StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Common Law Rape and Modern Statutes Describing Sexual Assault - Essay Example

Comments (1) Cite this document
Summary
The essay explores the differences between the common law on rape and the modern statutes describing sexual assault. It is evidently clear from the discussion that common law and modern statutes that describe sexual assaults are different in so many ways…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
Common Law Rape and Modern Statutes Describing Sexual Assault
Read TextPreview

Extract of sample "Common Law Rape and Modern Statutes Describing Sexual Assault"

Sexual Assault Common law and modern statutes that describe sexual assaults are different in so many ways. Common law on rape is the traditional statute that guides the crime of rape and describes the sexual assault that is qualified to be called rape. While modern statutes are more like an amendment on the common law on rape as the modern statutes include some cases that common law stipulates that are not qualified to be called rape cases. The differences that exist between the common law on rape and the modern statutes describing sexual assault shall be established in this paper. According to common law, rape is a crime and the rapist must be duly punished for the attempt to forcefully have sexual intercourse with a helpless victim (Bacigal, 2001). Common law states that rape cannot be committed between husbands and wife as it is believed that a man cannot in any way rape his own wife (Bacigal, 2001). This is actually the disparity that exists between common law and modern statutes with regards to sexual assault. Modern statutes stipulate that a man that forces his wife to have sexual intercourse with him is guilty of rape and should be convicted like any other rapist. Common law treated the wives as the property of their husbands and even if the man uses force to have sex with her, he is not in any way guilty of raping her. Modern law stipulates that a man must seek the consent of his wife before sexually penetrating her as the use of force by the man is a case of rape and the man must be duly punished. Thus, common law stipulates that a case of rape cannot exist between husband and wife, while modern statutes stipulates that a man can force his unwilling wife to have sex with him and in this case, the man has committed the offence of rape and must be punished according to the punishment that is given to rapists (Bacigal, 2001). To say that rape statute is “not gender specific” simply means that rape can be committed by both males and females. It was generally believed that it was only the males that committed rape, while the females were the victims of rape. In these days and with the modern statutes’ modification of the common law on the issue of rape, rape statutes are no longer gender specific. Men could also press charges on women for sexually assaulting them as laws have been enacted to make men to sue women that have tried one way or the other to rape them. Thus, rape statute is not gender specific as the law that allows females to sue males for rape also permit the men to sue women for rape charges. Thus, males and females could be victims of rape and rapists. ? Reference Bacigal, R.J. (2001). Criminal Law and Procedure: An Introduction. 2nd ed. New York: Wadsworth. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Common Law Rape and Modern Statutes Describing Sexual Assault Essay”, n.d.)
Retrieved from https://studentshare.org/law/1417554-common-law-rape-and-modern-statutes-describing-sexual-assault
(Common Law Rape and Modern Statutes Describing Sexual Assault Essay)
https://studentshare.org/law/1417554-common-law-rape-and-modern-statutes-describing-sexual-assault.
“Common Law Rape and Modern Statutes Describing Sexual Assault Essay”, n.d. https://studentshare.org/law/1417554-common-law-rape-and-modern-statutes-describing-sexual-assault.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
le
leonorahartmann added comment 2 years ago
Student rated this paper as
I had an issue with a essay types of works. All until I came across this website and this particular paper. Even though "Common Law Rape and Modern Statutes Describing Sexual Assault" is far from my studies, the structure is so great that I use it all the time as an example for my own works.

CHECK THESE SAMPLES OF Common Law Rape and Modern Statutes Describing Sexual Assault

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

Humanistic Buddhism: A Way of Nirvana for Modern Man

However, how many people in today’s modern world are ready to renounce their life of comfort and materialistic pleasure to know the ultimate truth of life? Hardly anyone will be ready to renounce the pleasures of life. Hence, as Buddhism was believed to be a religion of suffering and severe self-discipline, very few people from the modern world were ready to practice it. However, Humanistic Buddhism, by modifying the teachings and simplifying the practices of the religion, gave a fresh and renewed beginning to Buddhism. Humanistic Buddhism, by modifying its practices to suit the social demands of modern life, has not just saved Buddhism from dying out but has also helped people to find happiness and satisfaction in life by s...
8 Pages(2000 words)Assignment

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Discovering the Tragic Hero: Ancient and Modern

...Discovering the Tragic Hero: Ancient and Modern The concept of the tragic hero was first brought forward in ancient Greek mythology through the writings of the philosopher Aristotle as he described the important individual characteristics the tragic hero must possess. Although Aristotle outlines three requisite character traits that the tragic hero should possess, he qualifies the definition of the tragic hero with a set of events that must also take place before the hero can be considered truly tragic. Once this process is understood, it is easy to see how the sudden downfall of a mighty man, such as Oedipus the King from the play by Sophocles for example, would be dramatic and shocking to a public dominated by strict social classes...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Common Law Rape and Modern Statutes Describing Sexual Assault for FREE!

Contact Us