NCJ Number
43520
Date Published
1978
Length
106 pages
Annotation
PAST ATTITUDES TOWARD RAPE, CURRENT LAWS, MOVEMENTS TOWARD REFORM, AND PROBLEMS OF ENFORCEMENT OF RAPE LAW ARE SUMMARIZED. A STATE-BY-STATE TABLE GIVES CURRENT PROPOSED AND PASSED LEGISLATION.
Abstract
TRADITIONALLY RAPE HAS BEEN DEFINED AS 'CARNAL KNOWLEDGE OF A WOMAN BY FORCE AND AGAINST HER WILL.' THE TEST OF FORCE HAS BEEN CRUCIAL TO THE CASE AND CONSENT HAS BEEN DEDUCED FROM THE CIRCUMSTANCES. HISTORICALLY, VICTIMS WERE ASSUMED TO BE CONSENTING PARTIES TO THE RAPE UNLESS CRIMINAL CIRCUMSTANCES COULD BE PROVED BEYOND DOUBT. IN ADDITION, VICTIMS WERE OFTEN SUBJECT TO QUESTIONS ABOUT PAST SEXUAL BEHAVIOR AND EMBARRASSED BY POLICE AND COURT HANDLING OF THE CASE. CURRENT REFORM EFFORTS HAVE ATTEMPTED A REDEFINITION OF RAPE TO CONSIDER TYPES OF RESISTANCE, DEGREES OF RAPE, AND FLEXIBLE PENALTY STRUCTURES DEPENDING UPON CIRCUMSTANCES, AND TO TAKE INTO ACCOUNT THE SPECIAL ISSUES OF CHILD SEXUAL MOLESTATION, RAPE WITHIN MARRIAGE, AND RAPE IN WHICH A MALE IS THE VICTIM. REFORM GROUPS HAVE FOUND JURIES UNWILLING TO CONVICT FOR RAPE IN SITUATIONS RESEMBLING SEDUCTION BECAUSE PENALTY STRUCTURES ARE CURRENTLY TOO SEVERE. PRIVACY FOR RAPE VICTIMS, VICTIM ADVOCATE PROGRAMS, VICTIM SERVICE PROGRAMS, AND RAPE PREVENTION AND SELF-DEFENSE PROGRAMS ARE DISCUSSED. THE MICHIGAN AND WASHINGTON STATE LAWS ARE DISCUSSED AS PATTERNS OF SUCCESSFUL CHANGE. APPENDIXES GIVE A TABLE SUMMARIZING LEGISLATION IN EACH STATE, A NARRATIVE SUMMARY OF STATE LEGISLATION, THE MODEL PENAL CODE, THE MICHIGAN, MINNESOTA, WASHINGTON, AND WISCONSIN STATE STATUTES, A SELECTED BIBLIOGRAPHY, AND SEVERAL SAMPLE DEFINITIONS OF RAPE.