NCJ Number
14764
Journal
Trial Volume: 10 Issue: 4 Dated: (JULY/AUGUST 1974) Pages: 19-22
Date Published
1974
Length
4 pages
Annotation
ARGUMENT THAT LAWS OVEREMPHASIZE THE WOMAN'S CONDUCT IN DETERMINING THE OCCURRENCE OF FORCIBLY COMPELLED INTERCOURSE.
Abstract
THE AUTHOR CITES THE NEW YORK PENAL LAW TO SUPPORT THE CONTENTION THAT A HARSH LEGAL VIEW OF CONSENSUAL INTERCOURSE ACCOUNTS, IN PART, FOR THE DISPARITY BETWEEN THE NUMBER OF REPORTED RAPES AND THE NUMBER OF ACTUAL CONVICTIONS. THE SUBJECTIVE INTERPRETATION OF WHAT CONSTITUTES 'RESISTANCE' IS ANOTHER SIGNIFICANT FACTOR. THREE WISCONSIN SUPREME COURT DECISIONS FOCUSING ON THE WOMAN'S RESISTANCE ARE DISCUSSED. THE AUTHOR URGES CHANGE IN THE RAPE STATUTES TO REMOVE THE PHYSICAL RESISTANCE REQUIREMENT. ALSO ADVOCATED IS THE DIVISION OF THE CRIME OF RAPE INTO DIFFERENT DEGREES ACCORDING TO THE AMOUNT OF FORCE EMPLOYED BY THE ATTACKER.