Sexual assault

“ SEXUAL ASSAULT WITH AN OBJECT- The term `sexual assault with an object' means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person. ”

“ Sexual assault can lead to long-term health problems including chronic pain, stomach problems, and sexually transmitted diseases. It can also cause severe emotional harm that may be even more painful than the assault itself and resulting physical injuries. ”

“ The effects of sexual assault go well beyond the direct victim: sexual assault also has a profound impact on a victim's family, friends, neighbors, and workplace. Victims need an array of services to heal from the trauma of sexual assault, including crisis intervention, 24-hour sexual assault hotlines, medical and criminal justice accompaniment, advocacy, and counseling. Victim service providers are essential to this effort and work tirelessly to help victims cope with the trauma of sexual assault and transition from "victim" to "survivor." ”

“ Sexual assault scars the lives of millions in the United States. To increase awareness about this issue, prevent future crimes, and aid victims, this month we mark National Sexual Assault Awareness Month. Sexual assault is pervasive in the United States. Study after study has shown that this crime impacts people at all age levels and in every part of this Nation. ”

“ One recent study found that 18 percent of women in this country have been raped in their lifetime. In addition, rates of sexual assault remain startlingly high for students from high school to college. A 2005 survey of high school students found that 10.8 percent of girls and 4.2 percent of boys from grades nine to twelve were forced to have sexual intercourse at some time in their lives. A study of college women found that 13.7 percent of undergraduate women had been victims of at least one completed sexual assault since entering college. ”

“ The substitution for Schedule 1 of the following Schedule:
“Schedule 1
(Sections 40 and 42)
Treason.
Sedition.
Public violence.
Murder.
Culpable homicide.
Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
[Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5. 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. ”

“ The increase of sexual offences during recent years and the disgust felt by all normally disposed people when contemplating cases of sexual perversion and assault upon young children have created a strong public opinion in favour of dealing with these offences as radically as circumstances will permit. ”

“ For purposes of this rule, "offense of sexual assault" means an offense punishable under the Uniform Code of Military Justice, or a crime under Federal law or the law of a State that involved-
(1) any sexual act or sexual contact, without consent, proscribed by the Uniform Code of Military Justice, Federal law, or the law of a State;
(2) contact, without consent of the victim, between any part of the accused's body, or an object held or controlled by the accused, and the genitals or anus of another person ”

“ According to national police criminal statistics, there were 7,511 cases of rape or serious sexual coercion in 2007. The federal government supported numerous projects in conjunction with the states and NGOs to deal with violence against women, both to prevent violence and to give victims greater access to medical care and legal assistance.
The law prohibits violence against women, including spousal abuse; the law may temporarily deny perpetrators access to the household, put them under a restraining order, or in severe cases prosecute them for assault or rape and require them to pay damages. ”

“ The term military sexual trauma means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.. ”

“ The patent answer to this suggestion is that the proof still does not show the possibility of an assault with intent to rape; for one can intend to commit rape only if he intends to have sexual intercourse with his victim. ”

“ B. Rape and Indecent Assault upon Adults.
In his work, “Genèse normale du crime”, Professor Manouvrier expresses himself as follows upon the crime of rape. “Every normally constituted man would be a born violator if the sexual appetite could find no other means of satisfaction than rape. The crime is rare, however, and we know why; there are women for the ugliest and the poorest. However, famine may come; there is also opportunity, and many devils capable of leading into temptation the brute that every man is at his birth. ”

“ But the fallacy of drawing general conclusions from this fact is shown by the additional fact that in idiots and imbeciles premature awakening of the sexual life is also of common occurrence. In cases such as were formerly described as moral insanity, but which in Germany to-day are classed with imbecility, sexual assaults on others are very common at an early age. ”

“ Recognising, with grave concern, that women and girls are often exposed to serious forms of violence such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called “honour” and genital mutilation, which constitute a serious violation of the human rights of women and girls and a major obstacle to the achievement of equality between women and men ”

“ I have been told by such that it is not at all uncommon in cases of rape or sexual excess to find that the criminal, when satiated by lust, attempts to murder or mutilate his victim. This is presumably the explanation—if one can talk of explanation—of outrages which would otherwise be incredible. The Committee hint darkly at perverted sexual instinct. Cases of sodomy and of the rape of little children did undoubtedly occur on a very large scale. Some of the worst things have never been published. ”

“ By violation of sexually immature individuals, the jurist understands all the possible immoral acts with persons under fourteen years of age that are not comprehended in the term rape. The term violation, in the legal sense of the word, comprehends the most horrible perversions and acts, which are possible only to a man who is controlled by lust and morally weak, and, as is usually the case, lacking in sexual power. ”

“ Every case of rape [Pg 147] has to be judged on its own merits. In any case, the medical jurist has simply to state, from the examination of the parties, that sexual intercourse has taken place, leaving the jury to decide whether a rape or not has been perpetrated. A case is mentioned by Casper where a healthy, strong adult of twenty-five years old was violated by a single man. ”

“ If our judges and juries had a little more knowledge of human psychology and a little less of the Code in their heads, they would have had some doubts on the mental integrity of the accused, and would have ordered an expert examination by a mental specialist. But, apart from this point, I put the question—can we expect from a woman, maternal sentiments for a child resulting from sexual surprise bordering on rape? ”

“ This is the manner in which society has made the way easy for woman's sexual error. Reflecting upon this, I confess to admiration for a sex which in the face of these difficulties has ever maintained such a well-deserved reputation for purity, and shown us that mankind turns instinctively to good rather than evil. Punishment is part of the crime, with society. To women for a sexual offense it measures out a punishment relentless and life-long. ”

“ Calls on all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict ”

“ On appeal, Herren argues that this evidence was improperly excluded.
The crime of rape encompasses sexual intercourse or deviate sexual activity with a person who is incapable of consent because she is physically helpless or mentally incapacitated. ”

“ Much has been heard of late respecting criminal immorality—i.e., the abuse of the sexual powers, which human law recognises as crime. The boundary of criminal immorality has of late been extended in the hope of protecting young girls. When fathers and mothers begin to realize what the destruction of their children by lust really means, natural horror is felt at the corruption or torture of young children of either sex, and a storm of righteous indignation compels an attempt to provide a remedy. ”

“ Subject to the qualifications which will be expressed later in this judgment regarding the retrospectivity of the orders of constitutional invalidity, neither the coherence of the common law, nor judicial policy, requires the continued existence of a severely truncated form of the common-law offence. Acts of male rape still constitute crimes at common law, whether in the form of indecent assault or assault with intent to do grievous bodily harm. These are the criminal forms by means of which anal intercourse with a woman, without her consent, is punished. ”

“ Counsel submitted that, since gross indecency charges were time-barred, the police acted unfairly when they charged the appellants with offences under the 1861 Act. But there was no reason for the police to refrain from pursuing the charges under the 1861 Act merely because other charges could not be pursued. Indecency charges are connected with sex. Charges under the 1861 Act are concerned with violence. The violence of sadists and the degradation of their victims have sexual motivations but sex is no excuse for violence. ”

“ Any person subject to this chapter who commits an act of sexual intercourse by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct. ”

“ A boy of chivalrous feeling, whose blood would boil at any other form of outrage on a girl, will read a newspaper account of rape or indecent assault with a pleasure so intense that indignation and disgust are quite crowded out of his mind.
If, repelled by the coarseness of the streets, the young man allows lust or passion to lead him into seduction, he commits a crime the consequences of which are usually cruel in the extreme; for in most cases the seduced girl sinks of necessity into prostitution. ”

“ There are other facts to be reached in this direction showing the extent to which women's criminal acts are affected by sexual peculiarities. In the two great divisions of crime, that against persons and that against property, we find that the sexes are engaged in almost a constant ratio. ”

“ Children, too, are often the victims of other sexual acts, such as rape, which in a few instances only can be included in the category of sadism. In some cases force is employed only because the victim resists the act of violation, and here there is no question of sadism; but the rape is sadistic when the use of force is per se a sexual stimulus. ”

“ It is difficult to believe that in these and similar cases the community would inflict such severe punishment for sexual offences if it did not believe that its own safety, and not merely the interest of a few individuals, was imperilled thereby. ”

“ The crime of rape presumes a temporary, powerful excitation of sexual desire, induced by excess in alcohol, or by some other condition. It is highly improbable that a man morally intact would commit this most brutal crime. ”

“ Having regard to the evidence before the Committee that many boys have been tempted and encouraged into sexual crime by the indecent conduct of girls themselves, in picture theatres and elsewhere, the time has arrived when boys should be protected by letting the girls know that they too commit an offence when they act towards boys in an indecent manner. ”

“ Rape; that is, sexual relations involving the use of physical force, or a threat, or taking advantage of the helpless state of the injured party—
shall be punishable by deprivation of freedom for a period of from three to seven years. Rape when accompanied by the threat of murder, or the infliction of serious bodily injury, or when committed by a group of persons, or by a person who hes previously committed rape—
shall be punishable by deprivation of freedom for a period of from five to ten years. ”

“ As the mental weakness increases, such patients become criminal by reason of exhibition, masturbation in the streets, and attempts at immoral acts with children.
If conditions of mental excitement come on, attempts at rape are committed, or, at least, grossly immoral acts,—the patient attacks women on the street, appears in public in very imperfect dress; or, half-clothed, tries to force his way into strange houses, to cohabit with the wife of an acquaintance, or to marry the daughter on the spot. ”

“ Because domestic violence usually takes place in private, many Americans may not realize how widespread it is. According to the National Violence Against Women Survey, conducted jointly by the Centers for Disease Control and Prevention and the National Institute of Justice, each year in the United States approximately 1.5 million women are raped and/or physically assaulted by their current or former husbands, partners, or boyfriends. ”

“ But corporal punishment entails other dangers, in addition to the risk of the origination or the awakening of a sexual perversion. Certain children, having experienced sexual stimulation as a result of such punishment, will endeavour to secure its repetition. I have known cases in which sexual perverts have deliberately misconducted themselves in school, in order to be punished, and thus to enjoy voluptuous sensations. ”