NCJ Number
74368
Date Published
1980
Length
7 pages
Annotation
The sexual bias inherent in the history of rape laws and in prevalent rape myths is analyzed and criticized.
Abstract
From a feminist point of view, rape is considered the ultimate act of sexism, a mechanism for the social control of women, and an act of violence, not of passion. A study of the history of rape indicates that in ancient Babylonian and Mosaic law rape had its legal beginnings as a property offense of man against man. Protecting the property of brother, father, or husband, these rape laws confirmed the position of women as 'chattel.' Though rape was punishable by death in 13th-century England, confusion exists as to whether the act was directed against a woman's body or a man's estate. In answer to the myth created by men that 'no woman can be raped against her will,' the article cites the number of rape murders and seriously injured rape victims. Another myth based on male prejudice is that women are less truthful than men and consistently make false accusations against rapists. According to myth, the rapist is a monstrous stranger jumping from behind a bush, but in reality, 50 percent of all rapes occur at the victim's house, and 70 percent of all offenders are known to the victim. In fact, research indicates that the racial characteristics, personality, and other features of rapists are remarkably similar to the average heterosexual male. The article concludes that changes in legislation may entail necessary attitude changes, but that rape will continue to exist as long as the myth of male superiority exists. The article includes 6 footnotes. For related papers, see NCJ 74354.