NCJ Number
47778
Journal
Society Volume: 13 Issue: 5 Dated: (JULY/AUGUST 1976) Pages: 15-17
Date Published
1976
Length
3 pages
Annotation
THE TRADITIONAL STEREOTYPIC AND EXPLOITIVE VALUES WHICH PROVIDE THE FOUNDATION OF RAPE LAWS ARE EXAMINED AND ARGUMENTS PROMOTING THE ABOLITION OF RAPE LAWS ARE PRESENTED.
Abstract
IT IS SUGGESTED THAT RAPE LAWS PERPETUATE TRADITIONAL ATTITUDES TOWARD SEX-ROLES AND REINFORCE THE NOTION THAT A WOMAN'S SEXUALITY IS MORE IMPORTANT THAN HER PERSON OR HER SELF. FURTHER, RAPE IS A SPECIAL CASE OF EITHER SEXUAL ABUSE, ASSAULT OR COERCION AND CONSEQUENTLY, THE LEGAL CONCEPT OF RAPE IS AN UNNECESSARY REDUNDANCY. THE CONCEPT OF RAPE IS A PATERNALISTIC MALE INVENTION DESIGNED TO CONTROL AND PROTECT MALE PROPERTY. THE SPECIAL LEGAL TREATMENT WHICH FEMALE SEXUAL ORGANS ARE ACCORDED RELATE TO VARIOUS SORTS OF EXPLOITATION BY DOMINANT MALES AND REINFORCE THE CONCEPT OF WOMEN'S ROLES AND BODIES FOR THE BENEFIT OF MEN. UNDER LIBERATED IDEOLOGY, WOMEN WOULD BE CONSIDERED IN TERMS OF HER GENERAL LEGAL RIGHTS AND AS A PERSON. ELIMINATION OF RAPE LAWS WOULD ALLOW WOMEN TO EXPLORE ALTERNATE WAYS OF DEFINING THEMSELVES AND VIOLATIONS AGAINST THEM. IT WOULD DEMYSTIFY FEMALE SEXUAL ORGANS, AND WOULD AID IN DIMINISHING THE FEELINGS OF GUILT OR MORAL DESPOLIATION THAT LEGAL RAPE PROCEEDINGS GENERATE. AN OBJECTION TO ARGUMENTS FOR THE ELIMINATION OF RAPE LAWS IS THAT THIS MAY NOT IN FACT RESULT IN A MORE LIBERATED CONSCIOUSNESS AND LESS STIGMA FOR THE VICTIM. HOWEVER, RAISED CONSCIOUSNESS IS HINDERED BY THE EXISTENCE OF LEGAL STRUCTURES WHICH SERVE TO REINFORCE STEREOTYPIC SEX-ROLE NORMS AND BEHAVIORS. REPEAL OF RAPE LAWS WILL DEEMPHASIZE SEXUALITY AND PERMIT WOMEN TO EMPHASIZE VIOLATIONS OF PERSONAL RIGHTS RATHER THAN VIOLATIONS OF SEXUAL RIGHTS. WOMEN'S SEXUAL CAREERS WILL BECOME DECREASINGLY IMPORTANT IN DETERMINING THEIR WORTH, AND STIGMA WILL BE REDUCED. IT IS CONCLUDED THAT ALONG WITH RAPE, WOMEN MUST ORGANIZE AND TREAT ALL SEXUAL, PHYSICAL, AND PERSONAL OFFENSES AGAINST THEM AS SERIOUS OFFENSES. (JAP)