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Full-Text Articles in Law

Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards Sep 2010

Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards

Golden Gate University Law Review

This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators …


Tougher Prosecution When The Rapist Is Not A Stranger: Suggested Reform To The California Penal Code, Allison West Sep 2010

Tougher Prosecution When The Rapist Is Not A Stranger: Suggested Reform To The California Penal Code, Allison West

Golden Gate University Law Review

This article advocates changes to existing California statutes to better protect the rights of victims of nonstranger rape. As this article will show, the mere happenstance that a victim knows her rapist too often changes the dynamics of the prosecution and the perception of the victim. Section II of this Article discusses the differences between stranger and nonstranger rape, looking specifically at the psychological factors that distinguish the victims of each type of crime. Section II also focuses on the nonstranger rape victim's difficulty in reconciling that the randomness of the violence against her is absent compared to the victim …


Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson Jan 2010

Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson

Publications and Research

No abstract provided.


An Examination Of Factors Influencing The Definition Of Rape, Connie Sue Minton Apr 1995

An Examination Of Factors Influencing The Definition Of Rape, Connie Sue Minton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this thesis is to examine the concept of rape and factors which influence the definition of rape. A survey consisting of demographic and attitudinal questions and rape scenarios was administered to college students at two middle-sized universities in the southeast. The results indicate that as the level of intimacy between the victim and the rapist increases the likelihood of a situation being defined as a rape decreases. In this study religion and political attitudes were two independent variables which did not influence the definition of rape while race, gender, relationships with women, and attitudes toward women were …


Recognizing Acquaintance Rape In Potentially Consensual Situations: A Re-Examination Of Thomas Hardy's Tess Of The D'Urbervilles, Kathleen F. Cairney Jan 1995

Recognizing Acquaintance Rape In Potentially Consensual Situations: A Re-Examination Of Thomas Hardy's Tess Of The D'Urbervilles, Kathleen F. Cairney

American University Journal of Gender, Social Policy & the Law

No abstract provided.