Bachelor of Arts
Rape, Legal, Law, Women, Definition, Sex, Sexual, Assaults, Reform, Theory
The first that I will explore is the criticism of the wording of the law. Defining the crime of rape was seen as vital, in that, in many states it was impossible to get a conviction for certain types of sexual assaults, simply because statutorily they did not exist (Chappell. 1976). The second aspect of rape reform theory that I will review is the arguments that attempt to prove that rape is similar to other forms of criminal assault. This body of thought fits into an equality based argument that has been championed by some feminist legal theorists that deal with a great variety of subject matter (Bartlett & Kennedy, 1991). These theorists have worked to reduce the sentiment that rape is a special case because it involves sexual activities or motives. This type of theory has been highly influenced by the school of thought within the rape crisis movement that rape is not sex, it is violence (Brownmiller, 1975).
Richman, Beth Ann, "Rape Law Reform's Limits" (1994). Honors Papers. 549.