Sexual Scripts and Criminal Statutes: Gender Restrictions, Spousal Allowances, and Victim Accountability After Rape Law Reform

2017 ◽  
Vol 24 (3) ◽  
pp. 322-349 ◽  
Author(s):  
Ethan Czuy Levine
Keyword(s):  
Mixed Methods ◽  
Sexual Violence ◽  
Legal Reform ◽  
Sexual Scripts ◽  
Law Reform ◽  
Social Perceptions ◽  
Physical Force ◽  
Rape Law ◽  
Rape Law Reform ◽  
Spousal Rape

The author provides a mixed-methods assessment of U.S. rape statutes to assess progress in reform. Contemporary statutes offer restrictive frameworks for distinguishing criminal from noncriminal sexual violence, many of which are grounded in gendered and heterosexist assumptions. Fourteen states retain gender restrictions in rape statutes. Twenty maintain marital distinctions that limit accountability for spousal rape. Furthermore, whereas explicit resistance requirements have been eliminated nationwide, implicit resistance expectations manifest through emphasis on physical force and involuntary intoxication. Analyses conclude with recommendations for further legal reform and a discussion of the potential for legislation to affect broader social perceptions of rape.

Rape law reform in Britain

Society ◽  
2000 ◽  
Vol 37 (4) ◽  
pp. 57-62 ◽  
Author(s):  
Sara Hinchliffe
Keyword(s):  
Law Reform ◽  
Rape Law ◽  
Rape Law Reform

The Modern Politics of Sexual Assault Prosecution

2020 ◽  
pp. 13-18
Author(s):  
Matthew Barry Johnson
Keyword(s):  
Sexual Assault ◽  
Acquaintance Rape ◽  
Common Type ◽  
Reform Movement ◽  
Law Reform ◽  
Legal Process ◽  
Rape Law ◽  
Modern Politics ◽  
Rape Law Reform ◽  
The Us

This chapter presents and discusses the “rape law reform” movement that emerged in the 1970s. The movement sought reforms designed to encourage victims to make official reports and facilitate the successful prosecution of rape and sexual assault. The movement achieved legislative and practice reform, but there was no discernible increase in sexual assault convictions. The rape law reform movement solidified an alliance of concern that strengthened vigorous prosecution of “stranger rapes” but had little impact on the more common type of rape, “acquaintance rape.” Rape law reform advocacy produced dramatic and rapid legislative change, change that was clearly warranted not only for victims of sexual assault, but also reform that contributed to the integrity of the US legal process.

Rape Law Reform: How Far Have We Come?

1988 ◽  
Vol 68 (2) ◽  
pp. 3-10
Author(s):  
Diane M. Daane
Keyword(s):  
Law Reform ◽  
Rape Law ◽  
Rape Law Reform

scholarly journals Sexual Assault Cases at the Alberta Court of Appeal: The Roots of Ewanchuk and the Unfinished Revolution

2014 ◽  
Vol 52 (1) ◽  
pp. 127 ◽  
Author(s):  
Janine Benedet
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Law Reform ◽  
Sexual Offences ◽  
Rape Law ◽  
Rape Law Reform ◽  
Definition Of ◽  
Court Of Appeal

This article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision.

The Failure of Feminism? Rape Law Reform in the Republic of Ireland, 1980–2017

2018 ◽  
Vol 36 (4) ◽  
pp. 689-712 ◽  
Author(s):  
Ciara Molloy
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Reform ◽  
Bodily Integrity ◽  
Republic Of Ireland ◽  
Legal Reforms ◽  
Rape Law ◽  
Rape Law Reform ◽  
The Republic

Based on Carol Smart's observation that rape law reform as lobbied for by the feminist movement during the 1970s and 1980s failed to achieve any meaningful change, this article seeks to examine the nature and implications of rape law reform in the Republic of Ireland from the 1980s to the present day. During the 1980s the conceptualization of rape changed from a proprietorial crime to a violation of individual bodily integrity due to feminist lobbying efforts and the emergence of a victim-centered approach in the criminal justice system. Though this changing conceptualisation has led to significant attitudinal change, particularly surrounding the issues of acquaintance and marital rape, procedural change has failed to secure higher conviction rates. In particular, this article demonstrates that the legal reforms achieved in the 1980s potentially resulted in a 2% decrease in rape conviction rates by 2007. When compared to England/Wales, conviction rates as distinctive from prosecution rates in Ireland remain chronically low. This indicates that any legal reforms must take account of the institutional bias ingrained the Irish criminal justice system against female rape complainants, which has continuing relevance for Irish legislation pertaining to sexual violence such as the Criminal Law (Sexual Offences) Act, 2017. Overall this article suggests that rape is an exceptional crime and needs to be reassessed as such.

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