NCJ Number
122256
Journal
Prison Journal Volume: 68 Issue: 2 Dated: (Fall-Winter 1988) Pages: 3-10
Date Published
1988
Length
8 pages
Annotation
Rape reform has addressed substantive components of the crime, as well as evidentiary matters, and efforts have been made to put rape in line with other crimes against the person.
Abstract
Force and consent in rape are two separate issues, although in common law both were determined by the amount of victim resistance. Under common law, rape was limited to carnal knowledge, generally interpreted as sexual intercourse between a man and a woman. Common law rape did not include any other type of sexual assault. Another issue in common law was that only a female could be a rape victim. Many States resolved certain rape-related issues through reforms in the late 1970's, with several grading their rape statutes to replace the common law single rape category. The most common grading scheme divides rape into two degrees, simple or second degree rape and aggravated or first degree rape. Reforms closely related to grading also involve penalty structure changes. Other concerns of rape reform proponents have focused on marital rape and rape shield statutes to protect victims during trial. Although marital rape reform efforts have met with substantial resistance, most States now have laws limiting evidence of the victim's past sexual conduct with third persons. 30 references.