Of rape (become outdated: ) One speaks violation, if a person forces another against her will under use or menace of force or by using a helpless situation to the sexual intercourse or other actions with a sexual or sexually motivated character. The extent at exercised self-defense of the victim is today no longer decisive for the legal calculation of the rape.
Almost all societies know a criminal offence existence of the rape and outlaw it as one of the heaviest offenses. A forced sexual intercourse in the marriage, with outsiders (for instance in the war, opposite minorities or slaves) is regarded or however not everywhere as punishable crime. Many societies knew or know a debt assignment to the victim, that expresses himself for instance in Ausgrenzung or obligatory divorce.
Rapes do not take place usually in the public, victims and authors often know each other. A rape is present also if the victim did not resist over the entire time interval of the rape. A connection between clothes and general occurrence of persons and relative frequency to be raped cannot be recognized.
The physical consequences of the rape and the danger by sex diseases stuck on and beyond that with female victims to become more schwanger, frequently a long-term psychological damage of the victim (psychological trauma) comes.
The reaction can reach up to heavy depressions, Psychosen, debt feelings, fear conditions, panic attacks and Suizidversuchen or completed Suizid, however the weight of the reactions is very individual and not with all concerning homogeneous.
During some victims also without special support to a normal life to find the way back are able, succeed it on a long-term basis others only by a Psychotherapie the rape to process. Particularly with very young, in addition, for numerous adult victims a complete healing of the psychological wounds is not only very with difficulty possible also by therapies or. Therefore it is important while handling concerning to be open for the individual needs without developing by expectation of a certain reaction pressure.
1998 was summarized in the German criminal law the facts of the rape and the sexual compulsion under only one facts, separated up to then; Rape is now a particularly heavy case of the sexual compulsion and with a higher minimum punishment is threatened. As rape forcing sexual actions, which particularly degrade the victim ", is considered in particular since the reform, if they are connected with a penetration into the body" ("§ 177 StGB). The restrictions of the rape term existing in former times were void with the reform, so that also forced Sex with the Ehepartnerin (rape in the marriage) and forced Sex with a male victim can be pursued as rape. In addition now the use of weapons affects itself clearly increasing the penalty to reduce in particular in order the often criticized differences to the heavy robbery.
In the Swiss penal code the facts for rape read as follows: "Who forces a person of female sex for the tolerance of the Beischlafs, in particular by threatening her, force uses, it incapable of the resistance under psychological pressure sets or makes, punished with penintentiary up to ten years. "(Swiss penal code 2000, kind 190,1) other sexual encroachments than the Beischlaf, in particular also oral traffic, Analverkehr and same sex sexual encroachments, are treated than sexual compulsion and punished in principle directly, however with a smaller minimum punishing threat (see OI. CIT, kind 189,1). Since 1 April 2004 concerning the Federal law is prosecution in the marriage and the partnership into force. Even if the victim and the author in conjugal community live, then the rape a Offizialdelikt represents (kind 190,2 and 189,2 waived). Rape in the marriage is in Switzerland only since 1992 punishable.
Likewise a special criminal law set to children to sixteen year, which is specified under the facts "sexual actions with children ", applies (see OI. CIT, kind 187; Sexual abuse of children).
With respect to the social sciences in principle between a rape and a sexual compulsion one does not differentiate. Instead each traumatisierende sexual action as rape is regarded, independently of of whom, at whom, under which circumstances and in which situation it is exercised. The Traumatisierung is characteristic. "Finally the definition of a rape is result of the respective perspective. "(Heynen 1998, P. 20)
In conflicts such as wars or civil wars or with ethnical cleanings so mentioned it comes frequently to massive and systematic rapes.
In February 2001 the international war crimes tribunal into the Hague a historical judgement when rape was condemned for the first time in connection with martial actions as heavy offence against those Geneva conventions and classified as crime against the humanity (see Foca case).
According to German police statistics it came in the federal territory in the year 2004 to 8,831 announced cases of rape and sexual compulsion, a rise around 0,7% in the comparison to the previous year Federal Criminal Investigation Office (2005): Police Kriminalstatistik 2004 - Federal Republic of Germany. (Pdf) Among them "relatively considerable attempt portions" fall from 15% according to report. Thus 11 announced cases of rape come on 100.000 inhabitants and inhabitants per year. The probably considerable dark number is not mentioned.
From the number announced of the criminal offences against sexual self-determination 7,334 is void on multiple authors so mentioned. Under influence of alcohol stood according to report 2,026 the author. The clearing-up ratio increased between 2003 and 2004 of 81,7% to 83,0%. Differences between the Lands of the Federal Republic are clear: In Bremen and Hamburg this value is about 67,1% and/or 68,7%, while in Saxonia 90.9% and in Mecklenburg-Western Pomerania 91.4% of the cases are solved.
From 7.475 suspects of the rape 98.8% were male and 1.2% female. With the male suspects 10.5% were old between 14 and 18 years, 9.6% were between 18 and 21, further 12.2% between 21 and 25 and finally 65.3% over 25 years old. The portion of German suspects amounts to 69.4%, this results in a relatively high portion of not-German suspecting of 30,6%, who must be seen in the comparison to the total number by presumed criminal offences by Nichtdeut of 22,9%. 67.1% of the suspects divide with its victim a municipality, 11.7% still the district and 18.9% the further Land of the Federal Republic. From the supraregional federal territory 4.3% and from the foreign country 0.9% that come of suspecting. The number of offences against the sexual self-determination, outweighing far, therefore proceeds from neighbouring living, male and German adults.
Rapes of boys as well as of men exist by other men or women. The common picture of a rape shows in contrast to this generally a woman or a girl as a victim. Male victim shank is generally not compatible with the picture of a strong boy and man. Therefore boys and men displace such experiencing more strongly than women and try the act and its consequences more frequently to minimize. The possible consequences of a Traumatisierung by a fragmenting of the personality and the destruction of the integrity cannot be turned away and be able however thereby with both sexes equally to arise.
In many societies the rape of boys and men applies as less infamous than from girls and women, although the consequences for the victim are not under any circumstances smaller.