NCJ Number
47154
Date Published
1977
Length
11 pages
Annotation
CHANGES IN RAPE LAWS AND OTHER LEGAL ASPECTS OF SEXUAL ASSAULT ARE EXAMINED IN A REVIEW OF COURT CASE AND LEGISLATION ANALYSES AND OTHER MATERIALS APPEARING IN LEGAL JOURNALS.
Abstract
IN 1973, LEGAL COMMENTATORS BEGAN TO EXAMINE THE TRADITIONAL SOCIAL ROLES, ATTITUDES, AND ASSUMPTIONS ABOUT RAPE, THE COMPLAINANT, AND THE ACCUSED THAT UNDERLIE RAPE STATUTES AND RELATED CASE LAW. TWO SUCH ASSUMPTIONS ARE THAT WOMEN MAKE MANY FALSE ACCUSATIONS OF RAPE AND THAT JURY SYMPATHY IS IN THE DIRECTION OF THE FEMALE VICTIM. ASPECTS OF LAWS RELATING TO RAPE THAT HAVE RECEIVED PARTICULAR ATTENTION ARE CORROBORATION; THE ISSUES OF CONSENT, FORCE, AND RESISTANCE; VICTIM CREDIBILITY; AND THE USE OF EVIDENCE OF THE VICTIM'S MORAL CHARACTER AND SEXUAL HISTORY. A SIGNIFICANT CHANGE IN THE CASE LAW HAS BEEN THE ELIMINATION OF THE JUDGE'S CAUTIONARY INSTRUCTIONS TO THE JURY IN CASES OF RAPE. THESE INSTRUCTIONS, WHICH POINTED OUT THE SERIOUSNESS OF THE CHARGE AND THE JURY'S OBLIGATION TO CONSIDER THE COMPLAINANT'S TESTIMONY WITH CAUTION, HAD BEEN DEEMED NECESSARY TO PROTECT MEN FROM FALSE ACCUSATIONS OF RAPE. A NUMBER OF REFORMED SEXUAL ASSAULT STATUTES HAVE YET TO BE SUBMITTED TO JUDICAL INTERPRETATION OR TO TESTS OF CONSTITUTIONALITY. SOME COMMENTATORS HAVE NOTED AREAS IN WHICH THE NEW LAWS MAY BE VULNERABLE TO CHALLENGES ON CONSTITUTIONALITY. SEVERE CRITICISM HAS BEEN LEVELED AT STATUTES PROVIDING FOR THE COMMITMENT OF PSYCHOPATHIC SEXUAL OFFENDERS PRIOR TO OR SUBSEQUENT TO CONVICTION. THE FACT THAT SUBSTANTIAL REFORMS IN LAWS HAVE OCCURRED THROUGH THE EFFORTS OF PRIVATE CITIZENS AND LEGISLATORS PERHAPS SHOULD BE VIEWED AS REASON FOR OPTIMISM REGARDING THE EQUITABLE TREATMENT OF THE VICTIM AND THE ACCUSSED. (LKM)