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Rape

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Articles 151 - 180 of 193

Full-Text Articles in Criminal Law

Sexuality, Rape, And Mental Retardation, Deborah W. Denno Jan 1997

Sexuality, Rape, And Mental Retardation, Deborah W. Denno

Faculty Scholarship

In this article, Professor Denno addresses the question of when sexual relations with a mentally retarded individual should be considered nonconsensual and therefore criminal. The article first explores the early treatment of mental retardation. It next demonstrates how old stereotypes influence the moralism inherent in modern conceptions of consent in rape determinations. Illustrating the point with reference to the Glen Ridge rape case, the article shows how courts applying contemporary rape statutes typically hold mentally retarded individuals to a higher standard of consent than nonretarded individuals. As a result, courts are hurting the very people they are supposed to protect …

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Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

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Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe Jan 1996

Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe

Fordham Urban Law Journal

This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …

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Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein Jan 1996

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Scholarly Works

No abstract provided.

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New Federal Rules In Sex Offense Cases, Lynn Mclain Dec 1995

New Federal Rules In Sex Offense Cases, Lynn Mclain

All Faculty Scholarship

This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.

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Feminist Legal Scholarship On Rape: A Maturing Look At One Form Of Violence Against Women, Morrison Torrey Oct 1995

Feminist Legal Scholarship On Rape: A Maturing Look At One Form Of Violence Against Women, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren Sep 1995

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …

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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 …

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Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis Oct 1994

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.

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Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo Jan 1994

Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo

All Faculty Scholarship

This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …

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Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday May 1993

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

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Prostitution And Male Supremacy, Andrea Dworkin Jan 1993

Prostitution And Male Supremacy, Andrea Dworkin

Michigan Journal of Gender & Law

The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …

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Prostitution And Civil Rights, Catharine A. Mackinnon Jan 1993

Prostitution And Civil Rights, Catharine A. Mackinnon

Michigan Journal of Gender & Law

The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.

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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.

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Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson Jan 1993

Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson

Scholarly Works

No abstract provided.

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Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West Jan 1993

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, …

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The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown Jan 1992

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.

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Rape And Responsibility, Lynne Henderson Jan 1992

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 …

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Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

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 …

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The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty Jan 1990

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 …

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Reexamining The Law Of Rape, Janet E. Findlater May 1988

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich

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Review Essay. What Makes Rape A Crime?, Lynne N. Henderson Jan 1988

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

Articles by Maurer Faculty

No abstract provided.

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Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello Jan 1988

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. …

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The Ultimate Violation, Todd Maybrown May 1987

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland

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Confronting Rape Shield, Allison I. Connelly Apr 1987

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.

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What Makes Rape A Crime?, Lynne Henderson Jan 1987

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.

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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 Apr 1986

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.

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Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks Dec 1977

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 …

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Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer Jan 1974

Legislative Note: Michigan'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 …

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Michigan V. Tucker, Lewis F. Powell Jr. Oct 1973

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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