History of rape
The concept of
rape, both as an
abduction and in the
sexual sense, makes its first appearance in early
religious texts. In
Greek mythology, for example, the rape of women, as exemplified by the rape of
Europa, and male rape, found in the myth of
Laius and
Chrysippus, were mentioned. Different values were ascribed to the two actions. The rape of
Europa by
Zeus is represented as an abduction followed by consensual lovemaking, similar perhaps to the rape of
Ganymede by Zeus, and went unpunished. The rape of Chrysippus by Laius, however, is represented in darker terms, and was known in
antiquity as "the crime of Laius", a term which came to be applied to all male rape. It was seen as an example of
hubris in the original sense of the word, i.e.
violent outrage, and its punishment was so severe that it destroyed not only Laius himself, but also his son,
Oedipus.
In antiquity and until the late
Middle Ages, rape was seen in most
cultures less as a crime against a particular girl or woman than against the male figure she "belonged" to. Thus, the penalty for rape was often a fine, payable to the father or the husband whose "goods" were "damaged". That position was later replaced in many cultures by the view that the woman, as well as her lord, should share the fine equally.
In some laws the woman might be married to the rapist instead of his receiving the legal penalty. This was especially prevalent in laws where the crime of rape did not include, as a necessary part, that it be against the woman's will, thus dividing the crime in the current meaning of rape, and a means for a man and woman to force their families to permit marriage.
In pagan
Rome, it was expected that an honorable woman, being raped, would like
Lucretia remove the stain on her honor by committing suicide. The failure of Christian women, having been raped in the
sack of Rome, to kill themselves was commented on by pagans with shock and horror;
St. Augustine dedicated an entire book of
The City of God to defending these women's honor and chastity. Early Christianity also maintained, as paganism did not, that slave women were entitled to chastity, and that therefore a slave woman could be raped, and honored as
martyrs slave women who resisted their masters.
In Roman law, the crime of rape was not defined by the lack of consent of the woman, but by her removal from her family; the change was described by
William Blackstone in his
Commentaries on the Laws of England:
The civil law [of Rome] punishes the crime of ravishment with death and confiscation of goods: under which it includes both the offence of forcible abduction, or taking away a woman from her friends, of which we last spoke; and also the present offence of forcibly dishonoring them; either of which, without the other, is in that law, sufficient to constitute a capital crime. Also the stealing away a woman from her parents or guardians, and debauching her, is equally penal by the emperor's edict, whether she consent or is forced: "five volentibus, five nolentibus mulieribus, tale facinus fuerit perpetratum." And this, in order to take away from women every opportunity of offending in this way; whom the Roman laws suppose never to go astray, without the seduction and arts of the other sex: and therefore, by restraining and making so highly penal the solicitations of the men, they meant to secure effectually the honor of the women...
But our English law does not entertain quite such sublime ideas of the honor of either sex, as to lay the blame of a mutual fault upon one of the transgressors only: and therefore makes it a necessary ingredient in the crime of rape, that it must be against the woman's will.
Rape, in the course of , also dates back to antiquity, ancient enough to have been mentioned in the
Bible.
The
Greek,
Persian and
Roman troops would routinely rape women and boys in the conquered towns.
Rape, as an
adjunct to warfare, was prohibited by the
military codices of
Richard II and
Henry V (
1385 and
1419 respectively). These laws formed the basis for convicting and executing rapists during the
Hundred Years' War (
1337-
1453).
Since the 1970's many changes have occurred in the perception of sexual assault due in large part to the feminist movement and its public characterization of rape as a crime of power and control rather than purely of sex. In some countries the women's liberation movement of the 1970's created the first rape crisis centers. This movement was led by the National Organization for Women (NOW) ([
1]). One of the first two rape crisis centers, the
D.C. Rape Crisis Center ([
2]), opened in 1972. It was created to promote sensitivity and understanding of rape and its effects on the victim.
Marital rape first became a crime in the
United States in the state of
South Dakota in 1975. Marital rape is not a crime at common law. In the 1980s, date or acquaintance rape first gained acknowledgment. On
July 5,
1993, marital rape became a crime in all 50 states, under at least one section of the sexual offense codes. An important part of the history of rape is the foundation of rape crisis centers, which were created to serve survivors of all forms of sexual violence during any phase of their healing process. Rape crisis centers and other community based service providers continue to grow and serve their communities by providing direct services and prevention programming.
On
September 2,
1998 the
United Nations International Criminal Tribunal for Rwanda made sexual violence a
war crime. Current topics being debated are the peripheralized victims of rape — male rape victims of both male and female rapists, female-female rape and parental-rape
incest victims, LGBT domestic violence and rape victims, marital rape victims and child sexual abuse victims. Other emerging issues are the concept of victim blame and its causes, male rape survivors, male-male rape, female sexual aggression, new theories of rape and gender, date rape drugs and their effects as well as the psychological effects of rape trauma syndrome.