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60 Hastings L.J. 605 (2008-2009)
Male Rape and Human Rights

handle is hein.journals/hastlj60 and id is 623 raw text is: Male Rape and Human Rights LARA STEMPLE* INTRODUCTION For the last few decades, the prevailing approach to sexual violence in international human rights instruments has focused virtually exclusively on the abuse of women and girls. In the meantime, sexual violence against males continues to flourish in prison and other forms of detention.' Men have been abused and sexually humiliated during situations of armed conflict, such as the highly publicized Abu Ghraib scandal in Iraq.2 Childhood sexual abuse of boys is alarmingly common; in fact, the vast majority of those abused at the hands of Roman Catholic clergy in the United States were boys? And sexual assault against gay men remains unchecked due to assumptions that, as was once commonly assumed about women, gay men who have been raped must have asked for it.4 In Part I of this Article, I discuss the phenomenon of male rape, summarizing research data about the problem and exploring various contexts in which it occurs. In Part II, I show that numerous instruments in the human rights canon, including U.N. treaties, resolutions, consensus documents, and general comments address sexual violence while * Director of Graduate Studies, UCLA School of Law. This paper was written with the support of a Rockefeller Postdoctoral Fellowship at the Program for the Study of Sexuality, Gender, Health and Human Rights, Columbia University. I. See ALLEN J. BECK & PAIGE M. HARRISON, U.S. DEP'T OF JUSTICE, PUBL'N No. NCJ 214646, SEXUAL VIOLENCE REPORTED BY CORRECTIONAL AUTHORITIES, 2005, at 6 (2oo6). 2. See ANTHONY R. JONES & GEORGE R. FAY, AR 15-6 INVESTIOATION OF THE ABU GHRAIB DETENTION FACILITY AND 205TH MILITARY INTELLIGENCE BRIGADE 68-69 (2005), available at http://www.globalsecurity.org/intelllibrary/reportS/2004/intell-abu-ghraib-ar'5-6.pdf. 3. JOHN JAY COLL. OF CRIMINAL JUSTICE, THE NATURE AND SCOPE OF THE PROBLEM OF SEXUAL ABUSE OF MINORS BY CATHOLIC PRIESTS AND DEACONS IN THE UNITED STATES 9 (2002), available at http://www.usccb.org/nrb/johnjaystudy/ (follow Executive Summary hyperlink) (reporting that 8s % of those sexually abused were boys). 4. Anna Wakelin & Karen M. Long, Effects of Victim Gender and Sexuality on Attributions of Blame to Rape Victims, 49 SEX ROLES 479, 485 (2003), available at http://www.findarticles.com/ p/articles/mi m2294/is 9-IO_49/aii 1O813269 (It is not surprising that gay male or heterosexual female victims are seen as having more unconscious desire, given that stereotypes of rape victims portray heterosexual women as wanting rape and homosexual men as asking for rape. (citation omitted)). [6051

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