Objectification of Women: The Impact on Incidents of Rape in America

Kyra Lynch
First Colonial High school
Legal Studies Academy

Abstract
The author of this paper will explain what media objectification is and how it leads to the
negative world that is rape culture. The paper will explain media objectification and how it
connects to sex sells advertising. It will then go on to explain the differences between rape and
sexual assault, and what the effect are of both. Afterwards, it will explain to the reader what rape
myths are and how they connect to victimization and objectification of women. To back up the
information in the paper, the author will add court cases based on a recent incident of rape in
America and overseas as well as a case dealing with a popular business that objectified their
models in advertisements. This will help tie together the conclusion for the paper, showing the
reader how much of an issue media objectification of women is and just how harmful it is to the
legal issue of rape.

Objectification of Women: The Impact on Incidents of Rape in America

There is no doubting or dismissing the solid fact that rape is an issue among all genders
and all walks of life. However, for the sake of this issue solely, it is important to be aware that in
the United States, on average, 1 in 6 women will be the victim of an attempted or completed rape
within their lifetime (Who are the victims?, 2009). Rape, the focus of this topic, is a
subcategory of the broad legal term of sexual assault. The difference between the two being the
specific act done to the victim. When looking into rape cases, professionals look at the reasoning
behind the action, the situation itself, and the outcome. Recently, victimization has been
occurring more often in the world of rape and sexual assault. It is believed by many professionals
within the related fields that victimization is related to how media portrays women.
A common method for businesses to profit from their goods is to market them using sex.
Businesses have always used the concept of sex sells in order to make as much money as they
possibly can. This can lead to ads featuring sexualized naked women, women in sexual
situations, or women accompanied by sexual innuendos. Increasing sexual objectification of
women within modern media skews societal views on the role and importance of women and
leads to an increase in victim-blaming of women in situations of rape.
Media
According to Miriam Webster dictionary, to objectify is to treat a person as an object
("Objectify," 2015). Common media practice over the years has evolved into a platform of
objectification of women in order to gain success. The idea that sex sells has become common
practice, leading to the use of womens bodies solely for advertising based on their physical
appearance and how sexually appealing they are or they can become for the ad. As a result of

this common method for profit, society has begun creating and sharing skewed opinions on how
women are to be viewed and what their importance in society truly is.
Popular businesses and organizations have made themselves stand out due to these new
advertising ploys. The sex sells idea and the massing sexualizing of womens bodies has grown
in popularity when it comes to big businesses and their focus on advertising. Although it leads to
large profits for the business, it does major harm to women both in the ads and in the real world.
Rolling Stone magazine has been putting out their issues for the past few decades now,
starting in 1965 and still going strong today. The main focus of the magazine has always been
put on new bands or singers of the time. Studies have been done on the magazine covers they
have put into circulation throughout the past few decades, and how the stars on them are
portrayed. In most cases, the women who have been put onto their covers are found to be
sexualized more often than men. A recent study was done and found that since the 1960s, famous
women covering the magazine have been sexualized and objectified more in their photoshoots
than men (Hatton & Trautner, 2011). The women were more often photographed half naked or in
revealing clothes, and were usually found in more sexual positions than the men who were
photographed for their covers. In the study, it was found that people responded more often to the
women on the cover, making crude or vulgar remarks about the woman and how they looked in
their photo.
Carls jr. /Hardees is a slowly expanding fast food chain that began in the southern
United States in 1941. They have gained popularity and sales of their burgers by using marketing
ploys such as the sex sells idea in their commercials and advertising. The chain has used
famous, beautiful women such as Kim Kardashian, Paris Hilton, and Heidi Klum in their ads
throughout the last decade to create incredible profit and to gain immense popularity for the

chain. The corporations methods have created controversy, however, due to just how racy the
ads have become. They target the male population of viewers, showing the famous women in
bikinis or overly-revealing clothes modeling on top of cars and eating each of the chains newest
burgers. The ads are seen as unnecessarily sexual only building on the idea that women are
objects and only used for physical appearance rather than for anything else (Davies, 2013).
PETA, People for the Ethical Treatment of Animals, is an organization controlled in Norfolk,
Virginia, that has spent the last 30+ years focused on protecting animals rights. The organization
has spent these 30+ years with controversy at the tail of everything they do, be it for their
methods, beliefs, or just due to peoples concerns about their actions. When it comes to how they
relate to the issue of objectification, their methods for advertising their beliefs and saving
animals can be viewed as unorthodox or inappropriate (8 things you didnt know about
PETA). The organization commonly uses sexual innuendos and/or overly sexualized women on
their billboards or in pamphlets to raise awareness on issues such as going vegetarian, not
wearing fur, or not drinking milk. The women are commonly naked or close to it, or many ads
will insult a natural feature of a womans body in order to build on their ideals of what
vegatarians should do or avoid doing, such as eating meat and getting fat or wearing furs because
of natural body hair ("8 Things You Didn't Know, 2015).
American Apparel has been in the news as of late, due to how they advertise their clothes
and what women they work with in order to do so. There have been several cases of their ads
being taken out of the public eye due to how young their models appear and how sexualized they
are in each shoot. American Apparel commonly has their models show off their clothes in ways
that show off more parts of their bodies than the clothes are on ("American Apparel: A Timeline

of Controversy," 2010). This has caused controversy between the business consumers and by
people on the outside.
Laws and Regulations
According to the board of directors within the American Association of Advertising
Agencies, a major advertising firm responsible for setting ground rules and regulations for major
advertisements going out to the public, Standards of practice are common and must be obeyed by
all companies hoping to continue public advertisements and production. The board of directors
states in a 2011 law revision, that among several other standards, advertising will not be created
or supported that contains statements, suggestions, or pictures offensive to public decency or
minority segments of the population ("Standards of Practice," 2011). The board explains in their
document, that they are aware of differing interpretations of advertising and the methods behind
it; however, the decision will be made in the most ethical way possible. This is important to
halting the production of advertising objectifying the women within it or women in the general
public.
When it comes to content put into advertisements and in front of the public eye that may
be seen as offensive or harmful, many will use the First Amendments and the rights it provides
as a safety net.
The amendment, stating
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances ("First Amendment ," n.d.).

is used in hopes of protecting what is said or portrayed in the advertisement, showing that there
is nothing stopping what is said by advertisers or businesses. However, the Supreme Court has
created a ruling for commercial speech that helps to fill gray areas. Commercial speech is
defined as speech where the speaker is engaged in commerce and the content in the
advertisement is solely commercial. Due to the specific nature and content of commercial
speech, it is not fully protected under the First Amendment like personal speech is. The
commercial speech is to be scrutinized and regulated greatly as it will be in the public eye
("Commercial Speech," n.d.).
Sexual Assault
Sexual Assault is defined as the sexual exploitation, forcible penetration, or an act of
sexual contact on the body of another person, male or female, without his or her consent
("Sexual Assault Prevention," 2015). It is common to hear about cases of both types, rape and
sexual assault of a person. While both are equal in severity, the differing definitions provides
punishments specific to the amount of physical contact made and force involved. The rape crisis
center of New Mexico explains the differences between the two crimes as, Rape is defined as
unwanted penetration, whether that is oral, anal, or vaginal. [While] sexual assault refers to any
unwanted sexual contact, including fondling and molestation ("What Is the Difference?, 2015).
Rape
Rape is defined by the FBI as The carnal knowledge of a person, without the consent of
the victim, including instances where the victim is incapable of giving consent because of his/her
age or because of his/her temporary or permanent mental or physical incapacity ("Frequently,
2014). Dianne Carmody, an ODU Professor with expertise in Criminology/Criminal Justice /
Women's Issues explains the three elements within the subcategory of rape are, penetration

(oral, anal, vaginal), force (or threat of force), and lack of consent (D. Carmody, Personal
communication, December 1, 2015). Appalachian State University describes consent as clear and
voluntary (verbal or physical) permission for another individual to do something that affects the
individual giving consent. Consent is not silence, and should always be given before any sexual
or basic physical actions are completed with a person ("Consent," 2015). When it comes to rape
and avoiding it, it is common to hear and see the phrase no means no. This is important in all
walks of life and rape/ assault especially. This is supposed to be the wall between wanted and
unwanted contact between people. If someone says no to the action being done, or they are not
coherent enough to say anything at all, then anything being done should be stopped immediately,
as there is no consent. This is where the issue can become foggy though, because during the
actual court cases, it can be difficult to prove whether no was stated or consent was given.
Victims and those charged with rape will argue over whether consent was given, and therefore,
whether the sexual act was an act of rape or a consensual one. Those knowledgeable about the
crime and the laws and codes involved with it can maintain clarity of the case and the situation,
making sure those involved are charged for their actions or freed for their lack thereof.
Legal Code
Virginia Code 18.2-61 for crimes falling under the category of rape says that
If any person has sexual intercourse with a complaining witness, whether or not his or her
spouse, or causes a complaining witness, whether or not his or her spouse, to engage in
sexual intercourse with any other person and such act is accomplished (i) against
the complaining witnesss will, by force, threat or intimidation of or against
the complaining witness or another person; or (ii) through the use of the complaining

witnesss mental incapacity or physical helplessness; or (iii) with a child under age 13 as
the victim, he or she shall be guilty of rape (Jaquith, 2013).
Anyone found guilty of raping another will be arrested and the consequence for breaking this law
can lead to being in prison for at least five years. However, it is not impossible for the offender to
be sentenced to over ten years, and in extreme cases, life (Jaquith, 2013).
Effects
According to RAINN: the Rape, Abuse, & Incest Nation Network, victims of rape are
three times more likely to suffer from depression and four times more likely to contemplate
suicide. In a country where suicide is already occurring at a rate of about 13 deaths per 100,000,
this is a major issue that should be controlled ("Depression," 2015). It is difficult to help a rape
or sexual assault victim due to how afraid and lonely they feel every day after their event. It is
very common for victims to have to endure Post Traumatic Stress Disorder that can be triggered
by just going outside or near where the situation took place. Victims are six times more likely to
deal with this after being assaulted, and must attend therapy sessions and take medications in
order to help deal with or stop it ("Who Are the Victims?," 2009). Being a victim of rape
completely changes someones life and makes it difficult to live a normal life like they did
previously. It takes time and perseverance to become who they once were, or anywhere close to
it.
Every state in the United States has several rape crisis centers and shelters for women
who need a safe, comfortable place to go after they are involved in a rape or any form of abuse.
In Virginia alone, there are over forty sexual assault crisis centers or organizations that are
willing and able to help. Some are actual locations, while others are based online, ready to call or

chat with victims who may not be ready or have the means to speak to a professional about what
they have suffered ("Virginia rape & sexual assault resources, 2011).
Rape Myths
As rape continues to be a major issue in the United States, for both men and women,
stigmas and an all-encompassing culture continue to grow. However, the stigmas between
genders differ. Men are viewed as weak for becoming a victim to rape, especially if the offender
is a woman. This leads to being seen as unmanly as well, because they did not want the sexual
acts to occur. However, women are very quick to be judged or blamed for what they were
wearing or what situation they were in that caused them to be raped rather than being seen as the
complete victim who requires legal or emotional assistance. This idea of victimization comes
from societys growing creation and belief of rape myths. Rape myths are the root of all victim
blaming and victimization in cases of rape and sexual assault. Based off of the knowledge from
her field, Dr. Carmody shares that rape myths are widely held, false beliefs about rape, rapists,
and rape victims (D. Carmody, Personal communication, December 1, 2015). The myths lead to
the invalidation of a rape case and decrease the extremity of the offenders action. All rape myths
can be disproven by facts and data if enough effort is put into them, quickly bringing back
support for the victim and recreating awareness for the crime. Some of the most commonly heard
rape myths are explained and disproven by the sociology department at the University of
Minnesota Duluth. The University provided the myth that no one can be raped against their will,
that if they wanted to prevent it, they would. The members of the sociology department
disproved this by stating that in 1991, 74% of reported rapes in Orange county involved physical
force or threats of it, and 14% of reports involved the use of a weapon (Hamlin, 2001). Victims
of rape try their best to fight back, if they can. In the cases where the offender has a weapon or

makes a serious threat, many victims will stop themselves in order to ensure they are not harmed
further and to ensure that they can get away afterwards. On the other hand, even if a weapon is
not involved, women victims in many cases, are much weaker than their rapists, and are not
physically able to fight back or get away.
Cases
Rape
In 2014, a case was taken to the Norfolk, Virginia circuit court between a plaintiff and
Virginia Wesleyan College. The plaintiff in the case was a female student who was suing the
college after she was raped by another student on her third day of class freshman year in August
2012. The plaintiff attended a school-sponsored party, and was among several underage students
who were given alcohol by a staff member in charge of keeping the event under control and
everyone safe. On her way back from it was taken advantage of sexually by another student who
was supposed to help her back to her dorm. The plaintiff was intoxicated and also thought she
had been drugged at some point in the night, making it difficult to get back to her dorm on her
own. Therefore, it was also difficult for her to fight off the student who raped her.
After the brutal crime occurred, the plaintiff took herself back to her dorm, walking in
front of several students, faculty, and security guards covered in her own blood; it was very
obvious she was not okay, however no member of the school stopped to assist her. The plaintiff
did not report the rape and only spoke to someone about her physical state two weeks later when
she went to the colleges nurse. The nurse disregarded all information on the rape and only
advised the plaintiff to go to Patient First to get checked for any diseases. She was then told to go
speak to a counselor who also disregarded to situation and gave her no information on what she

should do or how she could be helped. As this was going on, her rapist was still on campus as
before, and no legal actions were taken.
A year later, the case had finally gone public and was taken to court. Finally, the student
who raped the plaintiff was kicked out of school, only to have this outcome overturned when he
was sent a letter explaining that his leaving would be labeled in the system as withdrawal in
order to allow him to go to another school and continue playing sports ("Rape Lawsuit against
Virginia Wesleyan College," 2014). The college did not want to ruin any of the students chances
to continue playing NCAA Lacrosse in another school, and did not want to hurt any popularity
he had gained while playing for the school. They wanted to keep his life as similar to before as
possible, while the victim was still living in constant fear, as most rape victims do.
After the plaintiff took this case to court and tried to sue the college for their negligence,
the college and their lawyers came back with their own defenses trying to avoid all consequences
and damage to their image. The colleges lawyers attempted to use the defense that they could
not be held responsible for the victims rape, because she was intoxicated. This is the most
common defense in a rape case and has a large hold on rape culture due to it being such a major
factor of victim blaming. Instead of putting the blame on the rapist and his actions, the school
wanted to blame the plaintiff for being intoxicated and putting herself into a bad situation. The
college also requested the plaintiffs prior sexual history in order to prove whether or not she was
a virgin at the time of her assault. This was requested in hopes of proving that the plaintiff was
promiscuous and that the rape was not in fact rape, but consensual. However, thanks to the
United States rape shield law created in 1974 (Rape shield law, 2015), and article 18.2-67.7
of the Code of Virginia stating, general reputation or opinion evidence of the complaining
witness's unchaste character or prior sexual conduct shall not be admitted (" 18.2-67.7," 2015)

it was not possible for that information to be admitted into the case as evidence to close the case
and drop charges. Due to the objectifying and victimizing nature of those involved in rape and
sexual assault cases, there will always be an attempt to invalidate of blame the victim for what
happened to them rather than blaming and punishing the rapist.
Rape Overseas
In 2012, a gang rape occurred in India, resulting in the death of a twenty three year old,
female victim. The victim was coming home from a night out with one of her close friends, when
a group of six men offered them a ride back to their homes on their mini-bus. During the ride, the
woman was raped and beaten with iron bars by the six men while her male friend was brutally
beaten up as well. Two weeks later, the victim passed away due to how serious her injuries were,
although her friend is still alive. The six men were arrested and charged with murder, as they are
seen as responsible for the womans death. They have also each been charged with rape and
assault. One of the rapists out of the six awaiting their appeals case in prison has spoken out to
news channels and expressed his extreme views against the case and his charges. This case
shows victimization on the international spectrum, allowing comparison between how cases are
handled in the United States and how they are handled in other countries. In India especially,
cases are handled less fairly than they are here due to how strict society is. Although there is still
a lack of appropriate action in the United States. One of the rapists involved in this case in India,
has become more well-known than the others due to how strongly he is sticking to his innocence
during his death penalty appeals case. In a prison interview with BBC (the British Broadcasting
Corporation), Mukesh Singh explained that he does not see himself as guilty, because the woman
was to blame. He stated, A decent girl won't roam around at 9 o'clock at night. A girl is far more
responsible for rape than a boy (Freeman, 2015). For Singh to express his feelings on his

innocence the way he did, and for a lawyer to share the same beliefs in order to defend him and
his five friends, there would have to be a common belief of everyone where he has spent his
entire life. Due to the fact that this case occurred in India, Singhs views are not unusual. Indian
society shares the belief of the strict and closed off lives Indian women should live. In another
part of Singhs interview, he expressed how he was raised by explaining to the interviewer that if
his sister or daughter were to dress and go out as the victim did, he would have no moral problem
with taking her to his farmhouse, and in front of my entire family, I would put petrol on her and
set her alight" (Freeman, 2015). Compared to American views, this is extreme and there is a
strong disconnect between how women are viewed here and in other countries such as India.
However, there is still a need for better treatment of women in all parts of the world, because
nothing is at the moral standard it should be.

Media
Popular retail business, American Apparel, as common in the news as of late for their
advertising struggles was taken to court in 2012 in regards to their ads for a specific type of shirt
they were hoping to sell. The issues the company was taken to court for, were that the models
used in the ads looked well under sixteen years of age, and these girls were modeling the clothes
in overtly sexual ("ASA Ruling on American Apparel," 2015) ways that showed private body
parts on a site that was highly trafficked by children and families looking to purchase. The
company told the Advertising Standards Authority in the case that they saw nothing wrong with
their ads and believed they represented the pieces of clothing appropriately. Both issues with the
advertisements were upheld in the case, due to the shared belief that the images were provocative

and offensive. As punishment, the images had to be taken off of the website and were to be
redone without sexualizing underage models ("ASA Ruling on American Apparel," 2015).
This case is just one instance of a rampant issue in the advertising world. Unlike this one,
however, many are not handled this well, and many advertisements remain in the public eye
having negative effects on viewers, especially women. This case shows how oblivious many are
to the over-sexualization of women. The company believed there was nothing wrong with their
images that showed the models breasts clearly, and were ignorant still to how wrong it was to
publicize images that showed the breasts of underage models.
Conclusion
This ignorance is grasped by the public and shared quickly as many will not see anything
wrong with sexualizing women or even young girls, because they see it online or in magazine
ads. It is quick to spread and harms female populations when they want to be treated just as
anyone else, but are treated mainly as sexual objects or solely based on how they look. These
views lead to the rape cases where it is deemed necessary to see the victims sexual history,
because it is a shared belief that the victims sex life decides whether they wanted the assault or
not. It is difficult to prove a rapist guilty when the people responsible for prosecuting them are
only focusing on the life and actions of the victim. It is difficult to close a case when the court
wants to only focus on what the rape victim was wearing, how much they had to drink, or what
they were wearing. Today, thanks to sex sells advertising and objectification, women are
becoming viewed more and more as objects rather than people, invalidating the unfortunate and
life-threatening cases of rape. Societys views have been skewed badly, ensuring the focus is
only on how attractive a woman is, and not on how brutal and wrong the act of a rapist was.
Media objectification is helping businesses make money while hurting the women they objectify

in their ads, giving them a disadvantage in life and telling them that they are not important when
they are raped, but matter only when a burger needs to be modeled in a commercial.

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