January 9, 2011
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Rape: Pulling off A Hijab
You know we have several women on xanga who wear the hijab.
This got me thinking about if someone were to pull the hijab off, if it would be rape or at least sexual assault. If a woman was wearing a bikini and someone just pulled off the bikini, it would be rape or sexual assault. If a guy held a woman down and forced the woman’s shirt off, we might charge him with rape or sexual assault.
If a guy pulls the hijab off a woman, is he guilty of rape/sexual assault?
Comments (76)
Hmm… Assault at least.
Rape? No.
assault.
Assault, yes.
Assault I would say; causes mental distress.
assault definitely and perhaps civil rights violations
Assault.
I honestly don’t know.
depends on context. I would have to ask Tukha; but I think that within the context of their beliefs, tearing off their hijaab might make them feel as violated as if they had been raped.
Agreed with the above.
Assault and battery. You’d never call it rape to rip off a woman’s bikini. Rape involves sexual dominance through either forcible oral, anal or vaginal sex, or forced masturbation. Assault is less about sexual release than humiliation, intimidation and pain.
That is a battery. A battery is the use of force against another, resulting in harmful or offensive contact.
A rape is an assault by a person involving sexual intercourse with another person without that person’s consent
Therefore it would be ridiculous to call that rape. I wouldn’t even call that a sexual assault (depending on the intent). What you described is better defined as a battery.
not rape but more then just battery
I’d have to say Assault.
@ The_Innocents_Corner agreed with
Rape No ….Assult Yes without a doubt
Interesting question. I don’t think it would be considered rape…probably more so assault.
Sexual Assault I beleive rape requires penetration
Assault.
I don’t think pulling off a woman’s bikini would count as a rape. Sexual assault, perhaps, but it’s kind of a stretch to call that rape. Last time I checked, rape required the involvement of genitals. If a man pulled off a woman’s bikini or shirt, but never touched her genitals or forced her to touch his, that would not be a rape.
Pulling off a hijaab is probably more like a hate crime than a sex crime, though there’s a definite sexual element since it’s something that only women wear. I think the laws about that would vary between countries. I don’t think even very strict Muslims would consider the hair to be part of the genitals. But I could be wrong.
@squeakysoul - @leaflesstree - agreed!
Its kinda lame out people throw around the word “rape” a lot these days.
Our laws apply to everyone equally and do not change depending on the victim’s religious beliefs.
Although all these definitions vary state by state, Intentionally removing someone’s clothing would be battery.
For sexual assault there needs to an unwanted sexual act (even forcing the person to pose naked). Technically, rape is a kind of Sexual assault and most states break it down into first degree (forcing an unwanted sexual act with a gun, bodily force, or with a minor), second degree (say getting someone plastered and having sex with them…still huge sentence but not first degree)…etc. etc.
Not rape, because there’s no sex involved. But I’d probably call it assault, and violating the woman’s religious rights.
rape1
/reɪp/ Show IPAnoun, verb, raped, rap·ing.
–noun
1.
the unlawful compelling of a woman through physical force or duress to have sexual intercourse.
2.
any act of sexual intercourse that is forced upon a person.
3.
statutory rape.
4.
an act of plunder, violent seizure, or abuse; despoliation; violation: the rape of the countryside.
5.
Archaic . the act of seizing and carrying off by force.
–verb (used with object)
6.
to force to have sexual intercourse.
7.
to plunder (a place); despoil.
8.
to seize, take, or carry off by force.
–verb (used without object)
9.
to commit rape.
It could fall under the umbrella of the word rape but I agree with many of the above commenters who say assault & battery since we equate rape with physical sexual abuse.
It would be a violation of rights and perhaps an assault. Also depends on the woman and whether or not she feels extremely threatened or just insulted. The degrees vary in how much she will feel exposed. A very religious Muslim woman would suffer more than one who was raised sporting the Hejab but is less inclined to the practice of Islam.
devout muslims are very sensitive about that sort of thing. a coworker i know once reacted very adversely to my shaking her hand. only their husbands are allowed such familiar gestures. now i’m informed.
In many societies, it would probably be a capital crime. In the United States it would probably be a hate crime. Anywhere in the world…..a damn stupid thing to do!
so the Bureau of Motor Vehicles requires a woman to remove the Hijab for a drivers license photo…is that assault or a violation of civil rights?
Not rape, sexual assault.
Assault in the U.S., but maybe in Middle Eastern countries it may be both rape and assault.
I’d say it’s assault, but not rape
I think rape is only involving sexual intercourse, whether it be orally, anally, or vaginally. Or by sodomizing someone. Other than that, it is assault.
It would be an assault. Why would anyone want to do such a thing? It is just as wrong to force them not to wear one as it would be for them to force others to wear it.
I’m going with assault
Definitely assault. The hijab is supposed to protect a woman’s modesty, so I’m sure she would feel embarrassed, humiliated and sexually violated (especially if the person pulling off her covering was a stranger to her), but it’s not necessarily rape.
I recall an incident shortly after 9/11 in which a muslim woman was detained at an airport and taken to another room, where she was forced to remove her hijab and submit to a search. She was tremendously embarrassed and the men who were traveling with her suggested that she sue the airline, but I think she declined. I’ll have to look it up.
Forcible removing of the hijab is, as I understand it, a very big deal.
sexual assault – in all cases. Rape - not in any of the given cases cases
Probably.
Not if it was on fire though
Assault
assault and could be classified as crime
I would say assault.
In an Islamic context, I would consider it rape, even though I can see how in secular society it would be considered assault. A hijab is a part of a woman’s life/haya (modesty) and to some it would seem like rape to pull off a woman’s hijab.
However, try to pull off my wife’s hijab and she’d probably be charged with assault lol.
Assault for sure, and maybe a hate crime. But rape? No, not unless there is an actual rape.
Assault.
Depending on the family of the women, it can be a death penalty. Especially if it was a wealthy family or she had a potential suitor.
@RushmoreJ - I agree
The meaning of rape: the offender is to have sexual intercourse with the victim. So don’t get confused with the word rape and assault. Assault most probably but depending on the law of that state.
Assault, yeah. I wouldn’t go so far as to call it sexual assault. It depends what he’s planning to do next.
@leaflesstree - Yeah, you’re right!
Hate crime, that probably describes it better than just assault.
@Aaliyaan - LOL!
assault
rape is sexual assault involving penetration of some kind, but definitely assault and battery.
It depends on the law of country, state, etc., in which he is located is written. Both elements of act(s) (actus reus) and intentions (mens rea) constitute any given crime, save for strict liability crimes wherein intent is not considered (e.g. statutory rape).
I’m not sure you understand what rape is. You’re really doing a disservice to people who have actually been raped.
You already claimed it was rape in your post, so why ask Thea question? Is this some kind of psychological test centered around subliminal or not so subtle messages?
It’s not rape, but I think pulling ANYTHING off a person against their will is an invasion of person space, at least. It could be assault in the right circumstances.
It’s rape to pull off someone’s clothing?
Assault yes, rape no.
It’s assault.
No not rape.
I wouldn’t say that would be classified as a rape, more like assault, but even that I’m not sure about.
physical assault.
it’s a hate crime.
Assault, yes.
Which seems to be the consensus anyway.
The psychological damage and shame would be the same.
Possibly assault, if we’re gonna push it.But rape or sexual assault? I guess sexual assault if you look at it from the point of view that her clothes are being removed against her will.
@strong_desires - I sort of agree with this.
Weird topic Dan. Very weird.
Its so wierd that you post this because I was considering just the other day to post about this. (asking who has ever had their hijab pulled off) I am a Muslim female and I wear the hijab. So just to get it strait yes it would be assult/battery obviously but it would not be rape because rape means to enforce sex. For any woman that wears the hijab just the thought of someone pulling it off stears emotions. It is a sign of my modesty and obedience to my lord so for someone to come and snatch it off I would feel utterly humiliated and violated. I, thank God, havent experienced this and hope to never experience something like that. I, being the wierdo that I am, will sometimes picture in my head (back when i was in middle/highschool), a scene where some kid would come and snatch it off. My imagined reactions would include:
A) “What the…helll…?!” *goes beast mode and decks person in the face/gut*
B) *long pause* -complete shock- *tears flow* – snatches hijab back and runs away crying
C) *snatches hijab back instantly unfazed and goes into this speech about -who do you think you are and- blah blah- heartfelt moment, -kids standing around in awe-ness
and B would always be the closest to reality.
gosh, thanks I’m going to go write a post about this right nowww
I was pretty sure Rape was actually forcing sex upon an unwilling person…not ripping off clothing.
Assault, absolutely.
Under U.S. law I imagine it would be considered assault but not sexual.
For those calling it a hate crime I would like them to point out an example of an assault that is a love crime or a friendly crime.
The fashion industry will solve the quandary. Look in a womens’ catalogue–scarves all over the place. A hate crime? If the veil is long, like a nun’s, a hate crime added to sexual assault. If its Kids on a playground? That is where it is most likely to happen. Tearing off a scarf without injury? a hate crime.
A lot of crime is committed by people who don’t know who or where they are, who the other person is. They are suggestible and fanatic.
They are motivated by the gender or some other aspect of the victim. Such crimes are impersonal. See the Palin opponents in the cross hairs murders in Arizona.
The least it could be is assault but definitely not rape
@RockstarJuiceNStarburst - Agreed
hmm
Being a hijab wearing Muslim, I would have to say assault.
Just out of curiosity, where are you getting the idea that simply removing clothing is rape? A case for assault could be made, but I’ve never heard of someone being charged for rape just for removing clothing.
Re: the OP- This is America, so NO!
most definitely an assault, because it will be against her wish. but rape? hhmm, i have always thought the word ‘rape’ is associated with a sexual act, so… nope.