Privacy
A rape victim
is more than the sum of his or her parts.
The concept of rape victims being
"damaged property" has a historical basis dating back to when women were literally owned by
a member of their family.
"The origin of rape laws
can be traced to the once-widespread belief that women were the property
of men. A female was considered first the property of her father. Because
her virginity was valued as her principal asset, rape was considered a
theft. Once a woman was married, she belonged to her husband. Rape then
was treated as a crime against the husband's exclusive sexual rights to
her. Because marriage gave these rights to the husband, legally, it was
not possible for him to rape his own wife." Grolier
Multimedia Encyclopedia
This is what is known as an underlying
cultural assumption. They are incredibly difficult to even notice
much less change. One way in which society can circumnavigate this 'subconscious'
idea is to begin looking at sexual assault as a violation of rights rather
than a violation of the flesh. It is a violation of the body but the person
inside the body is more important. The physical wounds will heal but the
psychological
ones will take a lifetime.
Women and men both have the right to control who has access to them and
their bodies. Privacy is one of the rights of the rape victim which have
been violated.
"Though a rape victim may
not sustain substantial physical tissue damage, rapists may inflict significant
psychological trauma by asserting uninvited domination, control, and power
over the unwilling other"(Schneider
et. al., 1994)
Women are not property- Crimes
against the person v/s crimes against property
"A fundamental categorization
of crime is based on criminological theory and is commonly used to detect
patterns in the crime rate. This classification divides crime broadly
into two categories: crimes against the person and crimes against
property. Crimes against the person are predatory in nature:
the offender intends, threatens, or commits physical harm against the
victim. Such crimes include homicide, rape, and armed robbery. Crimes against property involve no physical threat to the victim and include
arson, burglary, larceny, and motor-vehicle theft." Grolier
Multimedia Encyclopedia
The correlation between the psychological
effects of violation of privacy and the principles of both eating disorders
and sexual assault are noteworthy.
One of the key aspects of the definition
of privacy according to psychological analysis literature is the following:
Privacy is not the absence of
other people from one's presence but the control over the contact
one has with them. (Pedersen, D. 1997)
“Selective control of access to the self” (Margulis, S. 2003)
“Control over
or regulation of or, more narrowly, limitations on or exemption from
scrutiny, surveillance, or unwanted access.” (Margulis, S. 2003)
Control
Control is
a key feature in most definitions of privacy in current literature. It
is also a key aspect of sexual assault and the resulting
psychological traumas. Many sexual assault survivors
suffer from eating dissorders which also center around control issues.
This page discusses the concept of rape
as a violation of privacy rather than as damage of property.
Some of the key reasons control
is important are that it provides what we need for normal psychological
functioning, stable interpersonal relationships and personal development.(Pedersen,
D. 1997)
It is a boundary issue in that
people need to regulate who, how often and what type of contact they have
with each other. It is important that individuals be able to regulate
contact by both increasing and decreasing contact.(Pedersen, D. 1997)
“Schoeman rightly argues that
privacy… is not generally in order to isolate people but to enable
them to relate intimately.” (Ben-Ze'ev, A. 2003)
Westin determined that privacy
provides opportunity for self assessment and experimentation. Privacy
is also the basis for development of individuality, protects personal
autonomy and supports health by providing opportunities to relax, be one's
self, vent, escape stress, and cope with loss, shock and sorrow. (Pedersen,
D. 1997)
The
negative effects of loss of privacy
-Loss of opportunities due to failure
to psychologically control privacy related behaviors in situations in
which more powerful people seek to control others. (Margulis,
2003)
-Some theories suggest that loss
of privacy results in loss of control and resulting disorders. (Margulis,
2003)
-A potential long term consequence
is coming to “believe that certain opportunities for privacy are
simply not available.”(Margulis, 2003)
-Learning the limits of autonomy.
-When privacy is violated it is
lost. “Invasions occur when initial conditions for privacy are not
achieved. Examples include being surreptitiously over heard or being unable
to prevent physical access to self.” (Margulis, 2003)
-Failure to meet privacy needs
has also been linked to anti social and aggressive behaviors. (Pedersen,
D. 1997)
-Stigmas result in the person being
devalued, lowered in status, stereotyped and victimized by prejudice and
discrimination. (Margulis, 2003)
They also result in further breaches of privacy because the unstigmatized
treat them as objects of curiosity. If the subject is unable to handle
these social interactions they feel embarrassed and unwanted. (Margulis,
2003)
Control and Sexual
Assault
Violations of privacy come in many
forms. Sexual assault is one of the most explicit forms of invasion of
privacy. Control issues are key to current theories on why privacy and
its loss have negative effects on humanity. Rape has been regarded since
the 1970’s to be a crime of violence and control as well as sex.
"Rape is not about sex to
the rapist; it has to do with control
and power." “Experts say that rape is an expression of
sexual aggression rather than an expression of sexuality. Rape is rooted
in nonsexual motivation in the psychology of the offender; it is tied
to hostility and anger and the need to exert power and control.”
3
In some ways it makes more sense
to look at the issue of sexual assault as an invasion of privacy.
“The more comfortable a person
is with talking about invasion of privacy and in insisting that he or
she has privacy that deserves respect, the clearer that person’s
understanding of rape will be…” It is important to be aware
of the approach of this subject through the concept of privacy because
of the historical background and the need to bypass certain stigmas.
The word ‘rape’ has
a long history of sexual property implications. Originally the rape of
a woman meant she was damaged property of either the father or the husband
(of whom she was the legal property). No one would want to purchase damaged
goods.
Because of these factors it was in the best interest of women to keep
this information to themselves. This is also the reason that in some countries
it is impossible for a husband to be convicted of raping his wife. A man
cannot steal his own property.
It is therefore a valid and useful
approach to view the concept of rape as a violation of privacy rather
than as damage of property.
"Though a rape victim may
not sustain substantial physical tissue damage, rapists may inflict significant
psychological trauma by asserting uninvited domination, control, and power
over the unwilling other (e.g., Brownsmiller, 1975)."(Schneider
et. al., 1994) It is important that society be aware of it’s
boundaries regarding privacy. “An environment that tolerates rape
will also tolerate a range of invasions of one’s own privacy…”
and perhaps the other way around. The feeling of being “soiled”
experienced in rape is linked to that of personal disclosures of an unpleasant
nature. Rape is a crime of “sex, violence, power, and an invasion
of privacy… in a rape, power is asserted by invading privacy through
sexual means with violence implied or threatened. All elements are there
together.”
(Mclean, D. 1995) Violation of privacy is an abuse of power. “Often
the motive for invading privacy is to exert power over the person whose
privacy is invaded…this is a motive to not merely control another
person’s behavior but to also break his or her heart or spirit so
that one’s dominator can approach completeness.”
(Mclean, D. 1995)
Links:
"Privacy
of Rape Victims Clashes With Trial Rights"
http://www.rapeis.org/activism/legal/privacyofvictim.html
"If she is looking for counsel
and letting out her feelings to someone," she said of her granddaughter,
"she would hope it would be kept confidential."
References:
Sedney, Mary Anne, "rape (crime)."
Grolier Multimedia Encyclopedia. Scholastic Library Publishing, 2006 <http://gme.grolier.com>
(January 6, 2006).
Vito, Gennaro F., "crime."
Grolier Multimedia Encyclopedia. Scholastic Library Publishing, 2006 <http://gme.grolier.com>
(January 6, 2006). |