RAPE AND THE LAW - THE CRIME AND ITS PROOF (FROM RAPE THE VIOLENT CRIME, 1977 BY MATTHEW NEARY AND FRANCES PATAI - SEE NCJ-45827)

• NCJ Number: 45828
• Author(s): F J LUDWIG
• Date Published: 1977
• Length: 84 pages
• Corporate Author: John Jay College of Criminal Justice; American Acad for Professional Law Enforcement
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

PROBLEMS OF PROOF ASSOCIATED WITH THE NEW YORK STATE CRIMINAL STATUTE ON RAPE ARE EXAMINED.

Abstract

THE DIFFERENCE BETWEEN FORCIBLE RAPE AND STATUTORY RAPE IS EXPLAINED, AND NEW YORK STATUTES REGARDING BOTH TYPES OF RAPE ARE DESCRIBED. PROBLEMS OF PROOF ARE DISCUSSED AS THEY RELATE TO INVESTIGATION, EVIDENCE GATHERING, AND ARREST; SUPPRESSION OR ADMISSION OF PROBATIVE EVIDENCE; THE DOCTRINE OF UTMOST RESISTANCE; AND THE TWO-WITNESS RULE. IT IS NOTED THAT A 1974 AMENDMENT TO THE NEW YORK CRIMINAL CODE IN EFFECT REPEALED THE TWO-WITNESS RULE IN CASES OF PROSECUTION FOR FORCIBLE RAPE, SODOMY, OR SEXUAL ABUSE. AS IS THE CASE WITH OTHER CRIMES, DEFENDANTS IN SUCH CASES MAY BE PROSECUTED AND CONVICTED SOLELY ON THE TESTIMONY OF THE VICTIM. HOWEVER, VESTIGES OF THE TWO-WITNESS RULE STILL APPLY TO CASES OF CONSENSUAL SODOMY AND TO CASES IN WHICH THE VICTIM IS DEEMED INCAPABLE OF CONSENT BY REASON OF BEING UNDER THE AGE OF 17 OR MENTALLY DEFECTIVE OR INCAPACITATED. THE REMAINING IMBALANCE BETWEEN THE ACCUSED AND THE ACCUSER IN RAPE CASES IS DISCUSSED. SELECTED PROVISIONS FROM THE NEW YORK PENAL LAW ARE APPENDED. (LKM)