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Sleep-facilitated sexual assault: An analysis of case data featuring female and male victims of rape

Rumney, Philip N S; Mcphee, Duncan

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Authors

Philip N S Rumney



Abstract

This note addresses a form of rape that is neglected in the scholarly literature. This form of offending occurs when a male uses his penis to vaginally, orally or anally penetrate a female or male who is sleeping at the time of the penetration. The data on which this note is based is gathered from a total sample of 441 police rape investigation case files, from which 39 of these sleep cases are identified. The note examines some of the characteristics of these cases, investigative trajectories through the criminal justice process and the behaviour of suspects. Given the neglect with which this issue has been treated, it is argued that further research would be beneficial so as to improve our understanding of the rape of those who are sleeping and the criminal justice and police response to this problem.

Citation

Rumney, P. N. S., & Mcphee, D. (2022). Sleep-facilitated sexual assault: An analysis of case data featuring female and male victims of rape. Amicus Curiae, 4(1),

Journal Article Type Article
Acceptance Date Sep 15, 2022
Online Publication Date Nov 7, 2022
Publication Date Nov 7, 2022
Deposit Date Oct 19, 2022
Publicly Available Date Dec 16, 2022
Journal Amicus Curiae
Electronic ISSN 2048-481X
Peer Reviewed Peer Reviewed
Volume 4
Issue 1
Series Title Series 1
Keywords rape; victims; suspects; sleep; police investigations
Public URL https://uwe-repository.worktribe.com/output/10098703
Publisher URL https://journals.sas.ac.uk/amicus/article/download/5500/5256/
Related Public URLs https://journals.sas.ac.uk/amicus/issue/view/595

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Sleep-facilitated sexual assault: An analysis of case data featuring female and male victims of rape (104 Kb)
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Copyright Statement
This is the author’s accepted manuscript. The final published version is available here: https://journals.sas.ac.uk/amicus/article/download/5500/5256/

Amicus Curiae is published online three times a year by the Institute of Advanced Legal Studies. The journal is open access and free of charge. Providing immediate and full open access to all of its contents, including an archive of past issues from 1997 onwards, is a policy given additional emphasis in the New Series (commencing autumn 2019) and is based on the principle that making research freely available to the public encourages a greater exchange of knowledge and mutual understanding. It also demonstrates the firm commitment of the Institute of Advanced Legal Studies to furthering open access as a member of the worldwide Free Access to Law Movement (FALM). FALM is an international voluntary association of over 50 member institutes and organizations around the world which subscribe to the Declaration on Free Access to Law and collaborate in the free provision of legal information and on global policy issues. Member organizations based in many important jurisdiction and regions around the world are also listed on the members page. The Declaration stresses that public legal information from all countries and international institutions is part of the common heritage of humanity, that maximizing access to this information promotes justice and the rule of law, and that public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge.


Sleep-facilitated sexual assault: An analysis of case data featuring female and male victims of rape (194 Kb)
PDF

Licence
http://creativecommons.org/licenses/by/4.0/

Publisher Licence URL
http://creativecommons.org/licenses/by/4.0/

Copyright Statement
This is the author’s accepted manuscript. The final published version is available here: https://journals.sas.ac.uk/amicus/article/download/5500/5256/

Amicus Curiae is published online three times a year by the Institute of Advanced Legal Studies. The journal is open access and free of charge. Providing immediate and full open access to all of its contents, including an archive of past issues from 1997 onwards, is a policy given additional emphasis in the New Series (commencing autumn 2019) and is based on the principle that making research freely available to the public encourages a greater exchange of knowledge and mutual understanding. It also demonstrates the firm commitment of the Institute of Advanced Legal Studies to furthering open access as a member of the worldwide Free Access to Law Movement (FALM). FALM is an international voluntary association of over 50 member institutes and organizations around the world which subscribe to the Declaration on Free Access to Law and collaborate in the free provision of legal information and on global policy issues. Member organizations based in many important jurisdiction and regions around the world are also listed on the members page. The Declaration stresses that public legal information from all countries and international institutions is part of the common heritage of humanity, that maximizing access to this information promotes justice and the rule of law, and that public legal information is digital common property and should be accessible to all on a non-profit basis and free of charge.




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