Average:Your rating: None Average: 4 (2 votes)If you are not aware that the topic of non-consensual ...

1. ***Let’s talk about non-consensual sex
Average:
Your rating: None Average: 4 (2 votes)
If you are not aware that the topic of non-consensual sex has yet again found its way onto the front
page of Pittsburgh's local news, then perhaps you should stop re-watching the Stanley cup finals on
your DVR and check out a newspaper or two. The topic is again, as always, drenched in controversy
and contorted by the gender biases of male verses female sexual stereotypes. The current
conversations, from barrooms to boardrooms, continue to demonstrate the lack of understanding so
many people have regarding non-consensual sex, sexual assault and rape.
First let's clear the air regarding high profile athletes and celebrities and the accusations that can
occur as the culmination of bad situations, bad decisions and a dose of malicious intent. Previous
instances include the Kobe Bryant case and the Duke Lacrosse team. Celebrities and athletes are
highly subject to all kinds of false accusations and frivolous lawsuits ranging from copyright
infringement to criminal activities. Sexually charged accusations are simply another form of these
occurrences. Yet sexual charges, which typically stem from an event that occurred in a private
setting with few to no witnesses, seem to yield a he-said-she-said argument and consequently more
media coverage and open debate, making them more explosive and subject to personal bias and
interpretation. It is important to consider that what happens to celebrities in these situations is not
necessarily representative of what might occur in the general population. It is also worth mentioning
that most people assume that celebrities are less likely to commit rape because "he could have any
girl he wanted, he doesn't need to rape anyone." However, it may be the very consistency of getting
"any girl" one wants that makes that one rare rejection more intolerable and increases the likelihood
of a more violent response such as rape. This possibility may increase when you are dealing with
people who are aggressive and competitive in their very nature.
So what is "rape"? Merriam Webster defines rape as "sexual intercourse forced on a person without
his or her permission." This definition can be easily manipulated by the wide interpretation of the
words force and permission. The legal definition of rape according Pennsylvania law, however,
leaves little to interpretation.
Pennsylvania Consolidated Statutes Crimes and Offenses (Title 18) Part II, chapter 31 states the
following.
A person commits a felony of the first degree when he or she engages in sexual intercourse with a
complainant:
1. By forcible compulsion.
2. By threat of forcible compulsion that would prevent resistance by a person of reasonable
resolution.

2. 3. Who is unconscious or where the person knows that the complainant is unaware that the sexual
intercourse is occurring.
4. Where the person has substantially impaired the complainant's power to appraise or control his or
her conduct by administering or employing, without the knowledge of the complainant, drugs,
intoxicants or other means for the purpose of preventing resistance.
5. Who suffers from a mental disability which renders the complainant incapable of consent.
6. Who is less than 13 years of age.
The word "compulsion" in regards to rape is often misconstrued as physical force or violence in
general discussions. Many people, when hearing the word rape, associate the term with someone
being violently held down against her will, screaming in agony and begging for their perpetrator to
stop. This stereotypical prison scene notion of rape is incorrect as demonstrated in the PA statute's
definition of forcible compulsion, which it defines as, "Compulsion by use of physical, intellectual,
moral, emotional or psychological force, either express or implied." By this definition, a person does
not have to "fight back" when a perpetrator is aggressively pursuing a sexual encounter.
Furthermore, if a woman refuses sex, but is compelled by emotional or psychological force (such as
when a man chastises her for "teasing him" or calls her names), the act may be legally construed as
rape.
The gender biased perception of coerced sexual encounters is also often misunderstood and leads to
inconsistencies on how rapes are viewed. Men often associate the act of rape as something that is
done when a man cannot obtain sex through traditional, consensual encounters (i.e. the
aforementioned "he can get any girl" syndrome). First and foremost, RAPE IS NOT ABOUT GETTING
SEX. Rape is an act of violence that has more to do with dominance and power than it does sex.
If you have never heard this definition of rape before, it is likely that the previous few paragraphs
have provided an expanded view of how your state views the crime of rape. This also would suggest
that, by this definition, rape occurs more often than most would think. In the U.S., 1.3 women are
raped every minute--that's 78 rapes per hour and 1872 rapes each day. The Rape Abuse and Incest
National Network (RAINN) reports that 1 in 6 women will be sexually assaulted in her lifetime.
The Coalition Educating About Sexual Endangerment (CEASE) reports "the U.S. has the world's
highest rape rate of all the countries that publish statistics on rape." CEASE also states that 1 in 12
male students surveyed reported committing acts that met the legal definition of rape, yet 84% of
them felt their acts were "definitely not rape." They also suggest that 75% of male students involved
in acquaintance rape were under the influence of drugs or alcohol and only 16% of all rapes are ever
reported to police.
Since so many people often mischaracterize the type of person who perpetrates rape, it is useful to
examine the traits of U.S. rapists. RAINN cites government statistics stating that the average rapist
is 31, over 50% are white and 34% are intoxicated at the time of the act. Rapists are characterized in
a number of ways by psychologists and doctors, but most agree that they are typically very dominant
with alpha male traits. Not typical of the guy who is regularly shot down after some tawdry pickup
line in a bar. However, a more aggressive demeanor is perhaps in line with the classifications many
would apply to the average athlete.
Buckness University Professor Chris O'Sullivan, Ph.D. studied alleged gang rapes over a 10 year
period and determined that fraternity groups committed the most with athletic teams coming in

3. second. A USA Today article examined 168 sexual assault charges against athletes. Of those
charges, the article reports that only 22 of the cases went to trial and only 6 received convictions.
Yet national statistics show that regular Joe defendants receive over a 50% conviction rate for rape
and 14% for some other crime. Some women feel that rape committed by athletes is a silent terror
because they fear speaking out against a high profile athlete and enduring horrific public scrutiny.
The National Coalition Against Violent Athletes (NCAVA) is an advocacy group that helps rape
victims whose perpetrators are athletes. The group was started by Kathy Redmond, the alleged rape
victim of New York Giants nose tackle Christian Peter , after she received a civil settlement out of
court in 1997.
There is a common tendency to discount an accusation of rape by diminishing the character of the
alleged victim. While some accusations, particularly when high profile celebrities are involved, may
engage a purely false claim of sexual assault as a result of mental health issues or even plain greed,
these instances are not likely to constitute the majority of nearly 250,000 rapes reported each year.
Often victims are labeled as liars, crazy and having mental health problems and regarded as
"obsessed" with their alleged perpetrator. But the NCAVA cites the Federal Bureau of Investigation
with a statement declaring that more people fake their own death than file a false report for sexual
assault. It is important to note that number 5 of that PA statute mentioned earlier suggests that
mental disability may actually reinforce the validity of the charge of rape if it is determined that the
victim was unable to offer consent due to mental incapacity. Regardless of what mental health issues
occur prior to a rape, it is a violent and traumatic act that can result in mental health issues such as
depression, post-traumatic stress disorder, substance abuse and suicidal ideation after an incident
(RAINN).
Today rapes continue to occur at the hands of male perpetrators who are often not aware that they
are committing this illegal act. This is mostly because men still play a very dominant role in sexual
relationships, especially with younger women. Most men cannot empathize with the feeling of being
alone in a room with a man who passive-aggressively ignores light hearted efforts to convey refusal
like "I have to get back" or "I can't my friend is waiting". Many women have reluctantly endured the
"Oh don't be that way, it'll be fun." And the "alright just a little longer and then I'll take you home"
before feeling obligated to comply with a sexual act that was not desired or permitted. But any man
who is not sure as to whether something he has done in the context of a sexual encounter meets the
legal criteria of rape need only make a simple consideration. Imagine the very scenario you were in
but place your daughter in the role of the female and a strange man in the role of yourself. If you
feel that the man in the scenario disregarded your daughter's efforts of dissuasion or the man
unfairly coerced her through implied psychological or emotional force, including calling her a stuck-
up, teasing bitch, then it is very possible that you are legally guilty of rape.
Ultimately, there are a few things we all need to keep in mind when considering and discussing a
sexual assault charge regardless of the case's context. 1) Watch how you view the issue from each
side when discussing it because you never know the background and experiences of the person
sitting next to you, and your harsh criticisms and uninformed judgments can be very hurtful. 2) Just
because a girl is in a hotel room with a big guy does not mean she asked to be raped and is therefore
guilty. 3) Lack of a police report does not mean that someone was not raped, it means that they, like
the more than 80% of rape victims throughout this country, did not file a report for any number of
reasons. 4) Yes there are sick people out there that make false claims against people every day.
These instances are unfair, unfortunate and very damaging to the person they are made against.
However, no one should be quick to assume that every accusation is the result of an insane woman
changing her mind in the morning. 5) Stop calling women who allege rape as crazy, even if they are
lying. Even the women who make false allegations may be greedy, manipulative and con artists, but
that does not make them crazy or mentally unstable. 6) At the end of the day, none of us were there

4. and we all need to consider the sensitivity of the situation for everyone involved.
Author's Bio:Â
Erin McClelland has over 15 years of experience in the addiction field and rancho cucamonga air
conditioning has worked as a counselor, program director, researcher, process improvement
specialist and entrepreneur. She started her career researching alcohol and smoking addiction at
the University of Pittsburgh and substance abuse wrap around services at St. Francis Medical
Center. Her clinical career includes addressing addiction in methadone maintenance programs,
outpatient drug-free programs and specialized services such as women, family and prevention
program development. In 2002, Mrs. McClelland began a private practice in which she developed a
community based prevention program designed to reach parents and educators through school and
community seminars and home sessions. She also began developing a more holistic treatment
approach that included diet and exercise evaluation. As a certified personal trainer and certified
lifestyle and weight management consultant, she believes diet and exercise are paramount to
attaining a true, maintainable recovery. In 2003, she was hired as the Practice Improvement
Collaborative Manager at the Institute of Research Education and Training in Addiction (IRETA). In
her time at IRETA, she was trained by the Pittsburgh Regional Healthcare Initiative (PRHI) to
implement the Toyota Production System in healthcare settings in order to reduce waste and errors
and improve performance. This training consisted of the case method training approach of Harvard
Business School (HBS) and TPS case studies created by HBS professor Steven Spear, who wrote the
first article interpreting the TPS for implementation in the US. In 2006, she conceived and
developed Arche Wellness, the first licensed orthomolecular addiction treatment program in
Pennsylvania. Together with Dr. Ralph A. Miranda, they have created an intense biochemical
recovery approach that begins with the body's fuel system, the gastrointestinal tract. By starting
repair in the GI tract, they are able to quickly and efficiently help their patient's overcome the
severe physical damage caused by years of addiction. The GI concentration in the Arche Wellness
model is now one of the most advanced and intensive addiction treatment processes in the world.
Her experience and unique education in process improvement strategies have helped to make Arche
Wellness a state-of-the art learning organization dedicated to achieving perfect patient care.
Joseph Mchugh Lawyer
Attorney Joseph Mchugh