Rape and Extending the Sentence for Rape

     Rape is a physical attack, not sex. Rape crisis counselors and researchers define rape as an act of violence in which sex is used as a weapon (Benedict 2). A woman is raped in this country every two minutes. Between 1996 &1999 7,787,00 rapes were reported. The

There are only a few cases of rape that lead to the death penalty as the final result. For example in 1998, a Patrick Kennedy was convicted of raping his eight year old step-daughter and went to the supreme court to appeal his sentence to where there was some conflict to the laws of Louisiana that the death penalty for child rape that supposedly violates the Constitution’s prohibition on the cruel and unusual punishment. Kennedy received some support from some victim rights’ groups that makes me go, “What in the Hell,” because of what he did and the groups supposedly fear that daunting the death penalty could basically give child rapists the permission to kill their victims. To further research on this certain type of violent crime and the death penalty, I would have to look up cases that had involved certain violations to the state’s or federal Constitutions. Also find some connections to other different cases to this result and find more

On Aug. 22 California legislators passed AB 2888, an assembly bill which is a direct response to Turner’s three month jail time for the sexual assault of an unconscious woman in 2015. This bill would prohibit the courts from granting probation to a person convicted of sex violent crimes, including rape. The bill would be amended to enact the same punishment to those who committed violent sex crimes to unconscious or intoxicated victims.

Rape, as defined by the Uniform Crime Reporting Program in 2011, is “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” This differs from the previous definition of rape, “first established in 1927, ‘the carnal knowledge of a female, forcibly and against her will.’ It thus included only forcible male penile

So even if the court or a jury look at an attacker’s past and see’s he was a star athlete with many friends leading them to lessen the punishment. If they committed sexual assault and get away with it they most likely will attempt and probably succeed at doing it again. The problem Krakauer had with the court system isn’t just that they are not punishing an offender properly of a heinous crime. They are enabling them them to do it again, giving them the chance to ruin another person's life. If looked at, the effects of a sexual assault show why the rapist should serve a life sentence. The victims in this story revealed they were condemned to a life sentence the second they were taken advantage of in that way. While so many will say that rape should be punished the most severely as possible, Krakauer's book revealed the minute it came down to giving a sentence, jurors and judges, and even prosecutors had been and are lenient and soft in their convictions. While many government officials and police in Missoula have tried to change for the better after this scandal came to light, an even bigger one came to the surface from Krakauer's research. Missoula isn’t even near being the pronounced rape capital of the US. It’s even reported that it has a lower rate of reported sexual assaults than many towns it’s size and demographic. In the book Krakauer reported that between January 2008-May 20012 in a

Friend had the means, opportunity, and motive to commit the crime -- rape. If Friend is successfully convicted of the crime, he should be put into prison for the rest of his life, so he is not able to force himself on other

One of the most influential of these are the affirmative consent laws. These laws are defined as “the choice of some schools to require the presence of ongoing agreement, not just the absence of refusal, in sexual encounters” (Boyd). The presence of affirmative consent laws would greatly help the victims in their cases, as without confirmation that the attacked was consensual throughout the entirety of the incident, the accused would be unable to be let off without some form of punishment. Despite this, the laws are currently not enforced in the majority of campuses, leaving victims susceptible to unfair judgments that are in favor of the accused, as rape is often unreasonably viewed as being acceptable if the person had never objected, even if they had not given consent. Additionally, even if they state that they protested the actions, numerous people can also claim that they are lying. In the case of people that had been drunk, unconscious, or otherwise unable to give a logical or coherent answer when being attacked, the blame will often be put on them, despite the obvious horrendous acts of the attacker. Moreover, laws stating the severity of these crimes and how harsh the punishments should be are often overlooked, or not fully enforced, like the affirmative consent laws. In the aforementioned case of Brock Turner, his sentencing was particularly light, even for someone who received some form of sentence, as he faced a maximum of fourteen years in prison, while the prosecutors asked for at least six years (Cleary). The lack of punishments given to sexual predators will go on to further harm the attacked and give the impression that there is nothing wrong with sexual

Issue: “Rape” also referred to a sexual assault, under New South Wales Crimes Act 1900 is defined as ‘a person who inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years’.

“Rape is a violent, traumatic crime suffered by a significant number of individuals,” (Perkins), and 1 out of 4 women are raped in the United States. The effects of sexual assault go on for years. Rape is a crime of shame, survivors deserve time to be comfortable enough to come forward about their traumatic experience (Smith). Besides the shame associated with sexual assault, victims may need time to completely process and remember the details of the assault. And even though it leaves a larger chance of not being believed, the violence of the crime leaves victims scared and too sad to come forward. Eliminating the statutes of limitations would give victims time to heal and have the courage and strength to come forward. “Survivors of rape also deserve justice, no matter how long it takes,” (Perkins). We live in a society where it has been historically difficult for survivors to come forward, especially victims that are facing oppression or scared that they will not be believed. Although eliminating the statutes of limitations would not affect every person the same, it would mean everything to victims who find the courage to speak out about their assault after years of living in fear and silence (Filipovic). The worst effect of keeping statutes of limitations is that they are

In a recent study posed by the CDC, 19.3% of the women’s population in the United States have reported rape (Prevalence and Characteristics of Sexual Violence, Stalking, and Intimate Partner Violence Victimization 1). That is nearly one fifth of the female population. While women who walk the streets alone flood with fear, men are being let off with a mere slap on the wrist for raping women. Another study shows that ninety seven of every one hundred rapists receive no punishment whatsoever. How can women feel safe if their perpetrator is freely roaming the streets? Although rapists are frequently punished, the rape punishment in the United States is far too inconsistent and should be more severe.

One of the philosophies not commonly used with sexual assault crimes is incapacitation. Although a perpetrator is placed in prison, rehabilitation immediately occurs. As for incapacitation, it does not require any assumptions about the criminal’s rationalism or “root causes” of the criminal’s behavior. Having the perpetrator incarcerated is beneficial because the physical restraint of incarceration prevents the commission of further crimes against society during the duration of the sentence. Reducing crimes is the most important factor is setting punishments (Muhlhausen, 2010). The problem is that sexual assault is one of the hardest crimes to prove. There are many factors that come in play such as the victim’s behavior, evidence and how it was handled by law enforcement. However, it the process goes through, then incapacitation will be able to reduce the problem.

We have seen rape-law reform takes place in the United States over the last decade.The evolution of awareness of rape changed federal legislation which was enacted in 1994 and known as the Violence against Women Act (VAWA). This act was reauthorized in 2000 and 2005. Many attempts have been made by researchers to measure rape, and the findings vary across the board. There are a lot of rape statics that are very unreliable and misleading. Rape is determined and counted by the data source that is used. The FBI’s UCR Program reported 88,097 in 2009, and these were completed or attempted rapes. The best measure of rape is the National Violence against Women (NVAW) Survey. 18% of

I choose this topic because sexual assault is one of the most offensive crimes committed in our society. Not only is it a threat to the community, but it has a physically and psychologically effect on the victim in many ways. For the last couple of decades, sexual assault, rape, and child molestation has become the focal point of public concerns today. According to a 1993 National Crime Victimization Survey conducted by the U.S. Department of Justice, about 500,000 rapes or sexual assaults occur each year (Statistics, March 2010). The Department of Justice states that, “rape crimes have risen nearly three times as fast as the total crime rate”, although other studies have shown statistics that are in

Jack and Jill went up the hill to have some sex with each other. Jill said yes, but her dad found out.. Now Jack’s serving time in prison. Should a person who commits a consensual sexual act be punished with prison time? Because of Statutory Rape Laws, he/she can be. These laws criminalize any person who performs sexual acts with a person under the age of consent (which is usually between 16 and 18) even if the act was consensual. In the eyes of the law, a person cannot consent to any sexual act until they have reached the age of consent. A person charged with Statutory Rape serves a mandatory sentence ranging from one to fifty years - in some cases life - in prison. This depends on the age of the defendant and the “victim” at the time the

Rape is an experience which shakes the foundations of the lives of the victims. For many its effect is long term, impairing their capacity for personal relationships, altering their behaviour and values and generating fear, Temkin (1986:17).