Essay On Rape Reform
*Throughout the decades there has been many changes and innovations in the criminal justice system. Reformers and legislators in the past decades have worked hard to create better laws that diminish most loop holes for defendants. This method can be observed through the evolution of rape trials over time. From Rape Shield Laws to the Rape Reform Movement, many changes have been made in the justice system to protect victims and to accurately convict rapists. Some of these advancements helped victims to accurately convict their rapist, but some of them negatively impacted rape trials and accusations. *Rape used to be defined as a women being forced into sexual relations against her will. But Rape Reform Movements have changed the defintion so that it includes and protects former unsuspected victims of rape such as males, spouses, and cohabitants. The Sexual …show more content…
These laws prohibit the alleged rape victims sexual history from being disclosed during a trial or to the court and jury. Legislation also made laws so that offenders would not be able to drop their charges by stating that a teenager or child looked older then they are. Convictions were also increased with the help of DNA and rape kits. This helps many women indentify and convict their attackers by running evidence through fingerprint and DNA databases, which accurately indentify who assaulted the victim. Technology advancements have also allowed forensics to indentify people even when only a few particles of DNA are left at the crime scene. Another big step in rape trial evolution is the prohibition of the Incapacity Defense. This led to more convictions as rapists could no longer state that they did not know their victim was drunk, drugged, mentally disabled, or incapacitated in any way. This means they would physically be unfit to give consent at the time of the rape, making the defendant
Mr. Lazarus Flaws Of The Legal System
673 Words | 3 PagesThis is seen as being effective as it is promoting the need to change existing sexual consent laws hopefully in order to achieve justice. This also highlight responsiveness of the government to responding to issues of the legal system regarding the NSW sexual consent laws. Another effectieve part of the legal system seen in this case is enforceability of the sexual consent laws. Although Mr Lazarus did undertake rape “without consent” he truly believed that Ms Mullins gave consent which according to the NSW sexual consent law stating that the accused must know the victim is not consenting is technically proof of enforceability of the law by Mr Lazard as he believed she gave consent. This case showed the effectiveness of protecting individual rights to a fair hearing as they allowed Mr Lazarus and Ms Millins to conduct a fair trial under section 24 of the Charter.
Commonwealth Vs Berkowitz Case Study
1721 Words | 7 PagesCourt’s Opinion: The crime of rape is defined as follows: § 3121. Rape A person commits a felony of the first degree when he engages in sexual intercourse with another person not one’s spouse: (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; or (4) who is so mentally deranged or deficient that such person is incapable of consent. The victim of a rape need not resist.
The R. V. Ewanchuck Case
280 Words | 2 PagesThe R.v. Ewanchuck (1999) case is a case that shook the Canadian criminal justice system and is considered by feminists a victory because the judge’s decision reflected rape myths and the case is being praised with addressing rape myths in the criminal justice system. The details of the case are; Ewanchuck invited a 17 year- old woman into his van for a job interview ( Dumont, 1999, p. 102-109). After the job interview concluded, Ewanchuck insisted that the woman see his paintings, which were in a trailer behind the van ( Dumont, 1999, p. 102-109). Ewanchuck then took the woman inside the trailer and began to make a series of sexual advances ( Dumont, 1999, p. 102-109).
Rhetorical Analysis: The All-American Crime By Susan Griffin
1139 Words | 5 PagesFurthermore, Griffin commonly sites credible studies and explores historical moments to provide context and support for her claims. One article in particular written by Griffin (1971) demonstrates her masterful use of ethos, “Rape: The All-American Crime.” This article was the first of its kind as it discusses rape from a feminist perspective and challenges common beliefs about rape. Up until this point rape and sexual violence was rarely discussed and when it was it was by a man. Griffin begins the article by explaining her credentials, describing her personal experiences with rape culture in America, and illustrating the urgency with which women and victims need to be heard.
Missoul Rape And The Justice System In College Town By Jon Krakauer
1698 Words | 7 PagesRape myths are at the center of the problem of how rape and sexual assault cases are looked at, and treated as in society. Rape myths vary, some excuse the rape, others try to minimize the severity of the situation, while others doubt the act even happened in the first place (Levit and Verchick, 196). Some examples of rape myths include: a victim was “asking for it,” a victim’s previous sexual history, regretful sex is not rape, a woman’s “no” means “yes,” and women lie about rape all the time. Rape myths are targeted towards women, not the rapist. Despite, rape myths being proved false by empirical evidence, they are still prevalent in society.
Missoul Rape And The Justice System In A College Town By Jon Krakauer
1265 Words | 6 PagesDefense attorneys in cases of sexual assault often “attack the victim’s credibility - the time-honored rape defense that so often results in an acquittal” (Krakauer 136). Diminishing the victim’s credibly and highlighting the standing of the accused are both methods that defense attorneys, like Donaldson’s lawyer, use to win cases of sexual
Sexual Assault Cases Involving Stranger's Acquaintance In In
1032 Words | 5 PagesAggravated rape is the first classification and the second is simple rape. Researcher suggests “all women in all rapes are not treated equally and suggest that both case law and criminal justice decision markers differentiate between aggravated and simple rape.” (Spohn and Holleran 2001, P.656) the results of this study showed that aggravated rape victim behavior was less likely to be called into question versus simple rapes where prosecutors decision to file charges was based on the victims
Rape Shield Law Essay
547 Words | 3 PagesThe Rape Shield Law was enacted to protect the rights of rape victims and to encourage rape victims to come forward that might not otherwise do so for fear of their past sexual history coming to light. Some of these rape victims are afraid that their private sexual history or previous sexual encounters will be brought up in court or become public knowledge. Many times the fear of exposure and shame could prevent victims of rape from coming forward and making a complaint to the police against an assailant. With the introduction of the rape shield law a reluctant victim might be more willing to come forward and file a complaint.
The Rape Myths Of R. V. Ewan Williamson
131 Words | 1 PagesThe rape myths that R. v. Ewanchuk includes within its case is heavily linked to the social construction of males and females involved in sexual assault cases. The outcome of this case largely impacted the feminist movement in a strong way. This case changed the future of sexual assault cases within many ways. To begin with, consent must be determined from the complainants/victims mind opposed to his or her actions. Secondly, there are many forms of physical actions along with verbal ways of issuing to refuse consent.
Summary: The Prison Rape Elimination Act
427 Words | 2 PagesThe Prison Rape elimination Act is a federal law focused on sexual assault and victimization in prisons, jails, juvenile facilities and detention centers. The Prison Rape Elimination Act was passed in 2003 and the final standards were made effective I 2012. 13% of the 21 million inmates have been sexually assaulted. The sexual assaults have caused several other problems for inmates including victim traumatization, the spread of disease, and increased recidivism.
Rape Shield Laws
166 Words | 1 PagesBeginning in the 1970s, state legislatures and courts expanded and redefined the crime of rape to reflect modern notions of equality and legal propriety. Modernly, rape includes even "slight penile penetration of female sex organs" by any thing, penis or other object; by sodomy and/or oral sex. Generally, the modern common law definition is: Penetration of a woman's vagina, however slight, without her consent. The consent must be equatable. Hence, if a woman is unconscious or drugged up, the consent is not valid.
Old Laws: Rape And Civil Rights
2374 Words | 10 PagesRape has been defined as a nonconsensual sexual acts of violence, and for many centuries, it was a widely known phenomenon in the private life and women had to face the repercussions of the violent act without receiving justice and prosecuting her perpetrator. Many years has since passed and in the year 2016, there are Federal Laws such as the 14th and 19th amendment, along with the Civil Rights Act of 1964 that ensure the perpetrators are punished and that women are protected however, there are many obstacles in the way of achieving rape law reform like old laws based on misogynistic theories, laws differentiating state by state, unfair treatment by the government and law enforcement that prevent women from fully being protected. Women have
Statutory Rape Laws
1087 Words | 5 PagesAnother fact that can be brought up is that some minors are more mature than others. So why doesn 't this change the statutory rape laws. To make sure every court has an equal understanding otherwise it would only favor those on each case. To base Statutory laws on situational factors is really unfair. Laws can not be changed on each case basis.
Essay On Statutory Sexual Assault
458 Words | 2 PagesGenerally, the person with whom someone enters into a relationship with is no one’s business but his or her own. However, depending on a couple’s ages, getting intimate with a partner may be considered a criminal offense in Pennsylvania. Being convicted of statutory sexual assault charge can have serious consequences with lasting effects. Recently, Fox 43 reported that a 19-year-old man was arrested on statutory rape charges in West Hempfield Township.
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