The Rape Laws Against Sex

Researchers have come up with various explanations trying to explain the sexual abuse cases in the globe. Some of these explanations form a basis on psychological perspectives, biological perspectives, and criminal perspectives. Despite these differences, rape cases are considered a violation of an individual right and the traumatizing effects are reported to be similar. The paper will focus mainly on the criminological approach to rape cases (Grooth & Jean, 1979). Various criminologists’ literature will be reviewed in association to rape as an offense against the law.

“Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.”

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

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).

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

Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.

There are debates on whether or not the laws for statutory rape are strict enough. The age of consensual sex varies from state to state. In some states the age of consent is 16 while others start at the age of 17. Though many of these teens may be physically ready to engage in sex, many of them are not mentally prepared. In their article, “Enforce Statutory Rape Laws to Curb Teen Sex”, Kathleen Sylvester and Jonathan O’Connell talk about relationships between 12, 13 and 14 year old girls and sexually mature men who are inherently unequal, often coercive and almost always damaging. Many of these girls find themselves engaging in sexual activities with much older men. Until stricter laws are put into place, as well as parents explaining these

The term ‘rape culture’ was coined by feminists in the United States in 1970. The term itself was designed to illustrate the ways in which society blamed victims of sexual assault, and how the normalization of male sexual violence was acceptable. Rape culture can stem from the acceptance of rape as a daily occurrence, manifested as a male prerogative. There is a hesitation by the authorities to go against the patriarchal cultural norms, hence linking nonconsensual sex to the cultural disposition of society. The patriarchal perspective of rape culture, embedded with gender inequality and misogyny are passed through generations which ultimately leads to the extensive institutional and social acceptance of rape. Actions which advocate sexist ideals are utilized to justify and validate normative misogynistic perceptions. Rape culture sexualizes violence inflicted upon women, as it serves as a continuum of a society which views a women’s body to be sexually available by default, deriving from the overall domination and objectification of a female. The underlying cause of rape culture is localized as it based upon the social aspects of culture. For example, countries with a prolific ‘war culture’ tend to emphasize violence and masculinity, and therefore rape is viewed as a normal facet of society. I intend to parallel the element of rape culture to the enforcement of social rules and the conditioning of gender roles. I plan on analyzing the notion that within the encompassment of

The topic that we talked about in the class, Sex Crimes and the Law that really interested me was the topic of rape. After having the guest speaker that was a Temple student really bothered me and I thought about it for days. For starters, I think it is absolutely scary that she was rapped on Temple University’s campus, to be exact in Peabody hall and absolutely nothing was done to help her. This is bothering me the most because I am a Temple student, this happened in her own room, no one helped her, and her rapist is still out there. I feel horrible that no one even tried to help and most people even made it seem like it was her fault by saying things such as “you know you wanted it”. No one wants to be rapped and the victim should never be to blame. This poor girl tried to kill herself multiple times. I believe that no one should go through this trauma alone or even go through it at all. Since our guest speaker, I have gone on a binge of watching Law & Order: SVU and even through about becoming a special victim unit detective for my career. Another reason that the topic of rapped bothered me was because just recently one of my friends came out and said that she was raped by her boyfriend. No one even knew this happened until she made it public on Facebook. For the longest time she was drawn back and really did not hang out with the group and now I know why. The guest speaker really helped me to understand, just to be there for her. When she wants to talk she will and not

Rape has been an ongoing issue within society for centuries. In early times, men raped women for reproductive purposes. Today, it is still believed

As the most prominent charge to come here, rape was originally defined by Hume as: “the knowledge of the woman’s person forcibly and against her will”. Rape was then defined in the current edition of Gordon as: “the carnal knowledge of a female by a male person obtained by overcoming her will”. However, both definitions have been long replaced by the current definition set out in the Sexual Offences (Scotland) Act 2009, which differs quite significantly from Hume’s and Gordon’s definitions, to one of a more practical approach. In section one of the 2009 Act it defines the charge of rape as the penetration by an individual’s penis, of the vagina, anus or mouth without the consent of the second individual and without any knowledge that the second individual is consenting or is reckless to whether consent has taken place. Hume’s old law definition was gender specific and required force for the crime of rape to be

The definition of rape has changed since 1927, with the new nationwide definition from the FBI’s Uniform Crime Report (UCR), the Office of the Attorney General states that, “the penetration, no matter how slight, of the vagina or anus with body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition or rape has not changed since 1927. In 2012, under this new definition, it gives a larger definition as to what facilitates the nature of rape, this includes men as well as women; notwithstanding the victims age of being unable to consent, including the victim’s mental capacity, or being in an incapacitated state due to ingestion of drugs or alcohol (U.S. Department of Justice, 2014). According, to the 2015, Criminal Victimization Report, reports that the rate of

Rape is an extremely controversial issue and this notion is supported based on the fact that basic definitions and explanations of rape usually directly correlate with a state's lawful definition of rape. This proves problematic as many people's explanations and definitions of rape are quite different to that of the law. Social science theorists argue that rape is a learned action with which society plays a crucial role, Ellis (1989). Based on this theory it seems only logical to propose that there

-The earliest laws against rape were actually property protection laws. The crime was not considered to be against the woman, but against her father or husband, the people responsible for her sexual conduct.

Most people would agree that as you grow up you learn by seeing, feeling ,touching , smelling, and hearing . Albert Bandura supports this by a theory he created called the Social Learning Theory (McLeod, 2011). Social Learning Theory is a theory that explains that behavior is learned by your social environment, interactions and observations of others. With this theory I would say it supports opinion in which I would say that rape is not something somebody just decides one day to do. I believe that rape is learned throughout time. There are many social and even media factors that sometimes may come off with the intention that rape is acceptable. In some media factors they may even perceive that being forcibly raped is pleasurable. Movies tend to do it often and sometimes movies don 't realize that what people see on television can sometimes influence people to see these acts as a norm. For instance the fact that a college kid is in a frat and he 's in a party there is a good percentage that he would reenact what television had stereotype frats boys to do. Television would label the frat boys as potential rapist and the human mind would consider that when you take on that role as a frat boy. One of the biggest media factors all the way from television to the internet that for so many years that perceive rape as acceptable is pornography.