Rape as a Gender-Based Hate Crime: a Complex Debate

Imagine returning home after a long, stressful day at work, craving the comfort of your usual evening routine.

Introduction

You take off your shoes at the door, hang your jacket on the coat rack, and place your keys and phone on the cabinet. As you head toward your bedroom, a knock at the door interrupts this familiar process. Peering through the peephole, you see an unfamiliar individual. They claim you dropped something on your way up to your apartment. As you open the door to retrieve your lost item, you are suddenly ambushed and forced inside.

The assailant demands you to take off your clothes and proceeds to sexually assault you. After the horrific ordeal, they escape through the front door. In a state of shock, you lock the door and call 911. At the hospital, you learn that there has been a spree of sexual assaults in the area, with each victim sharing a common trait. Weeks later, the perpetrator is apprehended. While the district attorney knows the offender will be tried for aggravated sexual assault, there is a push to charge them with a hate crime. This raises the question: should rape be considered a gender-based hate crime, or is this classification excessive?

Defining Rape and Its Implications

The definition of rape has evolved over time, but the Uniform Crime Reporting (UCR) Program's revised definition underscores the severity of the act: "penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim's consent" (FBI, 2017). Rape is universally recognized as a heinous crime, transcending boundaries of gender, age, race, and religion. In contemporary discourse, rape culture often portrays women as victims and men as perpetrators. Only recently has society begun to acknowledge that men can also be victims of rape, challenging the outdated notion that men cannot be overpowered. Cook (2018) highlights how societal perceptions have historically downplayed male rape, asserting that "a man could always escape a situation, whereas a woman would not be able to, because of economic circumstances and submissive behavior" (p.64). By broadening the definition of rape, we gain a deeper understanding of rape culture's pervasive impact, acknowledging that it is not limited to a single victim profile. The debate over whether rape should be classified as a hate crime hinges on whether this categorization would offer victims the justice they deserve or create a perceived "special right."

Rape as a Gender-Based Hate Crime

The argument for including rape as a hate crime primarily rests on the notion that perpetrators often select their victims based on gender, gender identity, and sexual orientation. Advocates for this classification, such as Eric Rothschild, argue that rape should be recognized as a hate crime due to its potential to be motivated by racial or gender hostility. Rothschild posits that it is inconsistent to include murder or battery in racial hate crime statutes but exclude rape, which has been historically used as a war crime against women (Rothschild, 1993, p.262). In states where gender is a protected category, it stands to reason that rape, when motivated by gender animus, should be considered a hate crime.

Similarly, Kathryn Carney contends that rape is a paradigmatic hate crime that targets women specifically because of their gender. Carney argues that rape is not merely an act of violence that happens to women; it is an act of hate that occurs because they are women (Carney, 2001, p.320). Carney highlights existing legislation, such as the Violence Against Women Act (VAWA) and the Hate Crimes Prevention Act (HCPA), which recognize the need for enhanced penalties for crimes motivated by bias. She emphasizes that the next step in rape reform is acknowledging rape as a hate crime. Carney identifies eight elements that align the hate crime paradigm with rape, including the immutability of characteristics, victim interchangeability, communal impact, psychological trauma, and underreporting—all of which underscore the need for stronger legal recognition and response.

Counterarguments and Limitations

While there are compelling arguments for categorizing rape as a hate crime, several limitations and counterarguments warrant consideration. One major challenge is the varying definitions of rape across states, which can influence who is recognized as a victim of a hate crime. For instance, Lisa Campo-Engelstein notes that New York's definition of rape is narrow, focusing solely on unwanted vaginal penetration by a penis, thereby excluding other forms of penetration and potential victims, including men and transgender individuals.

Another limitation is the societal perception of who can perpetrate rape. Despite the stereotype of male perpetrators, women can also commit rape. The Centers for Disease Control and Prevention (CDC) reports that nearly 1 in 5 women and 1 in 71 men in the United States have experienced rape, highlighting the need for a more inclusive understanding of the crime (Cook, 2018, p.69). The underreporting of male rape adds another layer of complexity, as societal stigma often discourages male victims from coming forward.

Ultimately, the classification of rape as a hate crime requires careful deliberation. It must balance the need for justice with the potential implications of redefining the crime. While rape predominantly affects women and carries elements of gender animus, it is crucial to recognize its broader impact on individuals of all genders. The debate surrounding rape as a hate crime is, therefore, multifaceted, involving legal, social, and psychological considerations.

Conclusion

Rape is a profoundly traumatic crime that affects not only the immediate victim but also their community and loved ones. The question of whether rape should be considered a hate crime is complex, requiring a nuanced understanding of gender dynamics, legal definitions, and societal perceptions. By exploring both the arguments for and against this classification, we can better appreciate the broader implications of defining rape as a gender-based hate crime. In doing so, we must strive to create a legal framework that acknowledges the crime's severity while ensuring justice for all victims, regardless of gender. The conversation around rape and hate crime legislation is ongoing, reflecting society's evolving understanding of these deeply interconnected issues.

Did you like this example?

693

29