Violent Crime: Rape, Essay Example

State law in Indiana defines rape as a sex crime (Indiana Code 35-42-4-1). The elements that come together to constitute rape include sexual intercourse with a member of the opposite sex when that person is compelled to do so by force or the threat of force, when the person is unaware that the sex is occurring, when the person is mentally unable to consent to intercourse, or when the person has been given a drug so that another person can sexually assault them. In Indiana a person commits statutory rape when the person is under the age of 16. This, too is a felony offense.

The elements of the crime include having intercourse with a person who is not your spouse, committed without the victim’s consent, against the victim’s will and by force. The modus operandi of rapists include the type of offense, words spoken, types of weapon, actual method of attack, time of day, type of location, and victim’s age (Hess, 2009). A disturbing fact pattern for the crime is that “sixty percent of rape victims are gang raped, more than half in their own homes” (Lucas, 2010).

A media (news) example of reporting this crime is not to divulge the names of alleged rape victims when publishing or airing news stories.Public policy for the crime in Indiana includes a five year statue of limitations on Class B, C, and D, felony rapes, while no limitation on Class A rapes. The limitations statute on misdemeanor rape is tow years. For child rape and incest cases, the statue terminates when the victim reaches the age of 31 (RAINN, 2010).

The ethical reasons behind making rape a criminal offense include keeping a watch over the moral conduct of society. My thoughts on punishing the offender are that rapists are heinous members of our communities and should be kept far away from the rest of us.

Reference

Hess, K. (2009). Criminal Investigation. Clifton Park, NY: Delmar.

Lucas, L. (2010). New report shows shocking pattern of rape in eastern Congo. Oxfam America, April 15.

Rainn (2010). Criminal Statutes of Limitation by State: Indiana- Rape Abuse and Incest Abuse National Network. Retrieved 28 April 2010 from http://www.rainn.org/pdf-files-and-other-documents?Public-Policy