact that women who have been raped are hushed up by both family and society. That is not an example of peace, progress or unity for that matter. Rape victims have no peace when they are forced to internalize a intimate crime. There is no unity between victims and a society who believes the most important aspect of rape to be the loss of honor. There is no progress while women are still victimized. It's a shame that the embarrassment and honor of the family is more important then justice for a mother, wife or daughter.
To understand Nigeria's rape rates we must look at the official definition. Article 357 of Nigeria's Penal Code states that any person who has unlawful carnal knowledge without her consent or with consent that was given under force, threats, intimidation, fear of harm or by means of false representation as to nature of the act or in the case of a married women by impersonating her husband is guilty of the offense called rape("Criminal Code Act-PartV."). Article 358 and 359 state that if one commits a rape he is liable to imprisonment for life with or without caning (being beaten with a cane). In addition, if one attempts to commit rape one is guilty of a felony and is liable to imprisonment for 14 years ("Criminal Code Act-PartV."). However, under Nigerian law there is no law that protects a women whose husband rapes her (Onyejekwe). This means that technically it is impossible (under Nigerian law) for a husband to rape his wife because they the wife is supposed to submit to the sexual desires of her husband. This is a serious pitfall in Nigerian law because it permits husbands to rape their wives with out any fear of legal repercussions or penalties. Ultimately, Nigeria is a culture of silence when it comes to rape. Rape is considered to bring dishonor to the family, hence why it has been used in wars in the past to defile women of Nigerian communities. There is also an aspect of public humiliation and intimidation from police officers for rape victims (Onyejekwe). It is no secret in society that police officers in Nigeria treat victims of rape as if they are they themselves are the criminals. There have been instances where the policemen demand bribes to investigate rapes and end up accusing the victims of consenting to sexual intercourse with the rapist (Achunikeand Kitause).
Achunike, Hilary, and Kitause, Rimamsikwe. "Rape Epidemic in Nigeria: Cases, Causes, Consequences and Response to the Pandemic." Impact Journals 2. N.p. n.d. Web. 18 April 2015.
"Criminal Code Act-PartV." Criminal Code Act-PartV. N.p., n.d. Web. 12 Apr. 2015. .
Folayan, Morenike O., Morolake Odetoyinbo, Abigail Harrison, and Brandon Brown. "Rape in Nigeria: A Silent Epidemic among Adolescents with Implications for HIV Infection." Global Health Action. Co-Action Publishing, n.d. Web. 15 Apr. 2015. .
Onyejekwe, Chineze J. "Nigeria: The Dominance Of Rape." Journal Of International Women's Studies 10.1 (2008): 48-63. Women's Studies International. Web. 19 Apr. 2015.
"United Nations Office on Drugs and Crime." Crime and Criminal Justice Statistics. N.p., n.d. Web. 19 Apr. 2015.
6. Afghanistan: "Change and Consistency"
In 2014 there were 1,468 reported incidences of violence against women, 412 of those incidents (8.5%) had to do with sexual violence (AIHRC). In 2014, 4,873 incidences of violence were reported to the AIHRC, 97.8% of these were in the household. In addition, there were 259 reported rape incidences(Afghanistan Independent...). Therefore based on available statistics violence against women is more reported and or more common then rape in Afghanistan. However, the fact that almost 98% of the reported instances of violence are in such an intimate environment leads one to believe that rapes are more common then statistics show. "Change and consistency", a political slogan for presidential hopeful, Ashraf Ghani, is something that Afghanistan needs to implement into many aspects of the society ("Afghanistan Presidential Candidates..."). They need to change the way that women are treated as well as the cultural repercussions of rape for women.
Afghanistan's Penal code doesn't specifically define rape, article 429 states that a person who through violence, threat, deception violates the chastity of another or initiates the act shall be sentence to long imprisonment not exceeding 7 years. Article 427 speaks to the fact that a person who commits adultery shall be sentenced to long imprisonment (Afghanistan: Penal Code). However, many women a who are raped are prosecuted under article 427 as adulterers("AFGHANISTAN:..."). In addition, Afghanistan's president, in 2009, passed the Shia Family Law that applies to the Shiite community which is approximately 10-20 % of the population in Afghanistan ("The Shia Family Law"). This law forces women to have sex with their husbands every fourth night, approves child marriage (legal age to marry is 16), restricts women's rights to leave the home, and restricts dress to husbands wishes. If the woman refuses to follow these rules the husband is allowed to stop feeding her ("The Shia Family Law"). Based on the fact that a husband is allowed to starve his wife for not behaving properly Afghanistan culture really needs to change the way they view women. These actions should not be acceptable, apparently in Afghan culture women have minimal rights.
Afghanistan culture considers sexual violence to be a taboo therefore it is usually not openly discussed ("AIHRC: 400 rape..."). Rape is a crime that can be legally prosecuted but in reality it is rarely reported because of the many risks women face if they speak out. One such risk is honor killings, the Independent Human Rights Commission reported that 400 cases of rape and honor killings have been filed in Afghanistan in 2012 and 2013. 15% of these honor killings and rape were committed by Afghan police officers. ("AIHRC: 400 rape...") As mentioned above, many victims of rape are often at risk of being convicted of "zina", fornication outside of marriage, and they are tried under article 427 of the Penal Code("AIHRC: 400 rape..."). This ties back to consistency, victims of rape should not be persecuted for adultery, society needs to begin to strive for consistency in fair trials that seek justice for victims. A 19 year old woman named Gulnaz was raped by a relative and became pregnant. After her pregnancy become public she was prosecuted and found guilty of adultery with a sentence of 12 years in prison. Her only option to get out of prison was to marry her attacker to restore her honor. However, this is dangerous because many afghan women are killed for the shame their rape brought to the family and the community. ("Afghan Woman's Choice:..."). The fact that women who are violated are prosecuted as adulterers is a serious problem with Afghan culture. As well as the fact that the only option to redeem honor and live peacefully in the community is to marry the rapist is sickening. These things need to change, victims of a crime such as rape should not be treated in this manner.
"Afghan Woman's Choice: 12 Years in Jail or Marry Her Rapist and Risk Death - CNN.com." CNN. Cable News Network, n.d. Web. 20 Apr. 2015.
"AFGHANISTAN:Differentiatie Rape From Adultery." IRINnews. N.p., n.d. Web. 16 Apr. 2015. .
Afghanistan: Penal Code [Afghanistan], 22 September 1976, available at: http://www.refworld.org/docid/4c58395a2.html [accessed 17 April 2015]
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Afghanistan Independent Human Rights Commision (AIHC)."Summary of the Findings Report on Violence Against Women." AIHC. N.p.18 March 2015. Web. 21 April 2015.
"The Shia Family Law." The Shia Family Law. N.p., n.d. Web. 18 Apr. 2015. .
7. Netherlands: "I Will Uphold"
Statistics show that in 2012 the Netherlands had a rape rate of 8.9 per 100,000 individuals with 1,485 reported cases("United Nations Office on Drugs and Crime."). By 2012 statistics show that 12% of Dutch women have been raped at some point in their life , 10% have been forced to allow or perform oral sex, and 17% have experienced attempted rape. Even more concerning is the fact that 7 out of 10 victims knew the perpetrator, a neighbor or ex-partner( de Hass et al.)
Article 242 of the Dutch Penal Code states that it is a criminal offense to compel a person into allowing an act comprising or including sexual penetration of the body by an act of violence or threats of violence. Article 243 states that it is an offense to commit sexual acts including penetration of the body where the victim is unconscious, has an impaired conscious or a physical incapability (Netherlands | Europe."). Rape within marriage was made an offence in 1991 ("Netherlands: Some Facts..."). Its shocking that it took a developed country that long to acknowledge rape goes on between man and wife in marriage.
Not much is available about Netherlands culture and ideals about rape. However, I stumbled upon a very dis-concerning article about a rape that was covered up by government. A mentally challenged girl the age of 15 was repeatedly raped by a group of 14 boys in the Amsterdam city district of West Park in 1999. The city district tried to cover up the group- rape so as not to cause unrest in the society. The strange thing is that the district covered up another group rape as well.("Group-rape of Girl Cover up in Holland..."). This cover up to keep the peace may in fact point to a positive aspect of Dutch society. The fact that exposure of a group rape would stir up society and cause unrest is a very good sign that those in Dutch society don't approve of rape.There has been no evidence that rape victims in the Netherlands are shamed for what happened for them.
de Haas, S., PhD, van Berlo, W., MSc, Bakker, F., PhD., & Vanwesenbeeck, I., PhD. (2012). "Prevalence and Characteristics of Sexual Violence in the Netherlands, the Risk of Revictimization and Pregnancy: Results from a National Population Survey".Violence and Victims, 27(4). Retrieved from http://search.proquest.com/docview/1035299816?accountid=10920
"Group-rape of Girl Cover up in Holland - an Update." Group-rape of Girl Cover up in Holland - an Update. N.p., n.d. Web. 15 Apr. 2015. .
"Netherlands | Europe." Netherlands | Europe. N.p., n.d. Web. 20 Apr. 2015. .
"Netherlands: Some Facts On Violence Against Women." Women's International Network News 21.1 (1995): 43. Academic Search Premier. Web. 21 Apr. 2015.
8. So What?
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