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1993

Criminal Law

Rape

Fordham Law School

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Maiming The Soul: Judges, Sentencing And The Myth Of The Nonviolent Rapist, Lynn Hecht Schafran Jan 1993

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.