Law Forum : RAPE AND SEXUAL ASSAULT IN THE LEGAL SYSTEM

IFE

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RAPE AND SEXUAL ASSAULT IN THE LEGAL SYSTEM


Rape and sexual assault laws are complex and evolving. Rape originated as a crime against property, not a crime against a person. As such, the crime related to patriarchal inheritance rights and a female’s reproductive capacity and therefore was limited to a crime against unmarried virgins and included only forcible penile/vaginal penetration. These laws have evolved but retain vestiges of their archaic origins. The result is inconsistency and variability in sex crime terminology and elements from state to state as well as anomalies. It is now well-established in the laws of all states that the sexual penetration of men and married women is a serious sex crime. It has also been recognized that penetration of orifices other than the vagina constitutes a serious sex crime. Issues of force and consent continue to change but clear trends in the evolution of the law are identifiable.



Rape and Sexual Assault in the Legal System - Women's Law Project
http://www.womenslawproject.org/wp-content/uploads/2016/04/Rape-and-Sexual-Assault-in-the-Legal-System-FINAL.pdf - - Cached - Similar pages
RAPE AND SEXUAL ASSAULT IN THE LEGAL SYSTEM. Presented to the National Research Council of the National Academies. Panel on Measuring Rape and Sexual Assault in the. Bureau of Justice Statistics Household Surveys. Committee on National Statistics. June 5, 2012. By. Carol E. Tracy, Terry L. Fromson
 

IFE

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Rape culture is a man problem. Why aren’t more men speaking up?


There was a time when I believed it was up to women to change the legal system. I said women had to keep reporting their rapes because reporting them was the only way to change a broken system. I was wrong.

It’s never been the job of women to dismantle rape culture. Rape culture was created and perpetuated by men. It flourishes and thrives because it suits men. Rape culture is a man problem, and it’s up to men to solve it.

Brock Turner’s father echoed the chorus of voices who decry how Turner’s bright future was tarnished by “20 minutes of action.” Turner’s sexual-assault conviction was unavoidable because two witnesses caught him in the act. But by giving Turner a six-month sentence (he will probably serve only three), the judge made sure the impact of his conviction was minimal.



Rape culture is a man problem. Why aren't more men speaking up ...
https://www.washingtonpost.com/news/soloish/wp/2016/06/10/rape-culture-is-a-man-problem-why-arent-more-men-speaking-up/ - - Cached - Similar pages


 

IFE

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No doesn't really mean no': North Carolina law means women can't revoke consent for sex

It was important because in North Carolina, a person cannot withdraw consent for sex once intercourse is taking place. Because of a 1979 state supreme court ruling that has never been overturned, continuing to have sex with someone who consented then backed out isn’t considered to be rape.

“The whole thing is ridiculous,” Palmer told the Guardian. “It’s crazy.”

The North Carolina law is an example of how the US legal system has not always kept pace with evolving ideas about rape, sex and consent. Just last year, an Oklahoma court ruled that the state’s forcible sodomy statute did not criminalize oral sex with a victim who is completely unconscious. The toughest charge available to prosecutors was unwanted touching.



  1. 'No doesn't really mean no': North Carolina law means women can't ...
    https://www.theguardian.com/us-news/2017/jun/24/north-carolina-rape-legal-loophole-consent-state-v-way - 873k - Cached - Similar pages
    Jun 24, 2017 ... Recent rape cases highlight legal loophole resulting from 1979 state supreme court ruling, prompting a renewed campaign for change
 

IFE

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A Gentlemen’s Guide To Rape Culture

If you are a man, you are part of rape culture. I know … that sounds rough. You’re not a rapist, necessarily. But you do perpetuate the attitudes and behaviors commonly referred to as rape culture.

You may be thinking, “Now, hold up, Zaron! You don’t know me, homey! I’ll be damned if I’m gonna let you say I’m some sorta fan of rape. That’s not me, man!”

I totally know how you feel. That was pretty much exactly my response when someone told me I was a part of rape culture. It sounds horrible. But just imagine moving through the world, always afraid you could be raped.


  1. A Gentlemen's Guide To Rape Culture | Thought Catalog
    https://thoughtcatalog.com/zaron-burnett-iii/2017/09/a-gentlemens-guide-to-rape-culture-2/ - 275k - Cached - Similar pages
 

IFE

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Women’s long battle to define rape

Redefining rape
Advocates for women’s rights and racial justice started questioning these views in the mid-19th century, and their efforts helped reshape the meaning of rape in three important ways. First, legal remedies such as laws on criminal seduction and statutory rape made it easier to prosecute coercive but nonviolent sexual relations with acquaintances. African American activists insisted that black women could be victims of rape and that white men should be held accountable for assault. And feminists renamed a range of non-consensual acts, particularly with acquaintances and husbands, as rape.

  1. Women's long battle to define rape - The Washington Post
    https://www.washingtonpost.com/opinions/womens-long-battle-to-define-rape/2012/08/24/aa960280-ed34-11e1-a80b-9f898562d010_story.html - - Cached - Similar pages
 

IFE

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Rape Culture and the Concept of Affirmative Consent

Throughout most of our history, rape was a property crime.

Today we do not, in the modern United States at least, think of a woman’s sexuality as a financial asset. But that is a recent phenomenon. For most of our history, rape was not treated the same way as other violent assaults because it wasn’t just a violent assault, it was also a crime against property.


  1. Rape Culture and the Concept of Affirmative Consent - Law Street
    https://lawstreetmedia.com/issues/law-and-politics/rape-culture-theory-consent/ - 494k - Cached - Similar pages
 

IFE

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A Brief and Depressing History of Rape Laws
In many societies, rape was defined as a crime against property—if it was defined as a crime at all.

All of a sudden, Brock Turner is the most famous rapist in America. The 20-year-old former Stanford swimmer was sentenced last week to just six months in jailfor sexually assaulting a passed-out woman behind a dumpster; the light punishment drew outrage, as did a letter from Turner's father saying that his son's life had still been ruined more than "20 minutes worth of action" and a letter from a childhood friend of Turner's blaming the whole thing on political correctness.

Nearly a week after the sentencing, the media and public is still fixated on the case. A statement the anonymous victim read aloud in court went viral after being posted on BuzzFeed, an online petition is calling for the lenient judge's removal, observers have called Turner's case a glaring example of white privilege, and Turner himself is still casting about for excuses, calling his crime a result of college "party culture.



  1. A Brief and Depressing History of Rape Laws - VICE
    https://www.vice.com/en_us/article/9bkje5/for-context-heres-how-various-societies-punished-rapists - 298k - Cached - Similar pages
    Jun 8, 2016 ... In many societies, rape was defined as a crime against property—if it was defined as a crime at all. ... the lenient judge's removal, observers have called Turner's case a glaring example of white privilege, and Turner himself is still casting about for excuses, calling his crime a result of college "party culture
 

IFE

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What is the “Rape Culture?”

Rape Culture is an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture. Rape culture is perpetuated through the use of misogynistic language, the objectification of women’s bodies, and the glamorization of sexual violence, thereby creating a society that disregards women’s rights and safety.

Rape Culture affects every woman. The rape of one woman is a degradation, terror, and limitation to all women. Most women and girls limit their behavior because of the existence of rape. Most women and girls live in fear of rape.


  1. What is Rape Culture? | WAVAW Rape Crisis Centre
    http://www.wavaw.ca/what-is-rape-culture/ - 60k - Cached - Similar pages
 

IFE

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Why men rape

There is a simple and surprisingly durable myth about what causes men to rape women. It goes like this: if a man is too horny, from sexual deprivation or from being constitutionally oversexed, he will lose control in the presence of an unguarded woman. Through the early days of psychology as a science, this basic assumption remained the same

It’s not a profound mystery, or explained by deep psychosocial complexity. For rapists, rape is easy. And that must stop






Until we treat rapists as ordinary criminals we won't stop them | Aeon ...
https://aeon.co/essays/until-we-treat-rapists-as-ordinary-criminals-we-wont-stop-them - 129k - Cached - Similar pages
Mar 30, 2017 ... There is a simple and surprisingly durable myth about what causes men to rape women. It goes like this: if a man is too horny, from sexual deprivation or from being constitutionally oversexed, he will lose control in the presence of an unguarded woman. Through the early days of psychology as a science, ...
 

IFE

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