Toward a New Law on Rape

Martin D. Schwartz; Todd R. Clear

doi:10.1177/001112878002600201

Toward a New Law on Rape

Martin D. Schwartz, Todd R. Clear

School of Law, Newark

Rutgers, The State University

Research output: Contribution to journal › Article › peer-review

Abstract

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.

Original language	American English
Pages (from-to)	129-151
Number of pages	23
Journal	Crime and Delinquency
Volume	26
Issue number	2
DOIs	https://doi.org/10.1177/001112878002600201
State	Published - Apr 1980

ASJC Scopus subject areas

Pathology and Forensic Medicine
Law

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Toward a New Law on Rape

Abstract

ASJC Scopus subject areas

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