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Rape And Force: The Forgotten Mens Rea, Kit Kinports
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Journal Articles
In rape cases involving physical violence or express threats of physical harm, proof of the actus reus obviously does establish mens rea with respect to force as well as nonconsent. A defendant who beat or threatened to kill his victim could hardly raise a plausible argument that he did not know he was using force. But, in other circumstances, the defendant's mens rea vis-a-vis force may be less clear, and it may therefore make a difference whether a rape conviction requires proof that the defendant purposely intended to use force, or whether it is enough that he knew he was …
Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones
Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones
Vanderbilt Law School Faculty Publications
This review essay discusses the book A Natural History of Rape: Biological Bases of Sexual Coercion, by Randy Thornhill and Craig Palmer (MIT Press, 2000). The essay builds on work previously appearing in Owen D. Jones, Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999) and Owen D. Jones, Law and the Biology of Rape: Reflections on Transitions, 11 Hastings Women's Law Journal 151 (2000).