Law Commons^™

Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran

Fordham Urban Law Journal

Rape, by definition and in sentencing, is a crime that is predicated on a male-defined concept of violence. The lack of knowledge about rape trauma produces erroneous assessments or rape and erroneous sentences for rapists. The inability to recognize the damage cause by a "nonviolent" rape trivializes the seriousness of the crime and devalues the individual victim. Judges and attorneys must expand their definitions of violence to include injury to the victim's psyche.

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.

Furthermore, according to Dripps, …

Rape And Responsibility, Lynne Henderson

Articles by Maurer Faculty

I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what …

The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty

Journal of Law and Health

It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich

Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello

University of Michigan Journal of Law Reform

This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Legal Problems Of Rape, Senate Committee On Judiciary

California Senate

No abstract provided.

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.

Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner

University of Arkansas at Little Rock Law Review

No abstract provided.

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

Legislative Note: Micigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer

University of Michigan Journal of Law Reform

Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Resistance Standard In Rape Legislation, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

The Incidence Of The Death Penalty For Rape In Virginia, Donald H. Partington

Washington and Lee Law Review

No abstract provided.

Criminal Law--Reasonable Mistake Of Age As Defense In Statutory Rape, Robin Wiseman

West Virginia Law Review

No abstract provided.

Rape-Specific Or General Intent Crime?

Washington and Lee Law Review

No abstract provided.

Statutory Rape--Previous Chaste Character, R. J. W.

West Virginia Law Review

No abstract provided.

People V. Nye [Dissent], Jesse W. Carter

Jesse Carter Opinions

Evidence of a defendant's prior attempted rape was admissible in his trial for assault with intent to rape a second victim as the evidence of the first offense showed defendant's intent when he entered the second victim's hotel room.

Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review

Michigan Law Review

After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.

Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson

Michigan Law Review

The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …

Insurance - Execution For A Criminal Offense, Herman J. Bloom

Michigan Law Review

The insured was convicted and legally executed for the crime of rape. The beneficiary sued on a life insurance policy which contained no express exemption from liability in the event of death resulting from the legal execution of the insured. The court held that the beneficiary was entitled to recover under the public policy as declared in the constitutional provision against corruption of blood and forfeiture of estate. Progressive Life Insurance Co. v. Dean, (Ark. 1936) 97 S. W. (2d) 62.

Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death

Michigan Law Review

Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …

Evidence-Corroboration In Criminal Cases

Michigan Law Review

On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.

Letter From Attorney General Langer To E. L. D** Regarding State V. Stepp Case, July 6, 1920, William Langer

William Langer Papers

In this letter, dated July 6, 1920, from North Dakota (ND) Attorney General William Langer to Mr. E. L. D** of Sarles, ND, father of the complainant in the State v. Stepp statutory rape case, Langer makes reference to an enclosed copy of a letter he has written to Cavalier County, ND State's Attorney G. Grimson in reply to Grimson's request to get Judge Nuchols to help in re-trying State v. Stepp. Langer says he wishes he could send Judge Nuchols to help with the case.

The letter Langer refers to as being enclosed was not found with this letter …

Letter From Attorney General Langer To L. F. Hinegardner Regarding Acquisition Of Legal Transcript, February 14, 1919, William Langer

William Langer Papers

In this letter, dated February 14, 1919, from North Dakota (ND) Attorney General William Langer to L. F. Hinegardner of Sarles, ND in response to Hinegardner's letter of February 10, 1919.

Langer acknowledges receipt of Hinegardner's letter, as well as the enclosed statements from Mr. and Mrs. D** and Sarles village marshall Alvah Phillebaum.

Langer says that everything said during the proceedings should have been recorded by a stenographer, and says he will contact Judge Kneeshaw to request a transcript of the proceedings.

See also:

Letter from G. Grimson to Attorney General Langer Regarding Initial Proceedings in Stepp Case, January …