Date: Sep. 25th, 2009 02:54 pm (UTC)
I don't think it matters if there was penetration involved; the scene reads as a rape whether or not it fits the legal definition of rape. The implication is that at the very least, Foyet was aroused and pressing himself against Hotch. He may not have achieved orgasm or taken it any further than that, but even that is a sexual violation. It's an objectification, a taking of control from the victim.

The camera angles tell us a story beyond even the hair-raising dialogue. (I actually made myself rewatch the scene for this, by the way.) Foyet doesn't place himself roughly around Hotch's knees (which would keep him from struggling and provide a better angle for the stabbing). He straddles him in a pointedly sexual position, half nude, and eases the blade in when he's stabbing. It's not a quick thrust like the first two wounds--he goes slowly, and makes sure Hotch feels every moment of it.

That is pretty much as close to rape, psychologically, as you can get. The trauma is what matters here, and clearly, Hotch at least has internalized it as a sexual assault. If he was merely stabbed and taunted, he would have told Emily. He instead cuts his gaze down and denies anything happening. Foyet's intent--to sexually humiliate and degrade him--was achieved.

So, I repeat. Does it matter whether or not there was anal penetration? (Though I'm not convinced there wasn't.) He was assaulted, sexually and physically. That does enough damage.
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