NCJ Number
109467
Journal
Villanova Law Review Volume: 31 Issue: 5 Dated: (September 1986) Pages: 1429-1438
Date Published
1986
Length
10 pages
Annotation
Although the criminal justice system cannot directly change discriminatory attitudes toward women, by taking seriously violence against women, it can begin to change such violent behavior.
Abstract
Deeply rooted societal attitudes that dehumanize and denigrate women have been reflected in the law and its implementation. Until recently, rape laws have made it very difficult for rape victims to win cases in court. The law required that victims' testimony be corroborated and that the woman's resistance to the point of violence be established. Rape law discouraged victims from reporting the crime not only because of the difficulty of gaining a conviction but because the defense was permitted to probe into the victim's sexual history. Recent rape law reform has eased the requirements for proving rape and protects the victims from dehumanizing treatment by defense counsel without compromising the legal rights of the defendant. The law and the social services system has also tended to trap women in violent marriages and punish them for self-defense in this context. A significant legal step to upgrade the treatment of women would be the passage of the Equal Rights Amendment, which would become the basis for eliminating all sexually discriminatory laws and practices. 30 footnotes.