NCJ Number
146335
Journal
American Journal of Criminal Law Volume: 21 Dated: special issue (Fall 1993) Pages: 3-36
Date Published
1993
Length
34 pages
Annotation
The article focuses on situations in which the parties know each other and engage in sexual activity to which the female does not consent.
Abstract
In recent years, both the law and society have made great strides toward increasing the protection of women's rights and interests in the sexual arena. However, it would be a mistake to think that laws and social mores have gone far enough. In this examination of rape laws, the author presents information and discussion in the following categories: (1) The Difficulty of Proving, and Convicting for, Rape (Male Bias; Early History; Requirements of Proof; Rape: The Unreported Crime); (2) Recent Changes in the Law; (3) Consent; (4) The Marital Rape Exemption; and (5) Where Do We Go From Here (Increasing Recognition That Any Nonconsensual Sexual Intercourse Must Be Punishable; Must There Be a Positive, Affirmative Statement Or Action? Should There Be Rebuttable Presumptions?) Historically, the criminal law has been the primary means of protecting sexual integrity from unwanted invasion. However, because of the lesser burden of proof, a civil suit for battery may be an effective means to bring to the victim some feeling of retribution and to punish and deter assaulters. Mediation has also been suggested in cases of sexual assault between voluntary social companions. It does not determine guilt or assign blame, but does provide a nonthreatening, nonpublic forum for an exchange of views. Footnotes