SA/R*** Flashcards
What do we know about victims, perpetrators, and underreporting?
Most victims know their attacker. 1 in 4 women and 1 in 6 men may experience sexual assault. Rapists select based on vulnerability, not attractiveness. Shame and mistrust in the system drive underreporting.
How has rape law historically treated gender and race?
Rape used to be a property crime against men. Husbands couldn’t be charged with raping wives. Laws protected white women, often ignored Black victims, and disproportionately punished Black men.
What key reforms changed rape law starting in the 1970s?
- Created graded offenses
- Made laws gender-neutral
- Recognized spousal rape
- Removed “utmost resistance” and corroboration requirements
- Added rape shield laws to limit evidence of victims’ sexual history
How is rape law different from other violent crimes, and how has that changed?
Rape uniquely required proof of non-consent, resistance, and force. Other crimes like robbery don’t. Reforms shifted focus to the offender’s behavior and removed many unique burdens on victims.
What do rape shield laws do and why do they matter?
They restrict the use of victims’ prior sexual history in court to prevent bias and humiliation, making it easier to prosecute sexual assault cases fairly.
What’s important about language and terminology in rape cases?
Terms like “legitimate rape” are not legal and are harmful. Use legally accurate language. Rape kits collect forensic evidence—they don’t “cleanse” the victim.
Is mistake about consent a defense in rape cases?
In many jurisdictions, a reasonable and genuine mistake about consent is a defense (since rape is a general intent crime), but some states don’t allow this defense.
What are the legal concerns with college and prison sexual assault cases?
College: Title IX requires reporting but raises due process concerns.
Prison: High abuse rates; PREA (2003) mandates reforms. Consent is not a defense for staff. Texas was noncompliant but partially reversed stance.
What are the key takeaways from the rape and sexual assault unit?
The law is evolving, but unevenly. Rape remains underreported, stigmatized, and treated differently. Understanding these legal and societal dynamics is crucial for your legal career.
