Sexual violence is a common human rights violation around the world. It concerns the safety and freedom of the individual subjected to this kind of torture. Sexual abuse refers to conduct or action done with the intent or perceived to be done with the intent to cause physical harm to a person or more persons. In most cases, the victims are women who have been sexually abused by a single man or group. Sexual abuse can result in long-term physical and emotional health problems. Some victims may experience mental exhaustion, leading to suicide. Thus, the problem of sexual violence is relevant and should be reviewed from the point of view of legal norms. At the same time, sexual violence can include domestic violence, rape and any type of sexual crime.
Domestic violence is a significant problem in today’s world and needs to be addressed. Domestic violence is often not seen as a flagrant and repetitive offence. The vast majority of offenders are males, which is explained by the prolonged inequality of men and women in society. Despite the fact that women are now almost equal to men, more cases of physical and sexual violence continue to occur in families. Modern theory considers violence as a complex problem, in which there are political, cultural, psychological, and economic aspects. Thus, violence still poses a challenge to society and a threat to many families.
It should be noted that one of the main features can be identified in domestic violence. In today’s world, domestic violence is clearly demarcated in accordance with the gender issues of the society. Thus, it is important to say that the vast majority of the victims are female. For example, statistics compiled from surveys of women and men, data from judicial databases and police reports show that women are the victims of aggression in 90 to 96 percent of cases of domestic violence (Clifford & Feigh 2022). A side problem is that more than one person is the victim in domestic violence.
Despite the fact that in some cases domestic violence is directed at one person, other family members become indirect victims, involuntarily transferring situations to themselves. This may be referred to as “secondary victimization,” which consists in witnesses of violence experiencing the same psychological consequences that the victim experiences. Domestic violence is a particularly difficult psycho-emotional test for children when they see their father bullying their mother.
An important feature of domestic violence is the fact that the wrongful fact is a recurring incident. At the same time, the offender gives multiple reasons that can justify his actions, but they have nothing to do with the real state of affairs in the family. Sexual abuse is distinguished by repeated sexual pressure on a partner, coercion into sexual intercourse through physical threats or blackmail, and rape.
Additionally, the problem of sexual violence in the family is exacerbated due to social stereotypes in society. In many countries, people point out that sexual violence between husband and wife is impossible (Yukseloglu, 2019). Many people often understand marriage as the unconditional authority of a man and his right to use physical force in cases where the spouse refuses voluntary sexual intercourse. At the same time, sexual violence has a detrimental effect on the psychological health of the couple’s children, which leads them to the inability to build their own family.
However, it is not only domestic violence that poses a threat to society, as rape is a common problem. In today’s world, rape is the most dangerous and most common of sexual crimes. At the same time, sexual rape is most often accompanied by the use of physical violence in the form of beatings, strangulation and infliction of physical injuries of varying severity. The helpless state of the victim of violence is characterized by their inability to understand the meaning of the offense being committed and the actions of the rapist in relation to their sexual integrity. Moreover, the inability to resist the intruder due to a number of reasons refers to the concept of helplessness. Such a condition can occur due to physical handicaps, loss of consciousness, mental disorders, as well as due to young age.
The motive for committing a crime is the desire to satisfy sexual passion by violent means. However, it is important to consider the fact that often the goal of the subject is to satisfy the need for revenge from his victim (Dworkin, 2020). The objective side of rape should be considered as sexual intercourse against the will of another person. Speaking about the helpless state caused by a young age, one must remember that, first of all, the level of a person’s spiritual development, his ability to reasonably evaluate sexual relations are of great importance. Moreover, it includes physical weakness, fearfulness, which impede the possibility of confronting rude actions on the part of adults.
Additionally, an important topic in the issue of sexual assault is the commission of sexual crimes. Crimes against sexual inviolability in criminal law are considered as a group of crimes that grossly and inhumanly encroach on freedom of choice, a sense of security and the basic principles of sexual morality in the established way of life in society (Dietz, 2020). This concept includes indecent acts, coercion to have sex, an assault on sexual integrity. Indecent acts can be of a diverse nature of sexual orientation
Orientation to the punitive function of the law cannot provide a full guarantee of the protection of the victim from the commission of sexual crimes. To solve these difficulties, it is worth choosing an integrated approach aimed at safety in the family and society. This may include psychological programs to help victims of violence and their family members and correction programs for the offender (Thurston et al., 2019). This requires the joint work of various structures, including courts, human rights services and public organizations.
In conclusion, it must be said that the problem of sexual violence has been solved for many centuries in all countries of the world. Due to it, disharmony in relations between people is still noted in society. The severity of this problem indicates an unhealthy social and moral situation. Sexual violence often affects women and destroys their mental and physical health. At the same time, not only women suffer from violent actions, but their children, whose emotional state is reflected in the offense that has occurred. In modern society, the problem is still relevant and requires integrated approaches to solve. At the same time, it should be taken into account that it is important to carry out not only complex measures, but active support work of organizations belonging to different departments of state structures.
Clifford, M., & Feigh, A. (2022). Sex crimes and offenders: Exploring questions of character and culture. Rowman & Littlefield.
Dietz, P. (2020). Denial and minimization among sex offenders. Behavioral Sciences & The Law, 38(6), 571-585.
Dworkin, E. R. (2020). Risk for mental disorders associated with sexual assault: A meta-analysis. Trauma, Violence, & Abuse, 21(5), 1011-1028.
Thurston, R. C., Chang, Y., Matthews, K. A., Von Känel, R., & Koenen, K. (2019). Association of sexual harassment and sexual assault with midlife women’s mental and physical health. JAMA Internal Medicine, 179(1), 48-53.
Yukseloglu, E. H., Comert, I. T., & Ugras, S. D. (2020). A review of crime-scene examination and the forensic investigation process in sexual crimes: the example of Turkey. Forensic Research & Criminology International Journal, 8(6), 228-231.