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Lecture 9

LAWS 2302 Lecture 9: LAWS 2302: Criminal Law Lecture 9

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LAWS 2302
Mike Smith

Lecture 9 Rape vs. sexual assault, what is the difference? Prior to the 1980s we had legal definitions that we now know to be sexual assaults were called rape. The laws now catch more behaviors surrounding rape that the old laws didnt. Concept of rape before: crime wasnt about womens integrity. More restricted. Read book. Old definition of rape: 4 requirements for rape to be meant 1) had to be vaginal penetration. No penetration then no rape (groping, or anal didnt count). 2) had to be a women to be a victim of rape men werent able to be victims. Male and male sexual contact was outlawed so if one raped the other it didnt count as rape. 3) it has to occur between two adults that werent married (women who is raped by husband didnt count because back then women were looked at as the property of man). 4) Lack of consent for it to be rape. More of the males perception of rape so doing the investigation they would put the emphasis on whether the man felt he had consent or didnt have consent from the women not if she didnt give consent. These laws were based on myths, ideologies or social norms that formed these laws. Belief that rape is rare and didnt occur a lot. The image of the rapist was a perverted, outsider or monster not like a civilized normal man. Another myth was that rape didnt have to good girls (girls who dress modestly and arent promiscuous). The promiscuous women who were raped it was there fault. Women should be able to resist rape and fight back not just let it happen (if she did let it happen and wasnt actively resistant then the court believed she was giving consent). Responsibility on women for women to not put themselves in a dangerous situation (accept a drink from a man at a bar) or else it is your fault. Rape wasnt seen as a societal problem because only the outsiders or deviant people do it. Women are more or less innocent: more innocent (middle class virgin) less innocent (promiscuous poor person). If there were a trial the women was the one who was being tried most of the time where she had to prove to the court that she wasnt promiscuous. Rape was a crime of passion and happened spontaneously because the man is suddenly overcome and cant control himself. This would excuse the responsibility of the
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