General practice of law requires that for every action complained of there must be probable cause and cogent evidence to support the claim. Lack thereof forces the court to dismiss the case or acquit the accused. It is for this reason that date rape victims suffer incurable injustices when their offenders go unpunished. This paper extrapolates on the prevalence of date rape cases, the contrast between date rape and other forms of rape, means employed by the perpetrators and finally, suggestion on how corner such offenders.
• Date rape is committed when an act of penetration is occasioned to the victim party to a romantic or “potentially sexual” relationship (Velasquez et al., 2015). It is more common in college campus where there a lot of partying and alcohol abuse (Gurnham, 2016). In most cases, the perpetrators use date rape drugs on their victims before committing the harmful act (Velasquez et al., 2015). The drugs have plausible effects on the victims making them defenseless thus easily assaulted. Statics reveal that 15-20% of women have experienced rape in their lifetime. The 1995 National Violence Against Women survey found 17.6% prevalence rate. A study by the Department of Justice in rape found 18% prevalence rate. In 2013, the rate declines by 58% as reported by The United States Department of Justice’s Bureau of Justice Statistics. 91% were male. 99% of those arrested were male. In another study carried out 2014 in college campuses, 63% of reported rape cases were done by white males, 19% by black males, 10% done by another race and 8% by unknown.
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• The above statistics raise the alarm. There is an urgent need to prosecute such cases to protect the potential victims in campuses and colleges. Failure to prosecute date rape amounts to a violation of human rights and fundamental freedoms. Protection of human dignity is a primary right that cannot be limited. It is the role of the courts to see to it that students on college campuses are accorded with the protection of the law even as they explore the school adventures. It defeats the spirit and purpose of law and justice when rapists are left scot free. An ethicist John Rawl holds that “Foundation of justice is social stability, interdependence, and equal dignity.”(Velasquez et al., 2015)
• The Uniform Crime Report measures the number of rape cases and sexual assault known to the police (Kalsbeek & House, 2014). The 2016 report estimated a total of 90, 185 cases that were reported in 2015, on the other hand, the National Crime Victimization Survey measures sexual assault and rape cases that go unreported. A report in 2016 recorded 431, 840 unreported cases. While these reported helps the nation understand the prevalence of this kind of felony, the numbers estimated do not show a true picture of the wrongs committed over time. For instance, a study conducted by the National Research Council in 2013 stated that “rape is grossly underreported in the United States.” The definition of what amounts to rape accounts for the difference regarding numbers of cases reported by other bodies that carry out statistics (Kalsbeek & House, 2014). Kalsbeek and House (2014) concluded that “The National Crime Victimization Survey, which is designed as an omnibus victimization survey, is efficient in measuring the many types of criminal victimizations across the United States, but it does not measure the low incidence events of rape and sexual assault with the precision needed for policy and research purposes.”
• Date rape refers to an act of penetration occasioned to a person who is in a “potentially sexual relationship” with the offender (Gurnham, 2016). It is a form of acquaintance rape because in most cases the offender is known to the victim beforehand (Holmstrom, 2017). The offender makes use of physical and psychological means enabling him to have sex with victims without consent (Bernard et al., 2015). Commonly, the use of alcohol and date rape drugs aids in the execution of the offense (Velasquez et al., 2015). Just like in date rape, the victim and the offender are known to each other in acquaintance rape except for the existence of a potentially sexual relationship. The connection may stem from a common workplace or a common neighborhood to mention but a few (Kalsbeek & House, 2014). According to the United States Bureau of Justice Statistics, date rape is the most prevalent type of rape affecting women between the ages of 16-24. College students account for a substantive proportion of the cases due to high consumption of alcohol (Holmstrom, 2017). Rape by a stranger signifies no prior relationship between the victim and the offender (Bernard et al., 2015). Surprisingly, the society views this kind of rape as “real rape.” The offender studies the victim before for a while before committing the wrongful act incapacitation of the victim is not necessary (Bernard et al., 2015). Statutory rape defines rape to mean “carnal knowledge of a female forcibly and against her will” (Kalsbeek & House, 2014). Indeed, consent if a fundamental component in proving the act was against the will of the victim. Consent can be inferred of expressed depending on the circumstances of the case (Kalsbeek & House, 2014). Many jurisdictions do not recognize spousal rape because marriage in itself signifies consent (Gurnham, 2016). Even for those that recognize it as a felony, proving the same is quite difficult (Gurnham, 2016). Ideally, the misleading notion that a potentially sexual relationship exists between the victim and the offender in date rape creates a window of consent that precludes a victim from speaking out or reporting the same.
• As stated above herein, the offenders in date rape use alcohol and date rape drugs on their victims. These drugs render the victims defenseless and on extreme ends cause them to do activities uncalled for (Velasquez et al., 2015). Flunitrazepam (Rohypnol) and Gamma Hydroxybutyrate (GHB) are the most common drugs (Velasquez et al., 2015). “With these drugs in the victim’s body, he/she is easily manipulated or overpowered.”
• Gamma Hydroxybutyrate (GHB) is a central nervous system medication that is used in anesthetic surgery (Velasquez et al., 2015). In other cases, it is used to treat sleep disorders. The drug was pronounced as “unsafe” by the Food and Drug Administration in 1990. GHB illegally circulates in nightclubs in California, Florida, Texas, and the Midwest (Velasquez et al., 2015). Other names for the drug include Liquid X, Scoop, and Grievous Bodily Harm (Velasquez et al., 2015). Once GHG is absorbed into the bloodstream, the victim can sleep for about theory minutes.
• Flunitrazepam is a benzodiazepine that is used for paranesthesia and sleep disorders in Latin America, Europe, Asia, and Africa (Velasquez et al., 2015). Flunitrazepam is usually a white round pill with the manufacturer’s name, Roche engraved on it (Velasquez et al., 2015). This drug is illegal in the United States. This is a popular drug at college parties and is more powerful than diazepam (Velasquez et al., 2015). Ingesting this substance can cause a person to do activities out of the ordinary (Velasquez et al., 2015). Flunitrazepam can also cause anterograde amnesia and can produce similar effects as the so-called alcoholic blackout (Velasquez et al., 2015). Flunitrazepam can sell from fifty cents to five dollars per tablet. Flunitrazepam is also called Rophie, Forget Me Pill, and R-2 (Velasquez et al., 2015). They are tasteless, odorless and colorless substances cant cannot be identified in drinks.
• Most victims are viewed as sex objects whose main function is it cures sexual desires of their offenders (Bernard et al., 2015). Most rapists do not care how the victim feels or how the victims perceive them (Bernard et al., 2015). Drug-induced rape causes amnesia and anxiety (Velasquez et al., 2015). This makes the victim incapable of producing clear physical evidence which is problematic for law enforcement (Holmstrom, 2017). In other cases, legal sedatives are used which do not point to the motive of a crime (Velasquez et al., 2015). The society on the hand is quick to point fingers at date rape victims citing precipitation and facilitation (Gurnham, 2016). Victims are forced to nurse rape traumatic syndromes and some even suicide (Velasquez et al., 2015).
Date rape prosecution is not a wild goose chase. Where the victim (Maureen) can prove lack of consent and tender probable evidence, then we should proceed to prosecute. Evidence can be obtained from medical records and potential victims. In summary, victims are urged to come forward and get help not only for them but for the society as a whole. Getting justice from the courts of law is possible.
References
Bernard, P., Loughnan, S., Marchal, C., Godart, A., & Klein, O. (2015). The exonerating effect of sexual objectification: Sexual objectification decreases rapist blame in a stranger rape context. Sex Roles , 72 (11-12), 499-508.
Gurnham, D. (2016). Victim-blame as a symptom of rape myth acceptance? Another look at how young people in England understand sexual consent. Legal Studies , 36 (2), 258-278.
Holmstrom, L. L. (2017). The victim of rape . Routledge.
Kalsbeek, W. D., & House, C. C. (2014). Estimating the incidence of rape and sexual assault . C. Kruttschnitt (Ed.). Washington DC: National Academies Press.
Velasquez, M., Andre, C., Shanks, T., & Meyer, M. J. (2015). Justice and fairness. Retrieved on . August 13, 2018. at
