Rape, Ethnicity and Culture: Spirit Injury from Bosnia to Black America

The author argues in this article that the combination of physical and psychological effects of rape inflicts a "spirit injury" on the victim. While criminal or tort law may partially compensate some rape victims for the physical assault, the author contends that the law has never addressed the spirit injuries to the victims or their culture. This article examines the situation of Bosnian Muslims by developing a model of the symptoms of spirit injury drawn from the experience of Black Americans during and after slavery. Part II focuses on the Bosnian conflict, beginning with a review of the history of the conflict and proceeding with an analysis of the systematic rapes as a violation of international law under the Geneva and Genocide Conventions. This section considers the effects of the rapes on the Muslim culture. Part III focuses on slavery and forced miscegenation experienced by Black Americans and compares the symptoms of spirit injury in Black American culture to the symptoms identified in the Bosnian Muslim situation. Part IV postulates possible solutions in terms of multilevel legal and psychological approaches, both on the international and domestic level.