Do you know that not every sexual conflict is defined as RAPE . No Rape isn't sexual assault but it is a form of it.We place rape within a continuum of sexual violence that can take many different forms, including sexual harassment, verbal abuse, leering, threats, exposure, being forced to watch pornography, unwanted touching, incest, penetration, mutilation, and ritual abuse. Rape is broader than most conventional or legal definitions . We place rape within a continuum of sexual violence that can take many different forms including sexual harassment , forcing to watch pornography , unwanted touching , incest , penetration, mutilation.
For its Uniform Crime Reports, the FBI defines rape as:
Please note that this definition is rather graphic, which is inevitable when describing crimes this violent.
“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 consent of the victim."
- Sexual assault victims may be forced through threats or physical means. In about 8 out of 10 sexual assaults, no weapon is used other than physical force. Anyone may be a victim of sexual assault: women, men or children, straight or gay.
So, how can you figure if what happened was rape? There are a few questions to consider.
There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.
- Are the participants old enough to consent? Each state sets an “age of consent,” which is the minimum age someone must be to have sex. People below this age are considered children and cannot legally agree to have sex. In other words, even if the child or teenager says yes, the law says no.
- In most states, the age of consent is 16 or 18. In some states, the age of consent varies according to the age difference between the participants. Generally, “I thought she was 18” is not considered a legal excuse — it’s up to you to make sure your partner is old enough to legally take part.
- Because laws are different in every state, it is important to find out the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
- Do both people have the capacity to consent? States also define who has the mental and legal capacity to consent. Those with diminished capacity — for example, some people with disabilities, some elderly people and people who have been drugged or are unconscious — may not have the legal ability to agree to have sex.
- These categories and definitions vary widely by state, so it is important to check the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
- Did both participants agree to take part? Did someone use physical force to make you have sexual contact with him/her? Has someone threatened you to make you have intercourse with them? If so, it is rape.
- It doesn’t matter if you think your partner means yes, or if you’ve already started having sex — “No” also means “Stop.” If you proceed despite your partner’s expressed instruction to stop, you have not only violated basic codes of morality and decency, you may have also committed a crime under the laws of your state (check your state’s laws for specifics).
I didn’t resist physically – does that mean it isn’t rape?
People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t rape — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).
Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)
I don’t remember the assault – does that mean it isn’t rape?
Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t rape. Memory loss can result from the ingestion of GHB and other “rape drugs” and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).
I was asleep or unconscious when it happened – does that mean it isn’t rape?
Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it is rape.
I was drunk or they were drunk - does that mean it isn't rape?
Alcohol and drugs are not an excuse – or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is nonconsensual, it is rape. However, because each state has different definitions of “nonconsensual”, please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)
I thought “no,” but didn’t say it. Is it still rape?
It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.
The story behind the Mandalay violence
The following is the announcement issued by the Ministry of Information over the alleged rape case that led to the violence in Mandalay.
The Sun Café teashop worker identified herself as Soe Soe, 25, from Butalin Township, accused her employer San Maung, 40, and his brother Ne Win of raping her.
She said she was closing the shop at 10 pm on June 28 when her employer told her she would be given a new job at a teashop in Nay Pyi Taw. She went along with the two in a white vehicle, but the car stopped on Pyinmana-Taungnyo road around 3 am and she was raped by the two brothers. The two then ran away after raping her, according to her complaint at Pyinmana Myoma Police Station.
The criminal police investigated the case and found out that her real name is Phyu Phyu Min, also known as Gatonema, 30, whose real birthplace is Chanayethazan Township in Mandalay. She had never worked at Sun Café and no forensic evidence of rape and physical injuries were found in the medical examination.
After the police looked into the case, she confessed that she had made a false report at Pyinmana police station of being raped by San Maung and Ne Win after she was paid by Ye Htut, also known as Thura Ye Htut, and Nu Nu Myat.
Phyu Phyu Min married Min Thura Zaw, also known as Nomo Hamad, in February 2007. When her husband was being tried in drug case in September 2013, she became acquainted with Ye Htut and Nu Nu Myat. The Mandalay District Court sentenced 16-year prison term to Min Thura Zaw and 12-year prison sentence each to his aunt Khin Mar Lwin and Ni Ni Htay.
Khin Mar Lwin's husband Khin Maung Htwe, also known as Ko Htwe, Ye Htut and Min Thura Zaw's mother Marlar were dissatisfied with the prison terms and caused a scene inside the court. The Mandalay District Court's clerk Tin Maung Win filed a case against them and they are facing a trial in Chanayethazan Township Court.
Khin Maung Htwe, Ye Htut, and Marlar were dissatisfied with the case opened against them and arranged for a woman named Haymar Kyaw to make a false report of being raped by the district court's clerk Tin Maung Win. Marlar, Phyu Ma, also known as Phyu Phyu Zaw, and Haymar Kyaw went to the Pyin Oo Lwin police station and reported that Tin Maung Win raped her at Pearl motel, following the instructions from Ye Htut and Nu Nu Myat.
The police have closed the false case filed by Phyu Phyu Min in Pyinmana on July 17, following the legal advice from the Union Attorney General's Office and took action against her and Ye Htut and Nu Nu Myat who instructed her to file the false report. Similarly, the false case filed in Pyin Oo Lwin was also closed on July 18, following the legal advice from Pyin Oo Lwin District Court and the police are trying to take actions against Haymar Kyaw and Marlar who made the false report.
She said she was closing the shop at 10 pm on June 28 when her employer told her she would be given a new job at a teashop in Nay Pyi Taw. She went along with the two in a white vehicle, but the car stopped on Pyinmana-Taungnyo road around 3 am and she was raped by the two brothers. The two then ran away after raping her, according to her complaint at Pyinmana Myoma Police Station.
The criminal police investigated the case and found out that her real name is Phyu Phyu Min, also known as Gatonema, 30, whose real birthplace is Chanayethazan Township in Mandalay. She had never worked at Sun Café and no forensic evidence of rape and physical injuries were found in the medical examination.
After the police looked into the case, she confessed that she had made a false report at Pyinmana police station of being raped by San Maung and Ne Win after she was paid by Ye Htut, also known as Thura Ye Htut, and Nu Nu Myat.
Phyu Phyu Min married Min Thura Zaw, also known as Nomo Hamad, in February 2007. When her husband was being tried in drug case in September 2013, she became acquainted with Ye Htut and Nu Nu Myat. The Mandalay District Court sentenced 16-year prison term to Min Thura Zaw and 12-year prison sentence each to his aunt Khin Mar Lwin and Ni Ni Htay.
Khin Mar Lwin's husband Khin Maung Htwe, also known as Ko Htwe, Ye Htut and Min Thura Zaw's mother Marlar were dissatisfied with the prison terms and caused a scene inside the court. The Mandalay District Court's clerk Tin Maung Win filed a case against them and they are facing a trial in Chanayethazan Township Court.
Khin Maung Htwe, Ye Htut, and Marlar were dissatisfied with the case opened against them and arranged for a woman named Haymar Kyaw to make a false report of being raped by the district court's clerk Tin Maung Win. Marlar, Phyu Ma, also known as Phyu Phyu Zaw, and Haymar Kyaw went to the Pyin Oo Lwin police station and reported that Tin Maung Win raped her at Pearl motel, following the instructions from Ye Htut and Nu Nu Myat.
The police have closed the false case filed by Phyu Phyu Min in Pyinmana on July 17, following the legal advice from the Union Attorney General's Office and took action against her and Ye Htut and Nu Nu Myat who instructed her to file the false report. Similarly, the false case filed in Pyin Oo Lwin was also closed on July 18, following the legal advice from Pyin Oo Lwin District Court and the police are trying to take actions against Haymar Kyaw and Marlar who made the false report.
The Meiktila violence where a monk and many people lost their lives and other violence sparked by alleged rape report have seemed to target the Muslims but the angry mobs have also destroyed properties owned by Buddhists and other religions.
"For the question on whether Islamophobia of Buddhists has been used in creating violence, first of all, I totally oppose the word 'Islamophobia of Buddhists'. Rather than hate someone, Lord Buddha has taught us not to be even angry at someone and to respond to everything with benevolence. That's why a person who truly follows Buddhist teaching does not hate anyone including Muslims. Other religions have also taught the same thing. So, I don’t consider anyone who hate or condemn other religions including Muslims and Christians to be Buddhists," said Moe Thway, president of Generation Wave.
"Another point on the involvement of the dictators…it is important to know which part of the government and who are being referred to. The incidents have shown the failures of the authorities. One thing for sure, the government is unable to effectively tackle these issues. But, it's difficult to accuse the whole government by claiming that they are behind this violence. It may be possible that some persons from the current government or a group of people among former dictators that still have influences over some parts of the government [are behind the violence].
"For the question on whether Islamophobia of Buddhists has been used in creating violence, first of all, I totally oppose the word 'Islamophobia of Buddhists'. Rather than hate someone, Lord Buddha has taught us not to be even angry at someone and to respond to everything with benevolence. That's why a person who truly follows Buddhist teaching does not hate anyone including Muslims. Other religions have also taught the same thing. So, I don’t consider anyone who hate or condemn other religions including Muslims and Christians to be Buddhists," said Moe Thway, president of Generation Wave.
"Another point on the involvement of the dictators…it is important to know which part of the government and who are being referred to. The incidents have shown the failures of the authorities. One thing for sure, the government is unable to effectively tackle these issues. But, it's difficult to accuse the whole government by claiming that they are behind this violence. It may be possible that some persons from the current government or a group of people among former dictators that still have influences over some parts of the government [are behind the violence].
The reason why former dictators can influence and mastermind the riots is because according to the existing constitution, there are still limitations on the president and the government that prevents them from acting incisively. What I mean is that the president and the cabinet do not have full authority of the government. Even in the government, the president cannot influence some ministries. These are the reasons why the government is unable to tackle the riots and take effective actions on the persons behind the riots and it seem like the government itself is creating the riots," he added.
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