Usually when one thinks of rape, a scene of a severely beaten woman left to die in a dark alleyway pops up in one s imagination. Rape is stereotypically scene as a woman being sexually assaulted and beaten by a stranger while she is walking down the street, walking to her car, or even sleeping in her own home. The image of rape in this society tells us that rape is only rape when a woman has been attacked by someone whom she does not know, such as a stranger jumping out of from the bushes, or a robber who has entered a woman s home. Even references such as Webster s New World Dictionary, define rape in a similar manner, stating that rape is, “the crime of having sexual intercourse, usually forcibly, with a person who has not consented.”
Because of these stereotypes, the issue of date rape, and what to do about it, has become a very debated issue. Date rape can be best defined as, “Non aggravated sexual assault, nonconsexual sex, that does not involve physical injury or the explicit threat of physical injury,” (Pinneau, p. 340). Unlike the conventional definition of rape, in date rape the woman is usually not physically injured, and “about 60% of the victims of date rape know their assailants,” (Hughes & Sandler). Considering these two factors, date rape cases are usually overlooked when taken to trial, since there is no physical evidence such as bruises or signs of a struggle. It is also very difficult for the victim to prove that her consent was not given, and thus the case becomes victim s word versus her attackers, a very difficult case to prove. It is due to these circumstances that regulations against date rape should be rectified, since many women who have been date raped have not received any justice.
What also makes date rape so controversial is the fact that there are many underlying issues that go along with the topic. The first that must be understood are the issues of miscommunication and consent. In the definitions of both date rape and rape, consent to the sexual activity is not mutual. However, in the case of rape, signs of physical abuse are present, clearly expressing the lack of consent. Meanwhile in date rape, where no abuse has taken place, there is no physical evidence that consent was not given by the victim. In this fashion, it is difficult to prove a rapist guilty since there are no signs of unwillingness. Many times a date rape victim s rapist is found not guilty because a jury can not prove that the victim did not give consent. Also, men can also misinterpret a woman s seductive clothing, or friendliness as signs of consent.
Another issue to consider when discussing date rape is the issue of sex role attitudes. Most women are raised to believe that being sexually promiscuous is wrong, and that saying yes to sexual relations can make a woman a whore. It is under these characteristics that lead some rapists to believe that when a woman “says no,” she should not be taken seriously. In the rapist s eyes, “saying no” really means “yes” or even “maybe” since traditionally a women who openly says “yes” to sex, is considered promiscuous. Date rape can also occur because men can sometimes misinterpret a woman s struggle against the sexual relations as a sign of wanting “rough sex”, rather than as a sign of unwillingness. As Paglia states in her article, “Date Rape: Another Perspective”, “Part of the sizzle of sex is the danger”. Taking these aspects into consideration, it is easy to understand why so many date rape cases are not taken seriously, which is why new regulations banning date rape must be considered.
In this country, every person has a basic right to bodily integrity. Both men and women have this right which simply states that a persons body must be respected as their own, and they ultimately have the right to decide what happens to their body. In the case of date rape, when a woman is forced to have sex against her will, even if she knows her assailant, her right to bodily integrity has been ignored. When the unwanted sexual relations occur, the woman has lost one of her basic rights, while the rapist ultimately loses nothing. Since the right to bodily integrity is universalizable, it is not wrong to say that date rape is wrong, since it takes away this right. Thus, date rape should be put under heavier regulations or even outlawed.
Women are also entitled to have reproductive rights. These rights state that a woman is ultimately responsible for choosing when and how to have a baby (or have sexual relations), and when a woman is date raped, once again her rights have been lost, while the rapist has suffered no loss of rights. Banning date rape ensures that both parties, the victim and the rapist, can live their lives as means rather than as an end, since outlawing date rape would ensure that both parties do not lose their rights.
When taking a closer look at the parties involved in date rape, one can ultimately see that overall utility can be found in society, if date rape legislation was stricter. The rapist gains the “pleasure” of the sexual activity and the rush of being in control while the victim gains no positive attributes. In date rape, the victim suffers a great deal more than the rapist does. If date rape occurs, the victim can undergo serious trauma that may affect her for the rest of her life. Depression, anxiety, and the risk of having an unwanted child, are all consequences of date rape for the victim. Not outlawing date rape can mean that the rapist is free to rape again and the victim gets no justice for a crime that was committed against her. Although some may argue that regulating date rape takes the passion out of sex, regulating date rape ensures that both parties are having consensual sex. Considering these factors, the obvious thing to do to create an overall sense of utility in our society would be to ensure that date rape was outlawed. In this sense the victim is protected, further potential victims are protected, and rapists, or criminals will serve a punishment for the crimes they have committed instead of going free.
Understanding why date rape regulations should become more severe can also be easily seen if one imagines that one s family member or close friend has been the victim of date rape. From this point of view, one can easily side with the victim and would fight that the date rape regulations be tightened. No caring human being would allow their family member or friend to be date raped, and have the rapist suffer no, or little consequences. A caring individual would understand that being a date rapist is also unacceptable. Being a caring individual means that a person must be aware of what others would want one to do, and date rape is not a projection of this statement. Date rapists only think of their self-benefit, and not another, which is another reason why the date rape regulations should be strengthened.
Another reason why date rape should be outlawed is due to the fact that humans owe it to society as a whole to be good citizens. Allowing date rape to happen without any consequences sends the wrong message out into society. If everyone is allowed to date rape, then society would be a place where women would fear going on dates, and men would have more freedom to take advantage of women, since society does not put any consequences on the rapists. Overall if date rape was not outlawed, we would not be living in a virtuous society, but rather a society where even good friends can be allowed to take advantage of their friendships and rape women. Not doing anything to provide stronger regulations against date rape would mean that we have failed to function as a virtuous society, where people are expected to do the “right thing.”
314