Rape Custody Court Cases

There was no concrete evidence pointing out to a suspect, until a strand of hair was found convicting George Perrot.

Many cases throughout time have not resulted in a conviction being made, for the sole reason that the charges exceeded the statute of limitations. The statue of limitations is defined as “the maximum amount of time allowed for a party to initiate legal proceedings”(Legal dictionary, 2016). Present day, every state is entitled to their own statute of limitations on rape and sexual assault. 34 States currently have a statutes of limitations on rape/sexual assault. Some of these states have a statute of limitations but there is a DNA exemption rule, ruling that if a DNA match is made later than the statute then that case will be exempt from the statute of limitations. Only 16 states have no statute of limitations for rape and sexual assault (Filipovic, 2016, p .A23).

On one night in September 1931 Mrs. Thalia Massie the wife of Lt. Thomas H. Massie was found badly beaten and wandering about on Ala Moana Road. At the same time, five local men- two Hawaiians, two Japanese, and a Chinese Hawaiian- also known as the Kalihi Gang, were arrested for assault and battery. Mrs. Massie identified Joseph Kahahawai, Henry Chang, David Takai, Benny Ahakuelo, and Horace Ida as the people who had attacked and raped her. The Kalihi Gang was arrested and put on trial for rape. The police investigation was not done properly.

University of Tennessee Knoxville was recently involved in a lawsuit for enabling athletes to sexually assault women by silencing the victims and failing to provide disciplinary actions or even investigation onto the accused. While this is a recent case, this is not the first time this sort of behavior involving a school has been brought into light. One in four women will be sexually assaulted by the end of their undergraduate career (Posluszny). Sexual assault happens throughout society no matter what the gender or age, seeming to be in increasing epidemic over the last few years. While the idea of sexual assault is largely met with public hostility in theory, actions often contradict this. This contradiction lies heavily in a culture that is unwelcoming to the victims and often leads to the perpetrators being tolerated. The existence of rape culture in western society occurs due to the preservation of violent media, patriarchal standards, and the state of the criminal justice system. This culture cannot be improved until we confront each of these problems to their roots.

Any involuntary, unwelcome, and nonconsensual sexual interaction or activity, including touching, kissing, and any type of sexual intercourse would be defined as sexual assault. It is not likely for one to be aware of the law governing sexual assault, until one is placed in a position that requires knowledge of it. (Constance Backhouse, 2016). Rape myths and stereotypes in the Canadian Court system and legislature will be ascertained in the following paper. First, rape myths will be discussed, moreover, it will be shown that regardless of the fluctuations in the Canadian law, sexual assault rates remain high, reporting and conviction rates remain low, and rape myths continue to operate. These rape myths are existing in Canadian universities and in the Canadian Court Houses. Many social constructions that are present in the Ewanchuk case are a result outcome because of the judiciary system and the university system. Furthermore, the rape myth and stereotypes in law and universities can relate to the social constructions of gender, race, masculinity/femininity, and heterosexuality. In this essay the focus will be directed to the Supreme Court of Canada’s decision in R. v. Ewanchuk case, [199] 1 S.C.R. 330, and argue how the rape myths then are still present in today’s society despite feminist attempts to amend criminal laws to be more unbiased in resolving conflicts.

When a rape or family pregnancy happens it is a true crime. Making a woman carry the child full term would cause more harm to the woman. There are women out there that are too afraid to go to the police or to a hospital about a rape. Some choose to wait a few weeks after finding out and go in saying they just don’t the child. Some women don’t find out about the pregnancy until it is too late and have to choose abort after 13 weeks or carry to full term.”Only one percent of abortions happen from rape victims. (2) “

On a college campus, a young female slowly returns to her dormitory a few hours before sunrise. She is a college freshman and she is embarrassed and confused. Late last night, she attended a party where alcohol flowed freely, the music blared and young men and women unabashedly flirted through the night. She vaguely remembers a young man guiding her up the stairs to a secluded room. She begins to cry as she reassures herself that she said the word no multiple times and physically attempted to stop the young man from stripping the clothes from her body and sexually assaulting her. She questions how she let this happen. After all, only months ago she was attending her high school graduation and weeks ago her parents were helping her move her

The Steubenville and Glen Ridge rape cases are two very similar cases. The perpetrators were football student athletes with promising futures and the victims were teenage girls whose capability of consenting to the acts done to them were questioned. One of the victims was seventeen-years old and had an intelligence quotient of 64 and the reading comprehension of a second grader. The second victim was sixteen-years old and was publicly assaulted while she was completely intoxicated. This paper will discuss each victim and their perpetrators, as well as the trial sentencing and prosecution. It will explore the different reactions from the community and the debate over the victim’s responsibility leading towards the incident. In both rape

Post World War I northeast Oklahoma was one of the most racially and politically divided and tense atmospheres in the country. The areas were occupied with slave owning native american’s, former slave owning white families that resettled from the deep south and blacks that after world war I resettled for work within the oil fields of Oklahoma. On september 26th, 1907 Oklahoma was established into the Union of the United States, and one of its first orders of business was to implement Jim Crow laws and voting loopholes that did not let blacks hold public office or serve on city official boards, and made it near impossible to vote until the 1965 voting right acts. All three governments, State, City, and National were all partially to blame

If the governing body requested that I set up a give an account of statutory assault due to the developing number of underage young ladies who have been impregnated by grown-up men. Examines uncover that numerous high school pregnancies result from undertakings that underage young ladies have with more established men, with age crevices running from 7 to 10 years. For instance, the regular relationship arraigned in California includes a 13-year-old young lady and a 22-year-old male accomplice. Some insulted guardians resolvedly bolster a law that will give state stipends to provinces to indict statutory assault. These awards would permit more overwhelming implementation of the law and could bring about the conviction of more than 1,500 wrongdoers

I decided to go through the courts to determine custody because of several reasons. The first reason was because my son’s father was on the birth certificate and, the police stated that if he took my son from me, it would be considered kidnapping. So, it was in essence to protect my son first. Secondly, it was part of the process of getting child support as well as my restraining order. The restraining order was done through the civil courts and, the originally gave me full custody temporarily until the actual custody process could begin. While, I was planning on going through the custody court at some time, I had to begin the process early because of several court standards. Before I was able to put my son on CCAP, I had to put his father on child support or else I would be noncompliant with their orders. Also, with the severity of the reasons for the restraining order, the judge believed that it was necessary for me to begin it immediately. But, going through the process, I understand why many young mothers like me do not go through the courts to deal with this manner.

5- Should a battered spouse who refuses or is unable to sever the relationship with the battered lost custody of children?

Back in May of 2014, a rape case took place in Salisbury, Maryland, which is located in Wicomico County. The assault took place at Parkside High School on Beaglin Park Drive. Eighteen year old Jocori Marece Scarborough was found guilty of second degree rape, second degree assault, false imprisonment, and other charges. As the story is told by the victim, a fifteen year old girl named Heather Lynette Sinclair, she testifies in front of the jury that she had told Scarborough that she would not have sex with him, but would walk with him to class. The defense asked Sinclair a series of questions, in which she admitted having a previous relationship with Scarborough before the assault took place, and that the two had kissed before. (Bill, n d)

The term "statutory rape" is defined as “sexual relations between an underage minor female and an adult male or vice versa” (Criminology: The Core). Individuals that engage in sexual activity should be at the age of consent. The age of consent varies by state laws and the legal ramifications for breaking this law is set in accordance with their ethical standards. The age of consent law even considers sexual relation between a minor and adult that is non-violent or unforced to be statutory rape.

In the case of a crime assault and suspicion of rape of a 14 year-old girl; Jones, Walsh and Bert were arrested. During the investigation, the police obtain statement from a man name Bland providing additional information that suspect Jones was involved in three separate assaults and rapes of juveniles over three days. The prosecution filed charges against Jones, Walsh and Bert for their involvement in the crime. The suspect, Bert then hired an attorney to defend him and explains to his lawyer that he did not participate in any acts of raping these girls and that he was only present one time with Jones and all he did was hit one of the girls. Bert also goes on to say that he can prove this because at the times the other rapes are alleged to have occurred, he was with Mook, who is currently out of the country on a mountain climbing trip and will not return for 2 months. Bland also contacts the prosecutor’s office and provides a written statement to the prosecutor that Walsh was not present during any of the rapes. (Case Study, n.d.)