WASHINGTON'S ATTEMPT TO VIEW SEXUAL ASSAULT AS MORE THAN A 'VIOLATION' OF THE MORAL WOMAN - THE REVISION OF THE RAPE LAWS

• NCJ Number: 62079
• Journal: Gonzaga Law Review Volume: 11 Issue: 1 Dated: (FALL 1975) Pages: 145-177
• Author(s): H G TUTT
• Date Published: 1979
• Length: 33 pages
• Corporate Author: Gonzaga University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

WASHINGTON'S NEW RAPE LAW SEPARATES RAPE INTO DEGREES ACCORDING TO THE VIOLENCE AND INTIMIDATION INVOLVED AND PROVIDES GUIDELINES FOR DETERMINING WHEN INQUIRY INTO PAST SEXUAL BEHAVIOR IS APPROPRIATE.

Abstract

SUCH SEPARATION HAS BEEN IMPLEMENTED BECAUSE RAPE IS CONSIDERED A HEINOUS CRIME FOR WHICH A HARSH PENALTY CAN BE IMPOSED, MAKING JURIES AND JUDGES HESITANT TO CONVICT A DEFENDANT WHERE THE ACT OF RAPE WAS ACCOMPANIED WITH MINIMUM VIOLENCE. PAST RAPE LAWS HAVE BEEN PERMEATED WITH A PROTECTIVE STANCE TOWARD VIRGINS WHO BY FORCE OF ANOTHER PERSON LOSE THEIR VIRGINITY, BUT THE NEW LAW RECOGNIZES THAT RAPE IS AN OFFENSE WITH DIVERSE IMPLICATIONS, WITH THE MOST SERIOUS ASPECTS BEING THE USE OF AGGRESSION AND VIOLENCE TO ABUSE A PERSON PHYSICALLY AND PSYCHICALLY. BY DIVIDING THE CRIME INTO DEGREES, THERE IS SOME ATTEMPT TO DEAL WITH THE VARYING ASPECTS OF THE TOTAL RAPE ACT, RATHER THAN MERELY THE SEXUAL ASPECT. ALSO, UNDER THE NEW LAW, MALE VICTIMS WILL ALSO HAVE RECOURSE AFTER RAPE EXPERIENCES. THE NEW LAW SEPARATES FORCED AND UNFORCED NONCONSENTUAL INTERCOURSE. THE REMOVAL OF THE ISSUE OF CONSENT FROM FIRST AND SECOND DEGREE RAPE SHOULD CONFINE INQUIRY INTO THE VICTIM'S PAST SEXUAL BEHAVIOR TO THE THIRD DEGREE RAPE SITUATION, WHERE THERE IS NO ALLEGATION OF FORCIBLE COMPULSION. THE VARYING DEGREES OF STATUTORY RAPE, WHILE STILL PROTECTING YOUNGER VICTIMS, ALLOW MORE FLEXIBILITY IN THE PUNISHMENT IMPOSED BY MAKING THE PENALTY DEPENDENT ON THE AGE RELATIONSHIP OF THE PERPETRATOR AND THE VICTIM RATHER THAN THE VICTIM ALONE. THE NEW LAW DOES NOT EXTEND THE PROTECTION OF THE RAPE STATUTE TO SPOUSES IN THE PROCESS OF BECOMING LEGALLY DISASSOCIATED. IRONICALLY, THE EFFECT THE NEW RAPE LAW WILL HAVE ON THE VICTIM WILL VARY ACCORDING TO THE VICTIM'S PAST SEXUAL HISTORY. IF THE VICTIM HAS NOT HAD PRIOR CONSENSUAL INTERCOURSE WITH THE PERPETRATOR, A HEARING PROCEDURE WILL DETERMINE IF THE VICTIM'S PAST IS RELEVANT TO CONSENT. IF THE VICTIM HAS HAD SEXUAL INTERCOURSE WITH THE PERPETRATOR IN THE PAST, NO HEARING IS NECESSARY. FOOTNOTES ARE PROVIDED. (RCB)