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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)).


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