Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape
feelings of inadequacy could of lead to her first episode of depression. Depression would invade the rest of her life. In 1906, she entered medical school, against her parents' wishes as well as the opinions of polite society of the time. She met a law student named Oscar Horney, whom she married in 1909. She later had three daughters by him. She had married a man not unlike her father: Oscar was an authoritarian as harsh with his children just like Karen's father was with her. She did not stop
states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented
March 20,2014 First Draft: Research Paper In the film Thelma and Louise, the scene in which Thelma is almost raped is important because it reveals the mindset of society at that time. The scene leading up to Thelma’s almost rape is just as important as the almost rape. Thelma and Louise stop at a bar on their way to the mountains for their girl’s weekend. At the bar a local man named Harlan hits on the two women especially Thelma, and Louise just seems annoyed with him. He buys the women a round
conditions are not met then anonymity should not be extended” (Richardson, 2014). Currently there are 49 states in the United States that have shield laws and in most cases the law acknowledges journalists are compelled to divulge their source in some situations (Fargo, 2011). There never will be a shield law that will grant complete safeguard to sources. Laws will consistently attempt a compromise to initiate equilibrium. It is ... ... middle of paper ... ...cret is important to the public and
Victims of rape still have to decide if they are going to report their rapes or not. They are forced to deal with the many traumatic side effects. Some of those side effects are physical, some are emotional and some are a chaotic combination of both. Also the victims of rape have to handle the sometimes crippling stigmas associated with being a victim of rape,including being blamed for their own assault. A rape stigma as defined in the Encyclopedia of Rape, “ is the negative perception of a rape survivor’s
to render a verdict should come only from the prosecution and defense. Such evidence is protected by the "Rules of Evidence" enforced by the judge. This case also presents special circumstances due to the "Rape Shield Law" a non-sequestered jury will be exposed to evidence not allowed by law at the trial that could prejudice their verdict. In a trial with the notoriety of the Bryant, trial sequestration also makes sure jurors are not pressured by the views of others they might come in contact with
Rape is considered any sexual act that is forced upon a person. Every year there are more than 100,000 rapes reported in the United States. Victims of rape often suffer from post-traumatic stress disorder and rape trauma syndrome. The effects of being raped impact the lives of the victims and their families forever. Throughout history females have been considered the lesser sex, and in some cases have even been considered a man’s property. Today young people are exposed to sexually explicit material
Under early common law, the elements of rape included forcible intercourse, lack of consent, or consent obtained by force, evidence of extreme resistance, and backed up by corroborating evidence to support the victim’s testimony. While there have been many changes to the definition of rape over the years, the corroborating element meant that the victim’s testimony alone was not sufficient in proving the elements of rape and had to be backed up by corroborating evidence to get a conviction. Strom
it fails to encompass central issues of rape culture: societal perceptions, the victim, and the justice system. Sexual assault is a phenomenon that has been around for centuries. The culture of sexual assault is rooted in both legal practices and societal perceptions; in order for its reforms to be effective, they need to target both aspects of rape culture, as one factor by itself is not enough to maintain reforms and foster needed change. The culture of rape—how it is defined, its victims and its
statutory rape is the crime of having sex with someone who is younger than an age that is specified by law. Depending on the state the ages vary. The sex could be forcible or not forced. As many know it is considered rape if sexual intercourse is within a four year age difference. However, people may not realize that it is illegal for a seventeen year old and an eighteen year old to have sex under statutory rape laws. Even though the two people are only a year apart it is still considered rape if brought
discussion on the rise of sexual assault. Sexual assault is a broad term, often used interchangeably with the term rape- however, while rape is an aspect of sexual assault, the two terms are not synonymous. Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient” (U.S. Department of Justice). Sexual assault includes rape, incest, child sexual
INTRO SENTENCE The canadian laws surrounding Rape are incredibly vague, and leave room for victim-blaming, unfounding cases and using the wrong “tier” of sexual assault to describe the case, leading women to drop the cases or not reporting them at all. SWITCH Victim-blaming is one of the main reasons women who were sexually assaulted do not come forward. Victim-blaming is the process in which a victim is held partly or sometimes entirely responsible for what happened to them. This leads women to
a sort of anonymity, which doubles, as a sort of shield to people who harass other’s online, and the law can only do so much for the victim. Sexual harassment, not only in person, but online can have devastating emotional, mental and physical repercussions to the victim who is being sexually harassed. Taking away the power the offender has is one of the ways to give the victim their life back, as well as making it
A second factor that might influence jurors in a rape trial is the victim’s sexual experience. In early rape trials, it was not uncommon for the victim’s sexual history to be entered in court as evidence of her credibility (Field, 1979). This was a discriminatory practice because a defendant could be treated leniently if it were found that the victim was “unchaste” (Field, 1979). If the victim was not a virgin, the jury might think that if she consented to sexual intercourse once before, she could
their bad decisions and good people are rewarded for their good decisions. Unfortunately, the psychological mechanisms that allow us to feel best about ourselves are not always the same ones that allow us to make the best decisions. We blame victims of rape not for their own good but for our own mental security that nothing like that could ever happen to someone like us. Luckily, there are some instances in which the sentiment that allows us to feel good is also one that accurately reflects reality--such
case created many disagreement’s with feminists on the topic of rape myths. It has not only been seen as a precedent for the criminal law but as well an eye opener for the society to create awareness for this act. Since society continues to support most rape myths, it overlooks the act itself and puts the blame and responsibility on the victim as opposed to the perpetrator. This has created a rape culture within society. The term rape culture was created to demonstrate the ways in which victims were
X was not raped under the extrinsic test because to be committing rape under the extrinsic test, the rape should occur under an act of force beyond the physical effort which required to achieve sexual penetration. Even though, when Y and other team members tell X that X must submit to hazing, X agreed to whatever is involved. Then again, X withdraw X consent during the sexual penetration. However, under the extrinsic test the law limits the liability. On the other hand, X was raped under the intrinsic
strengthen law enforcement, as well as services to victims. It also created safe havens for involved children, strengthened education, and recognized the issues faced by battered immigrant women. Because of this act and its reauthorization close to 50% of violent acts--committed by intimate partners--declined (McLaughlin, 2005 ).This
Rape has long been considered as one of the worst of crimes, but for centuries it was handled without much care for the victim. It used to be thought of as more of a harm against the man, husband or father, instead of something against the woman. In the past, some rapists were punished severely while others were not. This typically depended a great deal on the social status of both the victim and the aggressor (Karmen, 2010). For example, in biblical times, a man could be sentenced to death for the