More Menu

Sexual Violence

byPosted at
It is challenging for women to come out and talk about sexual abuse, let alone report it, as it is a potent tool that is inextricably related to the idea of honour/izzat. Women's sexuality is not only restricted because they are expected to carry the family honour, as was mentioned in earlier blogs, but any transgression of that honour is also suppressed and covered up.

Content

  1. Introduction
  2. Linking violence against women to sexual violence
  3. Theories of Rape
  4. Important concepts of sexual violence
    1. Sexual violence as a tool in war
    2. Sexual violence as a corrective measure
    3. Consent
    4. Context of sexual violence
  5. Skills of working with survivors of sexual violence
  6. Summary

Introduction

In recent years, sexual assault has come to light as a serious infringement of women's rights. Since the 16th of December 2012, when a group of women were gang-raped in Delhi, sexual assault in public places has come to be recognised as a severe threat to women's safety, and advocacy efforts to defend women's rights have gotten stronger. Sexual violence covers not only sexual assault but also other types of violence such as child sexual abuse, workplace sexual harassment, and sexual violence in intimate or marital relationships. Because sexual violence is so closely related to the idea of "honour," it is taboo to discuss it and to report occurrences of it. When dealing with situations of sexual violence, interventionists must focus on eradicating the stigma associated with it as well as addressing the effects on mental and physical health because honour is a key idea.

Learning outcomes:

  • Building conceptual clarity on the issue of sexual violence 
  • Introduce basic skills while dealing with cases of sexual violence

Linking violence against women to sexual violence

 Sexual violence is a result of the gender inequality that already exists, and like domestic violence, it is a tool employed in heteronormative societies to maintain control over "deviants," or people who reject the gender norms that are expected of them. It is challenging for women to come out and talk about sexual abuse, let alone report it, as it is a potent tool that is inextricably related to the idea of honour/izzat. As was demonstrated in earlier modules, women are expected to uphold family honour, and as a result, their sexuality is not only restricted but also suppressed and hidden whenever there is an honour violation.

Theories of Rape

Commodification theory:  Rape has been compared by theorists to theft because sex is the commodity being stolen by the rapist. According to K. Baker, the more sex is objectified and made into a commodity, the simpler it is for young people to talk about sex. "Sex is deliberately being made into a commodity. Even though prostitution is illegal in all but one state, men can readily purchase sex. Men can also buy peep shows tickets and pornographic media. It's possible that the reasons why many rapists commit their crimes are not all that dissimilar from the reasons why men visit prostitutes or buy tickets to peep shows. All of these behaviours together referred to as "sex" don't call for shared pleasure or emotional closeness. Men can therefore enjoy sex without having to deal with the difficulties of intimate sexual communication. She contends that although males are aware that having sex without consent is wrong, many of them do not view it negatively due to the widespread commodification of sex.

Developmental theory: According to Malamuth et al., learning-related developmental events—rather than hereditary variation—are the cause of men's propensity for rape.  According to their assessments, "rapists come from hard developmental backgrounds with impersonal and fleeting social ties, and backgrounds where manipulation, compulsion, and violence are appropriate ways of conducting social relationships.
Rape as a gender based hate crime:  According to this theory, rape is an act of disdain for women and a product of gender inequality. It has been shown that premeditated acts are common in intimate relationship sexual assault situations. When a stranger has committed a sexual assault, it is common to witness the victim's genitalia being cut or being called insulting terms like "bitch" or "slut." Rape and other sexual assaults are acts that show disdain towards women. 

Control theory: Instead of focusing on rape as a sexuality issue, this theory emphasises control difficulties. The theory proposes shifting the emphasis from sex versus violence to control. It implies sexual compulsion based on whether the lady freely consented to the action rather than if she was a victim of violence. The theory also discusses a crucial element of "fear of rape." It contends that fear of being sexually assaulted also exercises control. Women's control of movement is restricted by fear and cultural restrictions, depriving them of their rights.

Important concepts of sexual violence

Sexual violence as a tool in war

One of the most popular tactics utilised during conflict or battle, regardless of period, religion, or location, is the sexual assault of women. Women's bodies have been molested since the mediaeval times since it was thought to be the quickest method to discredit or dishonour the community. The inherent patriarchal belief that males are the "protectors" and women are weak and unable to care for themselves on their own is another factor. Conflict-related sexual assault is frequently referred to as a "weapon of war". Rape, indecent assault, sexual slavery, forced marriage, forced pregnancy, and sexual mutilation are just a few of the crimes that fall under this category.

Sexual violence as a corrective measure

As discussed above, rape/ sexual violence is used as an instrument to keep the deviants in control. Any individual who has deviated from

Consent

The idea of consent is inextricably related to sexual violence. Although it is the foundation of any relationship, whether personal or not, consent is typically discussed in relation to sex and sexual violence. Consent is viewed as a given in a cultural context. Simply because of the nature of the connection, some actions are assumed. For instance, even among friends, pulling a notebook or a pen out of a bag without permission is not something that should be taken for granted. Even if the repercussions in this instance are short-lived, in intimate relationships, any intimate gesture or act need the approval of both partners.

Consent becomes very crucial while dealing with cases of sexual assault/ rape. As seen in the figure above, consent has an expiry date as it is not continuous.

"The law, speaking generally, defines rape as intercourse with force or coercion and without consent...In a critique of male supremacy, the elements 'with force and without consent' appear redundant. Force is present because consent is absent... 
"The law of rape presents consent as free exercise of sexual choice under conditions of equality of power without exposing the underlying structure of constraint and disparity...
"The law of rape divides women into spheres of consent according to indices or relationship to men. Which category of presumed consent a woman is in depends upon who she is relative to a man who wants her, not what she says or does...The paradigm categories are the virginal daughter and other young girls, with whom all sex is proscribed, and the whorelike wives and prostitutes, with whom no sex is proscribed. Daughters may not consent; wives and prostitutes are assumed to, and cannot but. Actual consent or non-consent, far less actual desire, is comparatively irrelevant. If rape laws existed to enforce women's control over access to their sexuality, as the consent defense implies, no would mean no, marital rape would not be a widespread exception, and it would not be effectively legal to rape a prostitute... 
"Rape, like many other crimes, requires that the accused possess a criminal mind for his acts to be criminal. The man's mental state refers to what he actually understood at the time or to what a reasonable man should have understood under the circumstances. The problem is that the injury of rape lies in the meaning of the act to its victim, but the standard for its criminality lies in the meaning of the act to the assailant. This means that the man's perceptions of the woman's desires determine whether she is deemed violated."  
-Catharine MacKinnon, Rape: On Coercion and Consent, Toward a Feminist Theory of the State, 1989 (171-183).
She makes a compelling case that when talking about consent, it is frequently important to include both the identity of the survivor and their relationship to the perpetrator. Thus, it's crucial to realise that context plays a significant role when talking about sexual violence.

Context of sexual violence

“Rape occurs in several different contexts, under many different guises, and it is the context that seems to shape our thinking about whether the act was in fact a rape. At one end, when a male stranger attacks and rapes a woman on the street, we understand this to be rape. We understand the violation, we want vengeance, we consider the rapist to be a criminal. But if there is any relationship between the rapist and the victim, our focus shifts from the criminal violation that has occurred to an examination of the details of the story, and ultimately, the credibility of the victim. Our focus on context takes attention away from the profundity of the act of rape. It divides us over issues of consent and thus prevents us from addressing the more fundamental and important questions necessary to consider in any effort to stop rape.”

Source: https://cyber.harvard.edu/vaw00/module4.html#introduction 

The text above touches on a crucial context issue. Without consent, it is simple to label an act as sexual violence, but when the act is considered in its larger context, the situation is frequently more complicated. Despite the lack of permission, as was already established, the relationship between the victim and the abuser usually determines whether the violence was justified. Because of this, it can be challenging for a sex worker who is in a relationship with a male in order to receive payment to report sexual assault. Contrary to common assumption, marriage does not automatically lead to sexual activity. Many mainstream films portray any kind of intimate connection, especially a marriage, as being similar to any kind of sexual activity. Due to this, despite the Justice Verma Committee Report from 2013 calling for the criminalization of marital rape, our nation has not done so.

Skills of working with survivors of sexual violence

There are specific ideas and skills that should be used in addition to the fundamentals of working with survivors of domestic abuse when working with survivors of sexual assault.
    1. Do no harm is one of the key guiding principles while addressing sexual assault cases. Because sexual violence carries a stigma, it's crucial to remember that the intervention shouldn't have any negative effects, and extra care should be taken to prevent or minimise them. As was said earlier, victim blaming is a typical response in sexual assault situations. You were out so late, why? Why were you in a remote location? What did you have on? These inquiries ought to be avoided, and the interventionist ought to make sure the survivor doesn't place the guilt on herself.
    2. The interventionist working with sexual assault survivors should refrain from patronising verbal or nonverbal cues.
    3. All instances of sexual assault should be handled in confidence and secrecy.
    4. Techniques for interviewing people should be age-appropriate. For instance, art therapy is effective for children who have experienced sexual abuse. Adults may not be able to use the same method.
    5. The interventionist must exercise extreme caution to avoid re-traumatization. The sexual assault episode(s) or episodes can leave lasting scars, so it's crucial that the survivor not be forced to recount the sexual assault incident(s). 
    6. The interventionist must thoroughly record the assault to prevent re-traumatization. Additionally, it will be helpful if the victim decides to file a lawsuit against the offender.

    Summary

    Sexual violence is a challenging topic to handle because of how society views and values concepts of honour. In addition to making it difficult for survivors to disclose, the stigma associated with it also makes it impossible for them to continue living in society with dignity. Therefore, it is crucial for interventionists to avoid placing blame on the victim and to comprehend the survivor's social conditions so that they can handle her problems holistically. The State primarily provides financial rehabilitation to sexual assault survivors; however, interventionists must also address other facets of her life, including as education, employment, and social assistance. Interventionists must address any instances of sexual violence within marriage and the family, even if sexual assault in marital relationships is not yet regarded as a crime in India. Because it is stigmatised, women frequently take sexual violence in intimate relationships for granted, which results in it going undetected.

    The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act of 2013 also addresses sexual harassment at the workplace. The fact that this Act even recognises gestures and comments made with sexual intent is a noteworthy aspect of it. As a result of the Justice Verma Committee's work, the Criminal Law Amendment Act of 2013 made voyeurism and stalking illegal. These legal modifications serve as evidence that the State is working to protect women's rights. Consent is a factor that must be considered when dealing with any form of sexual violence. If a sexual act was carried out without the victim's consent, it was sexual violence.

    Reference

    1. Catharine MacKinnon, Rape: On Coercion and Consent, Toward a Femininst Theory of the State, 1989 (171-183) 
    2. https://cyber.harvard.edu/vaw00/module4.html#introduction, seen on: 24th January, 2017 seen at: 11:00 PM 
    3. http://library.owu.edu/c.php?g=464329&p=3207150, seen on: 24th January, 2017 seen at: 11:00 PM 
    4. Module 3, Preliminary Considerations, International Protocol, Institute for International Crime Investigations, 2015 (available at: https://www.gov.uk/government/uploads/.../PSVI_- Preliminary_Considerations.ppt) 
    5.  Callamard, 1999, Documenting Human Rights violations by State agentssexual violence, Amnesty International, pp 1-15
    Post a Comment
    Tag,

    Comments

    Thank You