NCJ Number
13523
Journal
California Law Review Volume: 61 Issue: 3 Dated: (MAY 1973) Pages: 919-941
Date Published
1973
Length
23 pages
Annotation
ARGUMENT THAT THE LAWS AND LAW ENFORCEMENT DO NOT EFFECTIVELY DETER RAPE, THAT COURTS ARE OVERLY SOLICITOUS TO RAPISTS, AND WOMEN'S INTERESTS ARE THUS UNPROTECTED.
Abstract
THE AUTHOR CONTENDS THAT RAPE LAWS PROTECT MALE INTERESTS AND VALUES, AND THAT POLICE AND PROSECUTORIAL RESOURCES ARE SELDOM DIRECTED TOWARD BOLSTERING THE VICTIM'S STORY. RATHER, MOST RAPE COMPLAINTS WHICH ARGUABLY COULD BE VALID ARE DISMISSED AS 'UNFOUNDED.' AMONG OBSTACLES TO OBTAINING RAPE CONVICTIONS ARE (1) THE CORROBORATION REQUIREMENT, (2) THE PRESENT LEGAL STANDARD USED TO MEASURE CONSENT, AND (3) THE INADEQUATE SENTENCING PRACTICES OF THE JUDICIARY. AFTER CONCLUDING THAT RAPE LAWS AND PROSECUTIONS ARE SEXIST, THE AUTHOR SUGGESTS REFORMS, INCLUDING THE REFORMS THAT COURTS TAKE JUDICIAL NOTICE THAT CHASTITY IS NO LONGER PROBATIVE IN RAPE PROSECUTIONS, THAT AUTHORITIES BECOME MORE WILLING TO PROCEED WHEN THE VICTIM IS KNOWN BY THE ACCUSED, AND THAT PUNISHMENT FOR RAPISTS BE REEVALUATED.