The Concept of the Evolution of Rape Laws - Essay Example

The Evolution of Rape and Sexual Assault Laws and its Impact on Sentencing By + Initially, there was a common notion that rape was genetically motivated. This school of reasoning stated that by nature men could not control their sexual urges and as such should not be victimized for engaging in rape. However, it has been established that this theory does not carry substantial paradigms and every individual is responsible for their own actions. Laws ascribed to rape and sexual assaults have evolved greatly over the recent years. Initially, rape was not considered as a crime against people but was considered a crime that was against property. This is because; married women were considered to be the property of their husbands and, therefore, forced coitus by one’s spouse was not considered a crime. In this instance, it was only considered a crime if the female was an unmarried virgin. Over time, these laws have evolved so as to ensure fairness in the way such cases are handled. However, there is still inconsistency among various states in regards to the laws that relate to sexual assault. Despite all these factors, what is evident is that presently, forced penetration of both genders is a serious offence under the law. There are still some grey areas in regards to the actual definition and understanding of terms such as consent and force. It has now been widely established that forced penetration of an individual is known as rape. Recently, the definition of rape has been enhanced to include penetration without force but also without consent. Rape is a sensitive matter and these varying opinions make it difficult for one to really know if they are indeed victims of such assaults (Caringella, 2009). This will also influence their decisions to seek legal redress and report the crime to the relevant authorities. Much of this change is due to feminist groups in the United States who struggled to ensure that the rights of women were protected in regards to rape. They have been at the front line in coming up with the correct definitions and the laws that are used to prosecute offenders. It is the same group which has been at the forefront in lobbying for laws that protect women from violence. They also pushed for the adoption of rape shield laws. These laws protect a victim of sexual assault such that in case of a trial, the victim’s sexual history will not be questioned. Such questions are used to intimidate victims and try to insinuate that they had somehow attracted the rapists. By adoption of the laws, it is now easier for rape victims to report such incidences due to the fact that their sexual history will not be questioned at the trials. Marital rape is now also considered as a major crime. Previously, rape within the confines of a marriage setup was not considered a crime. It became clear that partners were taking advantage of this lapse in the law to forcefully engage their partners in sexual acts, often without their consent. Adoption of the marital rape act was seen as an important step in protecting the rights of victims particularly women. Protection of people from sexual assault has also been extended to learning institutions. School heads must take it upon themselves to ensure that there is no incidence of sexual assault. Whichever form of sexual assault that is reported should be treated with immediate action and proper corrective measures taken to ensure that such incidences do not occur again in future (Caringella, 2009). Rape can occur in various forms apart from the traditional sexual penetration. Indecent touching of a member of the opposite sexes private parts can be termed as sexual assault. Some people go to the extent of inserting foreign matter into the sexual openings of their victims. There was a common misconception that only women could be raped. This notion has changed and it is known that even men can be the victims of rape. The difference between sex and sexual assault is marked by consent of both parties. When both parties consent to a certain activity, they are fully aware of what they are getting themselves into at the present time. It is clearly stated that the fact that both parties might have known each other in a previous relationship cannot be used to claim that both parties had consented to a particular sexual activity. In some cases, the victims submit due to fear. This cannot be referred to as an act of consent and will still count as rape. What is important is the presence of choice in performing the act and the ability to say no if one party feels that their boundaries have been crossed at some point during the act. Nonverbal gestures cannot be used in a court of law to imply consent of one of the individuals. Initially, it was widely believed that rape could only be committed by strangers. This notion has changed over time with research showing that most rape victims can recognize and are fully aware of the identities of their attackers. These statistics apply to both male and female victims. Rape is a crime against humanity as it often results in the use of force to subdue the victim. Most victims have reported certain physical injuries during the attack apart from the actual rape (Caringella, 2009). What is troubling is that many people do not resist rape attempts. This is because it is assumed that further resistance can lead to the loss of life or worse injury. At times, the victims are in a state of shock and do not have the power to resist such attacks when they occur. The psychological effect that rape has on the victims is diverse and this can prevent the victim from reporting the action to the authorities (Caringella, 2009). The victims experience feelings of fear, depression, guilt, anxiety and some even develop panic disorders. Many do not believe what has happened to them and this makes them shut out the act from their minds and try to pretend that it did not actually happed. This coupled with the embarrassment that they experience has made many rape victims refrain from reporting these instances to the authorities. The laws that are in place try to consider the effect that rape has on the victims and therefore; tries to protect them so that even if they open up about the act they receive all the necessary protection. Despite all the shortcomings of the law in previous years, there has been major improvement in the laws that deal with sexual assault. One of the important improvements is that use of force is not a necessary requirement for rape. The term, penetration, was also expanded to not only include vaginal penetration but also include anal and the mouth. According to the law there are different factors that determine whether an individual can consent to a sexual act. Some of the determinants include age. Each territory has its own age limit that can be used to determine whether the sexual act was lawful or not. Other factors that are considered are whether the victim was under a group of adults considered vulnerable, whether they had mental disability, any physical disability, unconscious and whether they were intoxicated or not. In the past, rapists were castrated for engaging in the act. But due to the rule of law there has been a change in the sentences that are given to rapists. Research shows that 88% of rape assailants do not pay for the crimes that they have committed. This is because many victims do not report the crime. Even in cases where they are reported and the assailant is brought to trial, there have been instances where the assailants have been let off with light sentences since such assaults are somehow difficult to prove in court of law. A survey across the United States correctional facilities indicates that the average prison term for a rapist is 11 years in prison. Recently, there was the introduction of a law that set the capital punishment for people who engaged in child rape. It is evident that it is when the law is beginning to apply pressure so as to ensure that rapists get adequate punishments for their crimes. In practice, sexual assault cases often go unreported and they have very low conviction rates (Caringella, 2009). This is because victims do not usually want people to find out what has happened to them. This is made worse by a general feeling that the victim might have brought it upon themselves. There is also the case of hostile law enforcement officers, prosecutors and judges who already have a certain notion about the nature of rape crimes and therefore do not consider them to be as serious as expected. The low conviction rates of these cases makes the victims believe that nothing will be gained by reporting these crimes to the authorities, they therefore desist from seeking the proper means of help. This is made worse by the fact that in such cases, there is no evidence other than what the victim has to say. The situation is made worse by the view of the society in regards to rape. A jury is most likely to convict a person who is a stranger for rape but will most likely let an assailant who knows the victim free. This attributed to the fact that individuals who are acquainted to the victim are in a position to argue out of such cases on the basis of drawing witnesses that are potentially capable of vouching for them, based on the relationship they have with the victim, be it a casual one or an emotional one. As such many rape law reforms should first focus on these aspects. It is important that the victim’s behavior is not brought up during the trial by the prosecutors so that they can feel safe when explaining what has happened to them. These laws are important as they protect the victim from further victimization and give them confidence in the legal system. Some nations have taken a further step and have introduced training programs for officials who will have the duty of dealing with sexually assaulted individuals. This is a big step in the fight against rape since most of the time people do not understand what the victim is going through. By giving them proper care and personalized treatment, the victims will be able to open up, share their ordeals and be willing to stand in a court of law against their accusers. The main role of the law is to protect the rights and the welfare of citizens. Even though this is the case, the general public should not relax and expect everything to be given by the government. It is important that we personally take the initiatives to protect ourselves from instances of rape. Both men and women should avoid risky situations that could result in rape at all costs. People are cautioned from walking at night or in secluded areas, if they do happen to be in such areas they should most likely arm themselves with a weapon of some kind. The most advisable being a can of pepper spray to try and ward of would be attackers. Meeting with strangers in secluded areas is all discouraged and given that the type of dressing one has put on might attract rapists, ladies should dress decently at all times of the day and night. In conclusion, rape and other forms of sexual assault represent decay in the society. Such acts should not be heard off anymore. What is worrying is that there is an increase in the number of rape cases throughout all across the globe despite the efforts that have been taken to discourage the vice. This implies that the current laws are not enough to deter rapists and a lot more needs to be done. Bibliography CARINGELLA, S. (2009). Addressing rape reform in law and practice. New York, Columbia University Press. Read More