Rape Culture in America

Lauren Hulmes| CAS 138 | April 4, 2018

We All Know One
Every 98 seconds, an American is sexually assaulted1. By who? By monsters? By Ted
Bundy’s, BTK’s, and Dahmer’s? No. They are the boss, the doctor, the partner, the coach,
the family member, and the neighbor. Those that commit these crimes are men and
women involved in everyday life. Such a dynamic can make it difficult for people to grasp;
let alone accept.

The scale to which sexual violence has been recognized in the United States as of late has
resulted in an explosion of outrage. This is understandable, however, this mass reckoning,
with the current cultural attitude and judiciary system, means that the retributions
demanded cannot be met. Therefore, there must be a more individualistic approach.

As of now, survivors of sexual violence of any sort, from workplace harassment to rape,
have two choices: report the predator, or do nothing2. Admitting vulnerability requires
courage. But in a society where 20% of survivors fear retaliation, and 13% fear nothing will
be done, 994 out of 1000 perpetrators walk free3.

Such reasoning for remaining silent has a name and its name rape culture. Rape culture,
the practice of normalizing sexual violence and victim blaming, is a pervasive issue, not
just in the United States but all over the world. It is a phenomenon that exists solely
because many people believe it is illusory.

Change is a slow process. It does not happen overnight; it develops over time, and it is
necessary in order to protect the well-being of others. If rape culture is not directly
addressed, the preservation of this current cultural attitude will continue to pollute the
foundation of justice and re-traumatize the victims desperate for someone to believe
them. Therefore, it is the responsibility of the individual to actively reject the foundations
of rape culture rather than passively accept its existence.

1 "About Sexual Assault," About Sexual Assault | RAINN, , accessed April 03, 2018, https://www.rainn.org/about-sexual-assault.

2 Sofie Karasek, "I'm a Campus Sexual Assault Activist. It's Time to Reimagine How We Punish Sex Crimes.," The New York Times,
February 22, 2018, , accessed April 03, 2018, https://www.nytimes.com/2018/02/22/opinion/campus-sexual-assault-punitive-
justive.html.

3Perpetrators of Sexual Violence: Statistics | RAINN, , accessed April 03, 2018, https://www.rainn.org/statistics/perpetrators-sexual-
violence.

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The Numbers Behind Sexual Violence
In order to understand the ubiquity of rape culture, it important to first understand the
ubiquity of sexual violence as well.

Sexual violence is an umbrella, non-legal term that encompasses all crimes like sexual
harassment, sexual assault, rape, abuse, and incest. While sexual violence can take on
many forms, it must be universally understood it is
never the fault of the victim.

When asked to imagine a perpetrator of sexual

violence, more often than not a male will come to
mind. It is no coincidence, as 9 out of every 10
survivors of sexual violence are female4. However, it is
also important to note that 1 in 33 men experienced an
attempted or completed rape in their lifetime5. Sexual
violence knows no gender, race, age, or ethnicity. Nor
does it know sexual orientation or disability.

In regard to location, 55% of sexual assaults occur at or

near the home of the victim6. An additional 15% sexual
assaults occur in an open public place and another 12%
take place at or near a relative’s home7. During the
time of the crime 48% of victims were either sleeping
or performing another activity, 29% were traveling to
and from work or school, and 12% were working8.

The majority of perpetrators of sexual violence are

known to the victim. In fact, 7 out of 10 rapes are
committed by someone known to the victim 9. This
statistic includes acquaintances, friends, family, and
partners. Of the 70% of sexual assaults committed by

4 "Statistics," Statistics | RAINN, , accessed April 03, 2018, https://www.rainn.org/statistics

5 Ibid.
6
Ibid.
7 Ibid.
8 Ibid.

9Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National Crime Victimization Survey, 2010-
2014 (2015).

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known figures, 28% of sexual assaults are committed by complete strangers10.

Perhaps the most discouraging statistic is that 15.8% to 35% of all sexual assaults are
reported to police11. Of this 15.8% to 35% of reported cases only 9% of all perpetrators get
prosecuted, only 5% of cases lead to a felony charge, and only 3% of perpetrators spend a
day in jail12. The remaining 97% of perpetrators remain unscathed13.

What this means for Survivors

“DISCUSSIONS OF SEXUAL HARASSMENT IN POLITE COMPANY

TEND TO RELY ON EUPHEMISMS: HARASSMENT BECOMES
“INAPPROPRIATE BEHAVIOR”, ASSAULT BECOMES “MISCONDUCT”,
RAPE BECOMES “ABUSE”. WE’RE ACCUSTOMED TO HEARING
THOSE SOFTENED WORDS, WHICH DOWNPLAY THE PAIN OF THE
EXPERIENCE”
- “THE SILENCE BREAKERS”, TIME

Responses to sexual violence is complex and completely unique to each individual. Some
survivors experience intense psychological trauma, while others may experience little to
no distress14. Furthermore, while sexual assault is often the most widely recognized
misdemeanor, it is important to remember that force is not just physical force but
manipulation, coercion, threats, and any situation where a person is not able to give their
consent15. Each of these violations of bodily rights can have equally detrimental effects on
a survivor. Life after sexual assault can include either long-term or short-term
psychological, emotional, and physical effects.

10Perpetrators of Sexual Violence: Statistics | RAINN, accessed April 03, 2018, https://www.rainn.org/statistics/perpetrators-sexual-
violence.

11 Ibid.
12"Reporting Sexual Assault: Why Survivors Often Don't," Maryland Coalition Against Sexual Assault, , accessed April 2, 2018,
https://ocrsm.umd.edu/files/Why-Is-Sexual-Assault-Under-Reported.pdf.

13 Ibid.
14Yuan, Nicole P., Mary P. Koss, and Mirto Stone. "The Psychological Consequences of Sexual Trauma." VAWnet. Accessed April 03,
2018. https://vawnet.org/material/psychological-consequences-sexual-trauma.

15 "Sexual Assault and Mental Health." Mental Health America. March 31, 2017. Accessed April 03, 2018.
http://www.mentalhealthamerica.net/conditions/sexual-assault-and-mental-health.

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Many survivors of sexual violence are at an increased risk of the following16:

 Depression
 PTSD
 Substance Abuse Disorder
 Eating Disorders
 Anxiety
 Suicidality

Perhaps an even more pressing issue is the number of survivors who chose to remain
silent. Those who are brave enough to come forward experience what has become all too
common: victim blaming. Blaming people for their own assault exacerbates mental trauma
and results in many survivors staying silent17. This does not mean they are not a survivor;
some just remain silent because of the very backlash they witnessed from others brave
enough to come forward. By questioning the stories of survivors and subjecting them to
scrutiny, it is as if the survivor is abused all over again.

Rape Culture in Action: A Case Study

Brock Turner, on January 17th, 2015 assaulted an unconscious woman behind a dumpster.
He was caught by two Swedish graduate students and after pinning him to the ground,
police arrived and took him into custody18. The survivor awoke in the hospital to find pine
needles in her hair and body, dried blood on her hands and elbows, and no recollection of
what had happened the night before19.

What makes the Brock Turner case so notable in history is his lenient sentencing. During
his trial, a jury of four women and eight men found Turner guilty on three felony counts of
sexual assault20. However, despite the jury recommending a maximum sentence of
fourteen years in prison, Brock received a meager six-month sentence21. Turner was
released in three months22. The Turner case reignited the discussion of rape culture and its
influence into the criminal justice system, not just in America but all over the world.

16"Reporting Sexual Assault: Why Survivors Often Don't," Maryland Coalition Against Sexual Assault, , accessed April 2, 2018,
https://ocrsm.umd.edu/files/Why-Is-Sexual-Assault-Under-Reported.pdf.
17Young, Joel L., M.D. "#MeToo, Sexual Assault, and Mental Health." Psychology Today. Accessed April 03, 2018.
https://www.psychologytoday.com/us/blog/when-your-adult-child-breaks-your-heart/201711/metoo-sexual-assault-and-mental-
health.

18Anonymous. "How the Justice System Lets Sexual Assault Victims down." ABC News. September 02, 2016. Accessed April 03, 2018.
http://www.abc.net.au/news/2016-09-02/brock-turner-justice-system-sexual-assault-victims/7801784.

19 Ibid.
20 Ibid.
21 Ibid.
22
Ibid.

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Rape Culture and Ideology

Rape culture is a term coined by feminists in the 1970’s designed to define the way society
normalizes sexualized violence and blames survivors23. It is a culture that validates men as
sexual pursuers and women as conquests, men as legitimate, women as objects24. Culture
is something that is informally learned over a long period of time; educating society about
values, beliefs, and behavior that is deemed normal and appropriate25. Therefore, the
prospect of rape culture is something that has slowly but deeply engrained itself into
American life and can be found in common language, media, and even into the justice
system.

Dan Turner was able to summarize rape culture in a brief letter addressed to the jury in
defense of his son. In his letter, Dan Turner iterates that Brock’s life has been left in tatters
due to “20 minutes of action” out of his “20 plus years of life.26” He then continues on to
explain that “Brock can do so many positive things as a contributor to society and is totally
committed to educating other college age students about the dangers of alcohol
consumption and sexual promiscuity.27” Therefore, Dan Turner’s letter managed to
simultaneously vindicate his son from the severity of his actions and belittle the trauma of
the victim in the name of a swimming career and a Stanford education. Actions such as
this prove that rape culture is still very much prominent in the minds of many.

Rape Culture in Media

Media provides extensive coverage on stories that would otherwise remain unknown
to the world. Therefore, the impact the media has on the attitudes of rape culture are
equally as extensive. Despite the majority of sex crimes never seeing the light of day

23 "Home." WAVAW Rape Crisis Centre. Accessed April 03, 2018. http://www.wavaw.ca/what-is-rape-culture/.

24 Ibid.
25Walton, Gerald. "What Rape Culture Says about Masculinity." The Conversation. April 02, 2018. Accessed April 03, 2018.
https://theconversation.com/what-rape-culture-says-about-masculinity-85513.

26Cauterucci, Christina. "Convicted Stanford Swimmer's Father Sums Up Rape Culture in One Brief Statement." Slate Magazine.
June 05, 2016. Accessed April 03, 2018.
http://www.slate.com/blogs/xx_factor/2016/06/05/brock_turner_s_dad_s_defense_proves_why_his_victim_had_to_write_her_letter.
html.

27
Ibid.

PAGE 5
in the media, sexual assault crimes that have a direct impact on society often become
headlines in the news 28.

The case of Brock Turner was one of the cases that made big headlines, but not always
for the best. It is important to note that when searching the case “Brock Turner”,
more often than not, headlines read with, “Former Stanford Swimmer” or “Stanford
swimmer” somewhere in the title. Instead of addressing him as an accused rapist,
convicted sex offender, or just sex offender, Turner is addressed as the bright Stanford
man that had a bright future in swimming 29.

It is a trend in media today to focus not on the traumatization a victim has been
subjected to, but how the future of the accused has been left in tatters. When media
does shift to the victim, victim blaming quite often runs rampant. The victim is often
belittled with accusatory questions about her sexual history, whether she had been
drinking, or about what she was wearing 30. Questions and headlines, such as those of
Turner, become so common that they also become desensitizing, normal, and
expected in everyday media.

Rape Culture in Court

Prior to the 1970s, the American court system in regard to rape law focuses explicitly on
protecting the rapist against the claims of the “dishonest, vengeful, and even
psychopathic” survivor31. In this regard, attitudes have changed greatly, empathy for the
victim is beginning to take priority. Despite this, there is still a long way to go in regard to
the pervasive nature of rape culture. Particularly in the courts.

Given the complexity of legal consent from state to state, out of 1000 instances of rape,
only 13 cases get referred, and only 7 cases will lead to a felony conviction32. There must be
proof without a reasonable doubt that consent was not given33. This can be difficult and

28
Thacker, Lily K. "Rape Culture, Victim Blaming, and the Role of the Media in Criminal Justice System." Kentucky Journal of
Undergraduate Scholarship. May 2017. Accessed April 2018. https://encompass.eku.edu/cgi/viewcontent.cgi?article=1008&context=kjus.

29 Hedgespeth, Stephanie. "Brock Turner's Release: The Ugly Truth of Rape Culture." The Odyssey Online. November 10, 2017. Accessed
April 04, 2018. https://www.theodysseyonline.com/brock-turners-release-signifies-major-societal-
issues?sec=pop24&utm_expid=.53hHQ_sIS_GVYl9TPM4psw.1&utm_referrer=.

30Anonymous. "How the Justice System Lets Sexual Assault Victims down." ABC News. September 02, 2016. Accessed April 03, 2018.
http://www.abc.net.au/news/2016-09-02/brock-turner-justice-system-sexual-assault-victims/7801784.

31Cuklanz, Lisa M. Rape on Trial: How the Mass Media Construct Legal Reform and Social Change. Philadelphia: University of Pennsylvania
Press, 1996.

32Anonymous. "How the Justice System Lets Sexual Assault Victims down." ABC News. September 02, 2016. Accessed April 03, 2018.
http://www.abc.net.au/news/2016-09-02/brock-turner-justice-system-sexual-assault-victims/7801784.

33
Ibid.

PAGE 6
can come down to the word of the prosecutor against the word of the defendant.
However, in cases, such as Brock Turner, there is reason to believe the word of the
assailant is given priority against the voice of a survivor.

Brock Turner was sentenced by judge Aaron Persky, an American Judge on the Superior
Court of Callifornia, Santa Clara. Persky, despite the efforts from the victim and
prosecutors, sentenced Turner to just six months in jail, maybe less, if Turner behaved34.
The reasoning behind Persky’s lenient sentencing being, “A prison sentence would have a
severe impact on him. I think he will not be a danger to others.35”

Despite improvement from the 1970s, in which the court was explicitly protective of the
rapist, the reasoning provided for the unusually lenient sentencing exhibits the insidious
nature of rape culture in the justice system. A system in which a judge is more concerned
with the well-being of a rapist than with providing justice to the victim and to public
safety overall. The cries of the survivors and the vocalization of their experiences are
falling on the deaf ears of the court.

At an institutional level a critical eye must be kept and someone must be there to educate
rape apologists and victim blamers that they will not be tolerated36. No matter the
previous accolades and squeaky-clean record of the defendant, sexual assault is against the
law, no matter the state, and the defendant should be treated as such.

Hope

The case of Brock Turner is just one example of the embodiment of a culture where
physical and emotional terrorism against others is a fact of life. However, this is not
something that should be accepted as inescapable, there is a way to change the expression
of values and attitudes37.

34 Hedgespeth, Stephanie. "Brock Turner's Release: The Ugly Truth of Rape Culture." The Odyssey Online. November 10, 2017. Accessed
April 04, 2018. https://www.theodysseyonline.com/brock-turners-release-signifies-major-societal-
issues?sec=pop24&utm_expid=.53hHQ_sIS_GVYl9TPM4psw.1&utm_referrer=.
35Fantz, Ashley. "Who Is the Judge Who Gave Brock Turner 6 Months?" CNN. June 09, 2016. Accessed April 04, 2018.
https://www.cnn.com/2016/06/08/us/aaron-persky-brock-turner-stanford-rape/index.html.

36
Gattuso, Reina, Sejal Singh, Barbara Sostaita, Marialexa Kavanaugh, and Amanda R. Matos. "Rape Apologists and Victim Blamers
Hate Men." Feministing. Accessed April 04, 2018. http://feministing.com/2009/01/29/rape_apologists_and_victim_bla/.

37Walton, Gerald. "What Rape Culture Says about Masculinity." The Conversation. April 02, 2018. Accessed April 04, 2018.
https://theconversation.com/what-rape-culture-says-about-masculinity-85513.

PAGE 7
Putting an End To Rape Culture

“AS A SOCIETY, WE CANNOT FORGIVE EVERYONE’S FIRST SEXUAL ASSAULT

OR DIGITAL RAPE. IT DOESN’T MAKE SENSE. THE SERIOUSNESS OF RAPE
HAS TO BE COMMUNICATED CLEARLY, WE SHOULD NOT CREATE A
CULTURE THAT SUGGESTS WE LEARN RAPE IS WRONG THROUGH TRIAL
AND ERROR. THE CONSEQUENCES OF SEXUAL ASSAULT NEEDS TO BE
SEVERE ENOUGH TO BE PREVENTATIVE. 38”
-EMILY DOE (SURVIVOR OF BROCK TURNER)
Since culture is a manifestation, such a change in beliefs and behavior will not be an
overnight occurrence. The process of ending rape culture will take a long time. In order to
end the communal acceptance of sexual violence, society as a whole must address the
following points based on the ideas of activists Eesha Pandit, Jaclyn Friedman, filmmaker
Nuala Cabral, and author Jessica Valenti.

1. Identify the Foundation of Rape Culture- The phenomenon of rape culture exists
due to the others who believe it is imaginary. Violent masculinity and victim-
blaming go “hand in hand”39. Concepts of masculinity must be called into question
and rearranged. Furthermore, when a case of sexual violence makes its way into
media headlines, instead of questioning the sobriety, sexual history, or clothing,
question the thought process of the one accused.
2. Educate- Beginning with early childhood, reimagine gender roles and build on the
understanding that sexual violence is not a normal or natural urge, no matter a
person’s gender identity. It is a violation of privacy and is recognized as a felony. In
addition, as a society, there must be the acknowledgement of state sanctioned
violence in the U.S. and global gender based violence40. Sexual violence cannot be
solved by addressing a single case after it has already been committed41. Sexual
violence and the culture associated with it needs to be a lesson learned beforehand
so it can be prevented42.
3. Enthusiastic Consent43- Enthusiastic consent is the responsibility taken by each
partner to make sure sexual encounters and activities are communicated and

38Kingkade, Tyler, Huffington Post, and Emily Doe. "Stanford Victim Letter Impact Statement From Brock Turner S Victim."
DocumentCloud. Accessed April 04, 2018. https://www.documentcloud.org/documents/2852615-Stanford-Victim-Letter-Impact-
Statement-From.html.

39The Nation. "Ten Things to End Rape Culture." The Nation. June 29, 2015. Accessed April 04, 2018.
https://www.thenation.com/article/ten-things-end-rape-culture/.

40
Ibid.
41Kingkade, Tyler, Huffington Post, and Emily Doe. "Stanford Victim Letter Impact Statement From Brock Turner S Victim."
DocumentCloud. Accessed April 04, 2018. https://www.documentcloud.org/documents/2852615-Stanford-Victim-Letter-Impact-
Statement-From.html.

42 Ibid.
43
Ibid.

PAGE 8
 consensual44. If one person begins to adopt enthusiastic consent and then explains
it to other, it could soon become a community value45. If someone is then the
victim of sexual violence, the question will not be focused on the victim, it will be
focused on the perpetrator.
4. Taken an Intersectional Approach46- Unbeknown to most, people of color, the
LGBTQIA+ community, and those with disabilities experience sexual violence at
much higher rates than others47. Strategies must be developed for the challenges of
those whose gender status, sexuality, race, and citizenship effect their ability to
utilize the criminal justice system48.
5. Speak Up- Almost all political issues form on the basis of personal strife. Survivors
should not be afraid to share their stories. Even it is to themselves49. For those
who have witness or have witnessed sexual violence; action is better than inaction.
Speaking up is not just for those who have are survivors of sexual violence.
Speaking up against those who indulge and benefit from rape culture is equally
important. The saying goes, “If you see something do something,” and it applies to
sexual violence and rape culture. “Rape culture thrives in passive acceptance of
female degradation, victim-blaming and hyper-masculinity in our communities,
both physical and digital.50” Therefore, if you see it report it, lobby for safe spaces,
and ask the right questions.

These points alone will not end rape culture. Culture is, as stressed before, a slow-
cooked formation of ideologies. The solution is to look at and learn from individual
cases before they happen again. There is power in knowledge and there is power in
action. Every member in society has responsibility in allowing rape culture to persist,
but they also have the responsibility to end it. It is up to us to decide which it will be.

44 The Nation. "Ten Things to End Rape Culture." The Nation. June 29, 2015. Accessed April 04, 2018.
https://www.thenation.com/article/ten-things-end-rape-culture/.
45 Ibid.
46
Ibid.
47"Sexual Assault and the LGBTQ Community." Human Rights Campaign. Accessed April 04, 2018.
https://www.hrc.org/resources/sexual-assault-and-the-lgbt-community.

48 he Nation. "Ten Things to End Rape Culture." The Nation. June 29, 2015. Accessed April 04, 2018.
https://www.thenation.com/article/ten-things-end-rape-culture/.
49 Ibid.
50 Kingkade, Tyler, Huffington Post, and Emily Doe. "Stanford Victim Letter Impact Statement From Brock Turner S Victim."

DocumentCloud. Accessed April 04, 2018. https://www.documentcloud.org/documents/2852615-Stanford-Victim-Letter-Impact-

Statement-From.html.

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