Perhaps more than any other word in the English language, rape invokes negative feelings simply upon hearing the word spoken. Upon its utterance, terrible and frightening images are conjured up within a person, and seemingly anybody with a remote assemblance of compassion would feel nothing but disdain for someone who could commit or be accused of rape. However, what exactly is rape? Upon closer inspection it becomes evident that rape is a broad category of things, and the fact that an offense such as a violent forceful sexual ravaging could be considered the same as a simple misunderstanding seems unfair. They are in fact both rape. Rape is a crime of forcing someone into sexual activity, in particular sexual penetration, against his or her will, through use of physical force, threat of injury, or other duress. It is also considered rape if the victim is unable to say “no” to intercourse, due to the effects of drugs or alcohol, or is under the legal age of consent (Wikipedia). Through the examination of several cases, and different types of rape, the problems that arise due to the unfair stigma that rape brings about will be revealed, and potential solutions to the problem will be proposed.

The potential for someone to take advantage of rape is very evident, and there have been times where the “victim” is in fact preying on the “offender.” When someone accuses another person of rape, attention is immediately given, and inevitable conclusions are drawn. In fact, if someone is deemed a rapist, even if there is no legitimacy or evidence behind the claim, there is always some degree of an adverse effect, and this label sometimes causes irreversible damage to ones reputation. A perfect example of this is the incident involving Kobe Bryant at Eagle, Colorado in 2003. A wealthy and well standing celebrity and athlete Kobe Bryant has sex with a resort and spa employee. Katelyn Faber, the 19 year old “victim,” allegedly went to Kobe’s room around midnight, staying for an undetermined length of time, and leaving. Three days later the Eagle County Sheriff had a warrant out for Bryant’s arrest (allstarz). According to the victim, Bryant repeatedly ignored her requests that he stop engaging in sexual activity. “At that point I was just kind of scared, and I said “no” a few times.” The victim was then asked if she was sure if Bryant heard the verbal protests, to which she responded: “Yes, because every time I said “no” he tightened his hold around me” (allstarz). Faber was examined at a nearby hospital and injuries to her genitals were found, indicating sexual activity. All of a sudden, the poster boy of the NBA, who sells Sprite and Adidas, and is a role model to a mass of children across not only the country but the rest of the world as well, is labeled a rapist. The story hits the worldwide news, and the word spreads like wildfire, that Kobe Bryant, a distinguished man in the community, who has a lovely wife and young daughter, is in fact, a rapist. The adverse affects can be seen immediately. Bryant lost most of his endorsement deals, and when someone heard the name Kobe Bryant, they no longer thought of the games top guard, but instead images of a violent criminal come to mind. Time progressed and the case eventually goes to federal trial, and Bryant faces a potential life sentence for sexual assault. However, eventually it is revealed, that the victim had sex with another man just days before the alleged rape, and the semen that were found on the underwear of the victim at the time of her examination following the “rape,” was not that of Kobe Bryant’s, but instead another man. Eventually Bryant was found to be innocent, but the damage was already done, and is seemingly irreversible. He was showered with harsh words and the population looked upon him with disdain, all for a crime he was found innocent of. One might ask, why would someone falsely accuse another of rape, what is the benefit of doing so. Faber, the so called victim, received $20,000 from a victim relief fund during the trial, and stood ready to receive more money from Bryant himself in order for him to settle the case outside of court in order to save his reputation. So she made a good amount of money and was put in the national spot light, because she cried one word, RAPE.

Most would agree Kobe Bryant is not a rapist, and the ease with which someone could accuse another of rape is ludicrous. Whispering no during sexual intercourse is evidence enough to form a rape accusation. In no way am I claiming that all victims of rape are liars, and that they are not truly victims. Rape is a terrible crime and anybody who commits it should face the most serious charges, however, the current classification of rape is not sufficient enough. The fact that consent is needed is obviously necessary, but the grounds to which consent is received is sometimes unfair. If someone does not show obvious and legitimate signs of protest and unwillingness to participate in sexual activity, then they should not be able to accuse a partner of rape, its simply unfair.

Perhaps its more realistic to look at a case where the members involved are not celebrities, and are on the same level with most common citizens. A prime example is a case that is still currently in the news, and will undoubtedly blossom even further as time progresses, the Duke University Lacrosse team rape. According to a study brought into light for this case, 75 to 80 percent of rape cases lack DNA evidence (msnbc). Without such concrete proof how can any conclusions be drawn, let alone ones as serious and detrimental as rape. The events all transpired during a party thrown by the men’s lacrosse team at Duke University. According to the victim’s testimony, she was in a bathroom at the party and was raped by three men on the lacrosse team. The victim was a 27 year old black woman, and was an exotic dancer that was being payed to dance at the party. The primary piece of evidence to be used in the case is an audio tape of a female security guard at a grocery store making a 911 phone call. The alleged victim was first seen after the so called attack in a grocery store parking lot. The afore mentioned security guard called 911 after finding the woman, and at the time there was no mention of any rape. The victim was walking down the street and was showered with racial slurs, she then asked someone who was driving by if she could get in the car, and the driver who she did not know picked her up and took her to the grocery store, where she refused to get out of the car. There was no mention of any rape at that time, and the security guard, who was one of the first people to see her after the alleged assault had this to say. “There aint no way she was raped, aint no way, no way that happened.” The dancer later went on to identify two members of the lacrosse team with 100 percent positivity and a third with 90 percent thereof as the perpetrators of the crime (msnbc). Indictments were eventually given for two of the three, Reade Seligmann, and Collin Finnerty. However, there is extensive proof that these two sophomores did not commit any crime that night. Police found four fake fingernails in the alleged crime scene (the bathroom) and this was originally a point of emphasis to suggest a struggle did take place, however there are dated photos from before the alleged attack took place where the dancer is already missing her acrylic fingernails. Cell phone records show Seligmann calling for a taxi at 12:14 a.m. and sworn testimony claims he left the house in the taxi at 12:19 a.m. The taxi driver also gives testimony that he drove the young man home, who seemed relaxed and calm and was laughing and joking about the night he had just enjoyed. They stopped at a fast food establishment, then Duke provided records showing Seligmann’s school ID was scanned for him to enter his dorm at 12:46 a.m. all before the alleged attack occurred (foxnews). DNA tests also showed no signs of any of the accused attackers (msnbc). “I would have to say she is definitely making it up,” were attorney Mike Cotter’s words after being exposed to all of the evidence (foxnews). But again, the question is raised, why would someone falsely accuse two college students. Money is again a primary answer. For someone to attend Duke, a certain economic standing is necessary, as the costs of receiving an education there is very severe. It is a reasonable assumption that the accuser thought the young men to be from wealthy families, and this assumption was in many ways realized when their families immediately posted $400,000 bail upon their arrest (foxnews). Often times substantial financial compensation accompanies a victim, especially if an out of court settlement is reached between the victim and the culprit. Maybe she thought she was going to hit the jackpot, and who better to accuse than someone who is very wealthy. Now, these conclusions are perhaps being drawn to quickly, as the case is still up in the air, and nobody can be sure what really happened, but the evidence points severely to the fact that the stripper lied, and is trying to take advantage of a flawed legal system. The damage that these accusations bring about are crippling and can ruin even the brightest of futures. Not only did it bring about monetary detriment to the family, with the cost of bail, a defense attorney, and other expenses, but the Men’s Duke Lacrosse season was cancelled. These players have worked unbelievably hard their whole lives to compete on the grandest national stage and compete for a national championship. Duke was highly ranked and considered a team with high competitive chances of winning it all, and the dreams of an entire organization were shot down in an instant due to the proclamation of one word, RAPE. These young college sophomores will never be looked at the same way again, even if found innocent. The label of rapist is not one that is easily forgotten or overlooked, and it is tragic for such bright futures to be dimmed in such an unfair fashion.

Rape is more common than one may think. There have been several instances recently at Penn State University, and some right at home for me at Kappa Alpha Order’s fraternity house. On October 28th something happened at the fraternity that I am now a brother at, and although I was not one at the time, the issue has lingering effects and still hurts the reputation of not only Kappa Alpha, but all Greek life at Penn State and around the country. The alleged perpetrator, is a man of the utmost standing in the community and around campus. He dedicated hours upon hours to community service and has never failed to treat everyone around him with respect. That night an 18 year old college student claims to have been raped by this man at Kappa Alpha’s house. She came to the house after having been to a party elsewhere, and was already under heavy influence of alcohol. She proceeded to walk into the defendants room and witnesses saw her initiate sexual activity with him, upon seeing this the bystanders left the room. According to the victims testimony, she was passed out during all sexual activity, and remembers waking up and telling him repeatedly to stop, only to pass out again after each time (collegian). She was too drunk to move, and does not remember anything from the night, except the fact that she can remember exact quotes of what she said when she randomly woke up during sexual intercourse. The following morning she went to the hospital and reported the incident. The case is set to go to trial in the near future, and the so called rapist is in many ways a victim. He awoke to see his face on the front of the Daily Collegian under a headline containing the word rape (collegian). As he walked around campus to go to class he received cold stares from his peers who knew nothing other than what the biased article in the Collegian had spread. It was difficult for him to conjure up the strength to leave the house as he was greeted by nothing but people who were eager to judge and categorize him as a terrible person. The cost to hire an attorney in order to defend himself from the allegations will cripple him for quite sometime financially, and the murmurs and whispers can be heard all over campus about how terrible “frat guys” are, the stereotypes being formed are evident. Not only does this affect the person who committed the crime, but an entire community of people have a permanently damaged reputation. All because someone proclaimed one word, RAPE.

At the preliminary hearing, the victim took advantage of the power she has as a young female college student. She appealed to the pity of everyone in the room. She started to cry, and speak of her status as a Catholic, and the fact that she was a virgin and usually never drinks or parties (collegian). However, it was proven that she had several citations for alcohol consumption and under-ages. This shows how easy one can take advantage of the law, by using pity and appealing to the feelings of people who do not know what truly happened. However in this case, there is something to be said for the motive. There was no financial benefit, and there was little to be said for her making a name for herself, as it is relatively a low profile case. Yet in this instance, there comes to the forefront another common reason to falsely accuse someone of rape. The protection of ones reputation. The reason that it took so long for the formal charges to be filed is that the victim in fact did not even intend to pursue the trial, but when her family learned of the incident, they made her press charges, as they did not want their family name or their daughter’s reputation to be that of a sinner or improper young lady. So instead of taking responsibility for her own questionable decisions, she played the role of the victim, putting the blame for something she regrets doing onto someone else.

According to a national survey, 27.7 percent of college women report a sexual experience that fits the legal definition of rape (paralum). That number is staggering, and paired with statistics that over half of these rapes go unreported (paralum) it becomes evident that the legal definition of rape is in fact to broad, and can be taken advantage of by anyone who can send false sexual messages and utter false objections. In fact, many rapes are simple instances of lack of communication.

One may argue that in fact there is already subcategories within the distinction of rape, which is true. There are even varying penalties for these different degrees of rape. The most common form of rape is called “grey-rape” (wikipedia). This is when a victim knows the assailant at the time of attack, and over 80 percent of rape cases are examples of this (wikipedia). This type of rape is described by the victim’s lack of ability to demonstrate non-consent, although displeasure is shown at the encounter. Contributing factors include lack of communication, misleading of possibly deliberate misreading of body language or any implications, or the feeling of one party being unsure or unable to express his or her wishes (wikipedia). The standard of proof for such cases is often harder to meet than in cases where there has been violence, and convicting someone of such a crime is in fact more difficult than of a violent and random raping. Yet with all of this said, I still feel there is a problem with the current situation, and more needs to be done to change what is considered rape.

The main issue lies within the realm of consent. The afore mentioned necessity of consent is what allows many people to take advantage of the legal system using rape. I am not trying to say that consent shouldn’t be necessary, and Im not even saying that the people in the previously discussed cases did nothing wrong and shouldn’t be punished to some degree. But for these instances to be classified as rape, and for the detriment that these accusations of rape have on many innocent people is a crime in its own right. Having stated this I am not going to sit here and propose that a statute making people who falsely accuse others of rape a crime, as that would only make it harder for victims to report such tragedy, and I don’t find that to be fair. However, I think the area that is considered now as gray-rape should be classified in a completely different light with different punishments and proceedings. Its not fair for a misunderstanding to be classified under the same crime as someone who beats a victim unconscious and then has sexual intercourse with them. I also believe that what is considered legitimate consent should be altered, as many times whispering no is not enough to make it clear that you feel you are being raped. Some sort of clear message should be given in order to suggest non-consent. As for instances with alcohol and drugs being involved, this situation slightly more difficult. If any sort of drug is specifically used to take advantage of another person, I believe the full penalties should be enforced, and if a victim is beyond a certain legal limit in blood alcohol level, I believe that sexual intercourse should be considered rape. Much like the legal limit of driving, however tests should be done in order to determine this level, as where the average person is not able to physically respond or speak to give non-consent.

Rape is a touchy subject to deal with, and in no way do I mean to offend anyone or belittle the tragic effects that rape must have on a victim. I just mean to point out that there are cases where the victims are in fact the accused, and many times people take advantage of the protection this great legal system has to offer. Change is necessary, and for us to adapt as a nation to the variations of time is essential for the growth and ability of this great nation to thrive.

Wikipedia Online Encyclopedia: http://en.wikipedia.org/wiki/Rape

Allstarz Celebrity Profiles: http://allstarz.hollywood.com/kobe/trial.htm

MSNBC NewsSource: http://www.msnbc.msn.com/id/12289760

Fox News Online: http://www.foxnews.com/story/0,2933,192404,00.html

Paralumun: http://www.paralumun.com/issuesrapestats.htm

The Digital Collegian: http://www.collegian.psu.edu/archive/2006/03/03-30-06tdc/03-30-06dnews-11.asp