Part II: When is it rape?

Is this rape? If Ann promises does she have to go through with it? The words "physically forces" seem to be a clear indicator to students that an episode is rape. In this scenario, 94 percent of the students -- 92 percent of the men and 96.5 percent of the women -- said Alex raped Ann. For the second question as well, most people came out on Ann's side, although the number of men who said a woman can change her mind dropped to 87.4 percent. As one male sophomore commented, "breaking a promise is unconscionable, but sex is pretty damn serious." Nationally, the Time poll showed that more people ages 18-34 -- 34 percent -- partly blamed a woman for a rape if she broke her promise. Again, the older respondents blamed the woman for her erratic behavior more than the younger generation. Kuprevich said this scenario was clearly rape because Alex used physical force to have sex with Ann despite her refusal. His simple response to the second question summed it up: of course she doesn't have to go through with it. DiLapi's answer to this question was equally abrupt and matter-of-fact. "A woman has a right to change her mind," she said. In a case like Ann's, Kuprevich said it can be especially hard for a woman to come forward to report the rape because "many women . . . feel somehow responsible." · Bob and Barbara have been dating for one month and have not had sex. One night, they are kissing and Barbara tells Bob she does not want to have sex. Bob tries to change her mind and at one point, threatens to break up with her. Barbara reluctantly agrees and the two have sex. Barbara is upset the next day and accuses Bob of rape. Is this rape? Would it be rape if Barbara were not upset the next day? This last scenario drew the widest range of comments from students, as well as the widest range of responses. In this case -- where there was no physical force and no continuing resistance -- only 9.9 percent of the men and 19.4 percent of women said Barbara was raped. On the contrary, some people commented that Barbara was just "stupid" or that Barbara's "guilt doesn't make it rape." "Although she feels guilty about it, she did capitulate," one senior woman commented."Although she was stupid, I don't feel that she was raped. Manipulated, yes. Raped no!" The small percentage of people who said Barbara was raped took into account a different dynamic than force or misunderstanding: coercion. Kuprevich, who was unsure himself if this scenario indicated rape, said that it may not be rape, but "is the slightest coercion." "It is coercion," Kuprevich said. "But you still have a chance to say 'hey, do what you want to do but we're finished.' " In the Time poll, the percentage of responses to a similar question was slightly more balanced -- 42 percent of the women and 33 percent of the men called it rape if "a man argues with a woman who does not want to have sex until she agrees to have sex." Kuprevich said he does not think this case would progress beyond the Philadelphia Police Sex Crimes unit. This case also touches on another frequent problem of acquaintance rape cases -- women often do not report an incident until weeks or even months after the rape. DiLapi said some women do not realize they have been raped until the incident sinks in for a while. According to Kuprevich, Pennsylvania law states that a woman does not have to report a rape to the police right away, giving her time to deal with the issue within herself before pressing charges. But he also said the statute allows the defendant to use that delay as evidence on his behalf. "There are two sides to the issue: personally trying to deal with the tragedy, and then there's dealing with the system," Kuprevich said. "The system's real tough . . . the most important thing that we can do is support the victim."

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