Rape Legislation Research Articles

The Dimensions of Rape Reform Legislation

Largely as a result of the feminist movement, most states have passed some form of rape reform legislation. Most rape law research has attempted to ascertain whether the reformed laws have achieved specific instrumental goals. In contrast, this paper emphasizes rape law reform as a symbolic indicator of women's contemporary social status. We believe there is a need for a greater appreciation of the diversity of rape law reform across the country and of the coexistence of traditional and feminist elements in contemporary law. Through a comprehensive empirical assessment of state rape statutes, we identify the different dimensions of rape legislation and provide insight into the degree to which feminist conceptualizations of rape have achieved social legitimacy.

Sexual Assault Prosecution:

Since the mid-1970s virtually every state has altered its rape legislation in an effort to rectify problems in the prosecution of such crimes. Because implementation of rape reform statutes can affect the success of these efforts, and because prosecutors play a decisive role in the process, this study assesses one aspect of the effectiveness of reform rape legislation by measuring attrition and conviction rates in the prosecution of sexual assault. Attrition rate in one Michigan jurisdiction operating under the model Criminal Sexual Conduct Code are discussed and then compared to other research data. This comparative examination indicates that the law can be productively employed to combat problems, such as high attrition and low conviction rates, historically associated with prosecution of sexual assault offenses. It is also noted that problems may persist despite reform legislation. For instance, while attrition and conviction rates in this research jurisdiction compared favorably to all other available...

Sexual Assault Prosecution : An Examination of Model Rape Legislation in Michigan

Sexual Assault Prosecution : An Examination of Model Rape Legislation in Michigan

Sexual assault prosecution: An examination of model rape legislation in Michigan

Sexual assault prosecution: An examination of model rape legislation in Michigan

Q: What has Reform of Rape Legislation Wrought? A: Truth in Criminal Labelling

This article compares the impact of common law and reform rape legislation on prosecution, based on an analysis of 445 forcible and statutory rape cases in King County, Washington. In both types of cases, reform of the legal definition of rape resulted in (1) no change in the overall rates of convictions and pleas, although the new gradations of the crime led to more convictions and pleas labelled “rape” rather than some surrogate offense (e.g., assault), and (2) no change in the overall rate of charging, because the decision‐making criteria used by prosecutors at their discretion have remained the same under both statutory schemes. Reform of the penalties for rape, adapted to the degrees of culpability, resulted in more certain but not necessarily more severe punishment, an outcome embraced by general deterrence theory. The conclusion is that the main impact of the statutory reform has been a symbolic and educative one for society at large, rather than an instrumental one for law enforcement. Implications are drawn from the results for the reformulation of rape law in terms of a well‐reasoned principle of nonconsent, and for administrative policy in rape prosecutions based upon standards for the exercise of charging discretion.

The Resistance Standard in Rape Legislation

The Resistance Standard in Rape Legislation