TY - JOUR
T1 - Toward a New Law on Rape
AU - Schwartz, Martin D.
AU - Clear, Todd R.
PY - 1980/4
Y1 - 1980/4
N2 - Forcible rape has become a major issue in the past decade, not only for political reasons but also because of the unique practical roadblocks placed in the path of prosecution by criminal law. A number of approaches to removing these obstacles are discussed here, based largely on the idea, acceptable from both a feminist and a practical standpoint, that rape law be “normalized” as part of a general assault code, rather than remaining a separate sex crime statute. Such a change would not only be an important political statement by the criminal law, but would also automatically remove most of the problems discussed in the literature. A suggested basic statute takes into account problems ranging from psychological harm to rape shield laws to statutory rape, in addition to the usual complaints about rape law.
AB - Forcible rape has become a major issue in the past decade, not only for political reasons but also because of the unique practical roadblocks placed in the path of prosecution by criminal law. A number of approaches to removing these obstacles are discussed here, based largely on the idea, acceptable from both a feminist and a practical standpoint, that rape law be “normalized” as part of a general assault code, rather than remaining a separate sex crime statute. Such a change would not only be an important political statement by the criminal law, but would also automatically remove most of the problems discussed in the literature. A suggested basic statute takes into account problems ranging from psychological harm to rape shield laws to statutory rape, in addition to the usual complaints about rape law.
UR - http://www.scopus.com/inward/record.url?scp=0018823560&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=0018823560&partnerID=8YFLogxK
U2 - https://doi.org/10.1177/001112878002600201
DO - https://doi.org/10.1177/001112878002600201
M3 - Article
SN - 0011-1287
VL - 26
SP - 129
EP - 151
JO - Crime and Delinquency
JF - Crime and Delinquency
IS - 2
ER -