What is rape? Elements of rape and application of the criminal label

Abstract

Objectives

Test how incident-level factors affect perceptions of rape.

Methods

An experimental vignette design was embedded in an online survey administered to a national sample of adults (N = 1205) to examine how type of penetration, location of penetration, type of resistance, and victim intoxication affect perceptions of criminal incidents of sexual violence. Multivariate logistic regression models examined the relationship between incident-related factors and (1) the belief that the scenario was a crime, (2) the belief it was an act of rape, and (3) whether “rape” is the preferred term to label the scenario and net of individual attitudinal and demographic variables.

Results

Scenarios involving tonic immobility (i.e., victim was unable to speak or move) were less likely to be perceived as a crime compared to those where the victim was asleep, verbally resisted, and physically resisted. Additionally, scenarios involving oral penetration (compared to vaginal penetration) were less likely to be labeled “rape” or have “rape” as the preferred term to label the incident, and penetration by fingers or an object was less likely to be labeled “rape” or to have “rape” as the preferred label compared to penetration with a penis. Finally, tonic immobility reduced the likelihood participants labeled the act “rape” or preferred the label “rape” compared to scenarios where the victim was asleep, physically resisted, and verbally resisted. Whether or not the victim was intoxicated did not appear to influence the outcomes under study.

Conclusions

Public opinions regarding “rape” do not align with the current federal definition; educational efforts are needed to provide a comprehensive understanding of sexual violence.