When Screams Are Not Released: A Study of Communication and Consent in Acquaintance Rape Situations

Abstract

This study examines the importance of modes of communication in the context of acquaintance rape, using 96 reported cases of acquaintance rape from a southeastern law enforcement agency. Through the demographic characteristics of each acquaintance rape, as well as the testimonies of the complainants and—in some cases—the accused, this research reveals the way in which victims communicate their responses to these attacks. A typology of modes of communication clearly emerges from these qualitative data. The patterns of communication further underscore the likelihood of passive responses, particularly the complete lack of communication when the victim “freezes.” The implications of such response modes are considered.

KEYWORDS:

• communication
• consent
• rape
• victimology

Notes

Note: Pearson χ² = 2.805, df = 2, p = .037.

Note: Pearson χ² = 1.365, df = 2, p = .015.

Note: Pearson χ² = 10.659, df = 4, p = .007.

Note: Pearson χ² = 5.955, df = 2, p = .034.

This article uses the term victim as opposed to survivor in reference to those attacked in acquaintance rape situations. Some literature suggests using survivor; however, this research considers the process of determining the criminality of the attack, and therefore the roles of victim and accused offender must be identified and discussed.

Although the cases for this study include both acquaintance and dating situations, we use the term acquaintance rape for both situations. Whereas date often carries the connotation of intimate interactions between individuals, the term acquaintance merely suggests an association.

The definition of sexual intercourse (penetration) includes oral sex.

For some cases within this sample in which the victim and accused offender were acquaintances, the rape event was planned in advance and the victim was incapacitated by date rape drugs. This act is similar to stranger rape in that the act is premeditated and it is impossible for the accused offender to obtain consent (Koss and Dinero 1988). For the purposes of this study, these events were considered stranger rapes and were consequently excluded.

This research cannot distinguish between substance use on the part of the victim and the accused. Limitations in the data allowed only the coding of whether or not alcohol was present in the interaction.

Legally speaking, cases involving juveniles could be classified as statutory rape cases; however, this would depend on a variety of factors, including the age of consent in the state, the context of the sexual interaction, and even the discretion of the acting district attorney. Because of this complexity, we included all juvenile cases that corresponded to our working definition of acquaintance rape and that could therefore be legally pursued as such.

Random pseudonyms are used for the victims and accused offenders to simultaneously protect their identities and grant them an identifiable voice.