NCJ Number
43069
Journal
CASE & COMMENT Volume: 82 Issue: 4 Dated: (JULY-AUGUST 1977) Pages: 13-14,16,18-19
Date Published
1977
Length
5 pages
Annotation
VARIOUS WAYS IN WHICH A RAPE VICTIM MAY BE CONSIDERED BY COURTS TO HAVE CONSENTED TO HER ATTACKER'S INTENTION ARE DISCUSSED.
Abstract
THE AUTHOR VIEWS THE RAPE VICTIM AS BEING PLACED BY MANY COURTS IN THE POSITION OF HAVING TO DEFEND HERSELF AGAINST ANY POSSIBILITY OF CONSENT IN A CHARGE OF RAPE. THE PLACE AND CIRCUMSTANCES OF THE ATTACK, THE EMOTIONAL REACTIONS OF THE VICTIM, LANGUAGE USED BY HER IN THE COURSE OF THE ATTACK, THE DEGREE OF PHYSICAL RESISTANCE, AND BEHAVIOR AFTER THE ATTACK ARE SOME OF THE AREAS DISCUSSED BY THE AUTHOR AS CONSIDERATIONS SCRUTINEZED BY COURTS IN CONSIDERING RAPE CHARGES. USING SPECIFIC CASES, SOME OF THE SUBJECTIVE AND CULTURALLY CONDITIONED VALUES THAT HAVE AFFECTED THE OUTCOMES OF THE CASES ARE EXAMINED....RCB