No Duty Rules : Rape Victims And Comparative Fault

1791 WordsDec 6, 20168 Pages
The Victim A Victim is described as a person who is killed, harmed or injured due to a crime, accident, or some other action or event. A victim is also described as someone who has been tricked or duped. These definitions perfectly describe a victim of rape. A victim is not only harmed from a rape crime, but is also tricked into thinking that justice will occur. This is not the case. Fifty percent of people feel as if rape is the victims fault and never the rapist fault. Why is society so willing to blame the victim of an unlawful sexual act that violates the victim mentally and physically, instead of dealing with this social issue? In 1999, a law was introduced in Columbia. Bublick, in her article "Citizen No-Duty Rules: Rape Victims and Comparative Fault.", explains how this law blames victims for their own rape. The law is considered to be a rape victim’s rape case to be ‘comparative fault’. This means that the victim is blamed for the rape case. As some laws blame the victims, other laws give rapist the minimum sentence possible for this disgusting crime. As Giacopassi and Wilkinson explained in their article ‘“Rape and the Devalued Victim.” Law and Human Behavior’, capital punishment has no longer become a sentence a rapist has to worry about. Capital punishment can no longer be sentenced to a rapist, and there are lower sentences for those who have raped after the new rape reform legislation. Law like these make it almost impossible for the judicial system to do

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