Rape Statistics
According
to the Federal Bureau of Investigation and it’s reporting of crime within the
state of Massachusetts, out of a state total population of 6,587,536 people
that were covered, 1,628 of the crimes reported were forcible rape (The, 2011).
Massachusetts Statutes of Limitations
According
to the Rape, Abuse & Incest National Network (RAINN), in the state of
Massachusetts the statutes of limitations section includes statutes for sexual
offenses, time limitation for prosecution and DNA exception.
The
statutes for sexual offenses include wanton or reckless behavior creating a
risk of bodily injury or sexual abuse to a child, rape, rape of a child, statutes
including rape of a child with different details such as use of force, rape by previously
convicted offenders, a combination of rape and abuse and the age difference
between the child and the offender. Sexual offense statutes also include
assault with intent to commit rape, assault of a child with the intent to
commit rape, prostitution/sexual behavior, drugging people for intercourse, inducing
a person under the age of 18 into having intercourse, owner of place inducing
or suffering person to resort in such place for sexual intercourse. Also included
are statutes for open and gross lewdness and lascivious behavior, incestuous marriage
or sexual activities, crime against nature, unnatural or lascivious acts, and
such acts with a child under 16 (Rape, 2009).
Moreover,
the time limitations for the prosecution of specific sexual offenses are
explained more in depth under the section. For those statutes including wanton
or reckless behavior creating a risk of bodily injury or sexual abuse to a
child, any sort of rape of a child, any sort of rape and abuse to a child and
assault on a child under 16 years of age with intent to commit rape, explained
more in depth within the section, have no time limit. For such offenses as rape
and assault with intent to commit rape, the offender may be prosecuted within
15 years after commission of the offense. For incest, offenders may be
prosecuted within 10 years after commission of the offense. For certain
offenses if the victim is under the age of 16 at the time of commission of the
offense, the period of limitation will not begin until victim reaches the age
of 16 or the violation is reported to a law enforcement agency, whichever should
occur first; these are explained more in depth in such section. Finally, in the
state of Massachusetts there is no specified DNA exception (Rape, 2009).
What is Rape?
According to Clark University >>Dean of Students >> A Definition of Rape, Sexual Assault and Related Terms, rape is a legal term that is defined by 3 elements in Massachusetts.
These elements include penetration of any orifice by any object, force or
threat of force or sexual contact against the will of the victim. “Consent
cannot be given (legally) if a person is impaired, intoxicated, drugged,
underage, mentally challenged, unconscious, or asleep" (Clark, 2013).
Massachusetts Rape Laws
According to the Massachusetts Trial Court Law Libraries >> Laws by Subject>> Mass. Law About >> Rape and Sexual Assault, the laws in
Massachusetts regarding rape include general rape, drugging the victim, rape of
a child with and without force and other specialized categories.
Under the
section rape generally, such cases in which there was a” lack of consent due to
intoxication” (Massachusetts, 2012) , the prosecution must prove that the intoxication was enough to cause
the victim incapable of consent and that the offender knew or should have known
that the victim was incapable of consent given the situation. In such cases
where there is evidence that the offender suffered mental impairment, the
prosecution must not only prove that the offender should have known that the
victim was incapable of consent “but the offender is also entitled to have the
jury instructed that they may consider credible evidence of his mental
incapacity, by intoxication or otherwise” (Massachusetts, 2012). Also stated is that “intercourse in
which consent is achieved by fraud does not constitute rape” (Massachusetts, 2012). Under the section
drugging the victim, it is explained that making drugs and/or alcohol available
to the victim is not enough to be convicted under drugging for sexual
intercourse (Massachusetts, 2012).
Under the
section rape of a child without force, there are laws for cases with such a
child under 14, child under 16 and child under 18; all explained more in depth
without the section. On the other hand under the section rape of a child with
force, there are only laws for cases with such a child under 16. The other
specialized categories section includes laws for elderly or disabled person and
mentally retarded person (Massachusetts, 2012).
Rape Case in Massachusetts
According to Foxnews.com, Massachusetts babysitter John Burbine, 49, “faces 40 counts of aggravated rape of a child by force, 18 counts of
indecent assault and battery on a child under 14 years old, 13 counts of posing
a child in a state of nudity, 14 counts of possession of child pornography and
two counts of dissemination of child pornography. He also faces one charge of
operating a daycare without a license” (Fox, 2012). According to authorities, Burbine raped
and sexually abused 13 children, ranging from the ages of 8 days to 3 years old.
At the time the news article was written he had pleaded not guilty to 100
charges. Burbine was held 90 days without bail. After these 90 days his bail
will be set at one million. He and his wife “advertised day care and tutoring
services on parenting and coupon service websites” (Fox, 2012). He was scheduled to appear
in court January 15, 2013 (Fox, 2012).
Media Portrayal
Below are two videos that have been created concerning rape and sexual assault. These videos have been created to spread awareness of the problem.
This video was made in order to spread awareness to the public of how the media portrays rape in our culture. I feel that this video very accurately represents how media skews the image of what rape is and how it is skewed in some sort of joking matter. As the video says, "change media, change society. Stop Rape.
This video was made in order to show how certain situations may be thought of differently by the victim and the offender. The offender may believe that the victim wants it when in reality they do not. I feel that this video also very accurately represents the idea of rape in our society. This misconception and misunderstanding between victim and offender is "common" in the crime of rape in our society and so is another problem mentioned in the video; blaming the victim.
References
Clark
University. (2013). Dean of Students: A Definition of Rape, Sexual Assault, and
Related Terms. Retrieved from http://www.clarku.edu/offices/dos/survivorguide/definition.cfm
Fox News.
(2012). Massachusetts babysitter accused of raping 13 children pleads not
guilty to 100 charges. Retrieved from http://www.foxnews.com/us/2012/12/12/massachusetts-babysitter-accused-raping-13-children-pleads-not-guilty-to-100/
Massachusetts
Trial Court Law Libraries. (2012). Massachusetts Law About Rape and Sexual
Assault. Retrieved from http://www.lawlib.state.ma.us/subject/about/rape.html
Rape, Abuse,
& Incest National Network. (2009). Statutes of Limitations: Massachusetts.
Retrieved from http://rainn.org/public-policy/legal-resources/massachusetts/statutes-of-limitations
The Federal
Bureau of Investigation. (2011). Crime in the United States 2011. Retrieved
from http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/table-5
