Facing with much criticism from women’s group with the legal
definitions of rape and how rape cases are being processed in the
legal system, the government is forced to pass a Rape Law reform in
the 1970s. Rape law reform urging courts to treat rape case the same
as other crimes, rape law reforms modified traditional rape laws and
ratified evidentiary reforms in every state in the United States. The
most common and widespread changes occurred in three areas. First,
rape was redefined so that there was no longer a single crime of rape.
Second, the victim was no longer required to support her testimony.
The third and perhaps most important area of change, known as rape
shield laws, prevented defense attorney from introducing information
about a victim’s prior sexual behavior. These statutes were intended
to address the problem that jurors perceive a victim’s prior sexual
history to be probative of a victim’s credibility, moral character,
and consent. Proponents of the statutes argued that these perceptions
have a prejudicial impact on the jury decision-making process.
However, along with much strength of this statue, there are also many
weaknesses of the rape shield laws.
The strengths of the rape shield laws are that the statue tends to
exclude the defense counsel from introducing an alleged victim’s prior
sexual history into evidence. By limiting the defendant’s use of a
victim’s sexual past, the laws attempt to prevent this evidence from
being unfairly used to discredit the victim’s credibility. For
example, a man was accused of assault and battery during a sexual
encounter. However, the victim also has a hist...
... middle of paper ...
...r than Bryan in the 15 hours between the
alleged rape and the medical exam, and sperm and semen from a man
other than Bryant were found on the underwear she wore to the exam. If
it weren’t for the exception rule to the rape shield laws, those
evidences wouldn’t be introduced to the trial. As a result, that would
play on the advantages of the accuser and it wouldn’t be a fair trial
Additionally, despite rape shield laws, evidence of a prior sexual
relationship between the victim and the defendant will most likely be
admitted, even when evidence concerns a single encounter months before
the rape. This is particularly discouraging for acquaintance rape
cases, where consent is typically a defense. As it shown, the rape
shield laws can play as a strengths and weaknesses both for the
victims and defendants.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- accused and, in reality, it is [the victim] who must prove [their] good reputation, [their] mental soundness, and [their] impeccable propriety” (215). This is still true in today 's day and age. Victims of rape still have to decide if they are going to report their rapes or not. They are forced to deal with the many traumatic side effects. Some of those side effects are physical, some are emotional and some are a chaotic combination of both. Also the victims of rape have to handle the sometimes crippling stigmas associated with being a victim of rape,including being blamed for their own assault.... [tags: Rape, Human sexual behavior, Sexual intercourse]
1589 words (4.5 pages)
- According to Merriam Webster statutory rape is the crime of having sex with someone who is younger than an age that is specified by law. Depending on the state the ages vary. The sex could be forcible or not forced. As many know it is considered rape if sexual intercourse is within a four year age difference. However, people may not realize that it is illegal for a seventeen year old and an eighteen year old to have sex under statutory rape laws. Even though the two people are only a year apart it is still considered rape if brought into court.... [tags: Rape, Sexual intercourse, Statutory rape]
961 words (2.7 pages)
- Rape, which result from low self-esteemed men, some having experienced rejection from women, refuse to understand and accept NO from a female that find these recluses not so much sexually appealing. If it is not dealing with women, these “sickos” resort to imposing themselves on minors—sometimes babies, to satisfy sexual insatiability because they lack the self-confidence to confront and handle real women. Aside from low self-esteem and possible rejection by women, male rapists might be the types that are ashamed of their bodies.... [tags: Abuse, Child abuse, Bullying, Gender]
1015 words (2.9 pages)
- In the 1970's, under pressure from feminist activists, lawyers, and legislators, most states changed their rape laws to ease the emotional burden of rape victims who testified in court. They had found that, for many women, going through the legal process was as painful as the rape itself. No longer did a woman have to show up in the court with broken bones and missing teeth to be taken seriously. Rape shield laws prohibited lawyers from delving into the victim's sexual history. As a result, rape victims started coming forward, and not only those attacked by strangers, but those assaulted by coworkers, classmates, family members, and acquaintances.... [tags: Rape Law Legislation]
1197 words (3.4 pages)
- Despite the laws that have been established to deal with rape cases, the evident injustices still lurk within our system. Any form of sexual assault is a serious case for the reason that it is a clear human rights violation. When it comes to the topic of rape, most of us will readily agree that it is a sensitive subject. Where this agreement usually ends, however, is on the question of the validity of the court decision on such cases. Whereas some are convinced that sentences for rape are inconsistent with the law, others maintain that the court decisions are always reasonable.... [tags: Rape, Sexual intercourse, Human sexual behavior]
1975 words (5.6 pages)
- Introduction Motivation and background Decisions about optimizing the capital structure of the firm, no matter if it is a small business or a global corporation, has always been an important issue for the management. Various authors, (e.g. Booth (2002), Cooper and Nyborg (2006), Farber, Gillet and Szafarz (2006)) state that debt policy may only be viewed in terms of maintaining a fixed market value debt ratio (Miles-Ezzell assumption) or a fixed dollar amount of debt (Modigliani-Miller assumption).... [tags: Tax Shield of Debt]
1648 words (4.7 pages)
- This is a paper about rape and prevention programs for rape. I could not find anything about preventing rape locally so found a website that goes in all 50 states. Rape is about power and is a crime that should not be taken lightly(Nemeth,2012). Rape is classified as sexual assault in Arizona and had a lot more detail in it then just rape(Format Document,2012). I could not find anything about rape prevention in bullhead city. But I found the CDC 's Rape Prevention Program(CDC,2014). It is a program where people get educated about rape.... [tags: Rape, Sexual intercourse, Abuse, Sexual assault]
1222 words (3.5 pages)
- DATE RAPE Introduction I’m assuming that you 've all heard of date rape. Apart from knowing what the physical side of rape is, there are many students who aren 't aware of the facts in depth of what really happens in these circumstances. So today I’m going to briefly talk about this. I‘m sure you’ll all agree with me that it’s quite scary at any time learning about date rape, but so much worse if you become a victim. No one wants to be a victim, so it’s important that we know about the drugs used and furthermore, what to do if you become a victim.... [tags: Rape, Date rape drug, Sexual intercourse]
1011 words (2.9 pages)
- Date rape is not a rare incident. Surveys indicate that in 84% of rape cases, the victim knows the attacker, and 57% of rapes occur on dates (Warshaw 11). However, what is even more surprising than these high statistics is that most incidents of date rape go unreported. Several theories exist that try to explain this phenomenon. For example, many women may refuse to believe that their “friend” raped them. In fact, they could eventually convince themselves that it never happened. Additionally, there is confusion following the attack in which memory and emotions become mixed up.... [tags: The Tragedy of Date Rape]
2293 words (6.6 pages)
- The Rape of the Lock Pope's portrayal of Belinda and her society in 'The Rape of the Lock' This Lock, the Muse shall consecrate to Fame, And mid'st the Stars inscribe Belinda's Name. In 'The Rape of the Lock' Alexander Pope (1688-1744) employs a mock-epic style to satirise the 'beau-monde' (fashionable world, society of the elite) of eighteenth century England. The richness of the poem, however, reveals more than a straightforward satirical attack. Alongside the criticism we can detect Pope's fascination with, and perhaps admiration for, Belinda and the society in which she moves.... [tags: The Rape of the Lock Alexander Pope Essays]
2000 words (5.7 pages)