Rape, the Law, and Private Property

Abstract

Historical developments in rape laws argue against the now-popular notion that the law, which originally protected property, continues to protect male property rights. Also, these developments have been strongly influenced by modes of production, but the law cannot be adequately understood by reducing the property relationships in volved simply to the possession of women by men. While this restrict ed use of the term property may be somewhat meaningful when refer ring to slave societies, it is not very useful when dealing with kinship societies, emerging feudal class distinctions, colonial relationships, or personal dependency relations in the modern American home. Ex amples of rape laws in a variety of contemporary and historical social formations are given, and especially noted is the general trend toward recognition of women's legal rights in the United States.