Societal Approach to Sexual Harassment and Assault

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Introduction

Society perceives sexual harassment and assault in a manner that it should not. The law is clear as to what constitutes sexual assault. However, it may be difficult to prove sexual assault as a result of various circumstances.

Normalization of Sexual Harassment

Society has normalized sexual harassment. Amanda says that it was normal for boys to ask girls for nudes. She says that boys asked Audrie for nudes because she was one of the more developed girls in her grade and had bigger breasts. Boys didn’t ask Amanda for nudes because she was a late bloomer who had small breasts. Some girls even sent full-body nudes. Society doesn’t view solicitation of nude pictures as something wrong that would amount to harassment. 

Blame on the Victim

Society places the blame on the victim. John R says that he and Audrie were so used to each other that they would draw on their faces. He went ahead and took advantage of Audrie. Audrie hosted a party with Amanda, and she became messed up. She was out of control. John R took it as an opportune time to draw on Audrie using markers. John R said that he and his friends colored half of Audrie’s face black and colored all over her body. They lifted her bra and drew on her breasts. They also drew the word ‘harder’ on her leg. They added an arrow to her vagina. On Audrie’s back, they drew ‘anal’ and an arrow down to her buttocks. John R’s friends told him that there was something like a marker inside Audrie and that John R should go and check. John R ended up putting his fingers inside Audrie. John B said that he saw John R putting his finger inside Audrie. John B said that Audrie enjoyed being fingered by John R. He says that Audrie kept saying ‘harder’ and that she liked it. John R and his friends then took pictures of Audrie’s body, and they were circulated around the school. People started ridiculing Audrie because of the pictures. She got a bad reputation. She felt like the world had ended for her. Instead of viewing Audrie as a victim of sexual assault, people started ridiculing her. She did not want to be drawn all over her body and have her naked pictures taken and circulated around the whole school. It happened to her when she had passed out. Victims of sexual assault feel bad when they face ridicule as a result of a crime committed against them. Audrie became withdrawn and started spending time alone on her computer. Eventually, she committed suicide. 

Traumatic Effect of Cyberbullying

Everyone seems to be on social media. Some people use social media as a tool to bully others. More specifically, people use social media as a tool to make fun of and ridicule others by sharing pictures and videos that people would not ideally want them shared with the world. As a result, victims end up feeling afraid and shameful of something that was not their fault. Society is ruthless. When victims of sexual assault and harassment try to open up and talk about the issue, they lack support from society. With time, society avoids talking about the issue, but the problem is that the internet never forgets. Victims are left with lifetime psychological trauma (Thornhill & Thornhill, 1990).

Legal Aspect of Rape

For one to prove rape in a court of law, there are certain elements that must be shown to exist. They include penetration, lack of spousal relationship, lack of consent, force and resistance, and intention and knowledge of wrongdoing (Kilpatrick, Resnick, Ruggiero, Conoscenti, & McCauley, 2007). Matt admitted that he had sex with Daisy during the party. He said that Daisy did not object or stop him from having sex with her and that she was not drunk. Matt admitted knowing that Daisy was a minor. There is a lack of a spousal relationship since Matt and Daisy were not spouses. There is penetration. Matt admitted that he penetrated Daisy. There is intention and knowledge of wrongdoing. Matt says that he wanted to have sex with Daisy and that he knew that he was having sex with Daisy at that moment. It is difficult to conclude whether there was a lack of consent and the use of force. Jordan Zech took a video of Matt having sex with Daisy on Nick Groumoutis’s phone. Unfortunately, Nick Groumoutis deleted the video, and it could not be recovered. The video would have shown whether there was a lack of consent and the use of force. With the video lacking, it is impossible to conclude that rape occurred. This is because two elements of rape cannot be proved. The assertion that it is the duty of lawyers to determine what constitutes rape is false. The duty of making the law rests with the legislature while that of interpreting the law rests with the judiciary (Sunstein, 1989). It is the duty of courts to determine what constitutes rape. Courts have done this in many cases. It is up to citizens to familiarize themselves with various provisions of the law concerning rape. Ignorance of the law is not a defense. Rape is a crime in all jurisdictions. The elements of rape also apply in all jurisdictions. However, in some states, there is a need to distinguish between vaginal, anal, and oral sex. The age of consent is also different in some states. Citizens should be familiar with the applicable law in their state. The burden of proof in criminal cases, including rape, rests with the prosecution. The standard of proof in criminal cases is beyond reasonable proof. In the case of rape, all five elements must be proved. Failure to prove even a single one of them would result in dismissal of the case and acquittal of the defendant. 

The Right to Privacy

Digital manufacturers should not be compelled to develop software that can retrieve private or deleted files. It goes down to the privacy rights of consumers. Consumers have the right to choose what stays on their phones or computers and what does not stay. Compelling digital manufacturers to develop software that can retrieve private or deleted files is an infringement of this right (Ohlhausen & Okuliar, 2015). It would mean that consumers do not have a say on what stays on their phones or computers because it would not be possible to completely delete anything. When someone decides to delete anything on their phone, they usually have a reason for it. It could be because they would not want some private files or media to get into the wrong hands. The effects would be adverse if it happened. With the delete feature, consumers have the freedom to choose what goes into the world and what the world should not get to see at any time. Compelling digital manufacturers to develop software that can retrieve private or deleted files amounts to taking away this freedom from consumers. It would mean that manufacturers have access to information that consumers would ideally not want them to have. There are different kinds of manufacturers: those that have software that can retrieve private or deleted files; and those that do not have this kind of software. Consumers should know which kind of manufacturer makes their phones or computers so that they have an idea of what happens to their private files or media when they delete them. People are different. There are those who wish to permanently erase files or media from their phones whenever they press the ‘Delete’ button. There are those who sometimes wish to recover what they deleted; maybe they deleted by accident. Both have options in the market. Those who wish to permanently erase files or media from their phones whenever they press ‘Delete’ can go for products manufactured by Apple. Apple smartphones erase stuff completely from the face of the earth when the owner presses the ‘Delete’ button. Those who would sometimes wish to recover what they deleted from their phones can go for phones that run on the Android operating system. Unlike Apple smartphones, Android smartphones do not completely delete stuff when the owner presses the ‘Delete’ button. The status quo whereby manufacturers choose whether to develop software that can retrieve private or deleted files should remain. This is because consumer needs are different. The freedom of manufacturers to choose whether to develop such software gives consumers the opportunity to choose their desired product.

Conclusion

Society should not ridicule or shame victims of sexual harassment and assault. They should be counseled to mitigate the psychological effects of their horrific ordeals. In pursuing perpetrators of these crimes, it is important to properly follow the law without infringing on the rights of other people.

References

Kilpatrick, D. G., Resnick, H. S., Ruggiero, K. J., Conoscenti, L. M., & McCauley, J. (2007). Drug-facilitated, Incapacitated, and Forcible Rape: A National Study. Charleston: U.S. Department of Justice.

Ohlhausen, M. K., & Okuliar, A. P. (2015). Competition, Consumer Protection, and the Right (Approach) to Privacy. Antitrust Law Journal, 121-156.

Sunstein, C. R. (1989). Interpreting Statutes in the Regulatory State. Harvard Law Review, 405-508.

Thornhill, N. W., & Thornhill, R. (1990). An Evolutionary Analysis of Psychological Pain Following Rape. Ethology and Sociobiology, 155-176.

 

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