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WHAT'S WRONG WITH RAPE REFORM LAWS?

NCJ Number
42984
Journal
Victimology Volume: 2 Issue: 1 Dated: (SPRING 1977) Pages: 8-21
Author(s)
L HERMAN
Date Published
1977
Length
14 pages
Annotation
THE RAPE LAW REFORM MOVEMENT IN THE UNITED STATES, ON THE ONE HAND, SEEMS TO ENCOURAGE RAPE PROSECUTIONS AND CONVICTIONS BY ABOLISHING RULES THAT MAY OPERATE TO A DEFENDANT'S ADVANTAGE.
Abstract
THIS IS DONE IN THE NAME OF SEXUAL PRIVACY AND HUMAN DIGNITY. ON THE OTHER HAND, THOSE WHO OPPOSE SUCH REFORMS STRESS COMPETING VALUES OF ALLEGEDLY GREATER WORTH FROM A CIVIL LIBERTIES' VIEWPOINT. IN THIS PAPER, THE AUTHOR DISCUSSES THE TENSIONS AND CONFLICT BETWEEN SUCH OPPOSING VIEWPOINTS. IN PARTICULAR, HE FOCUSES ON THE REFORMERS' COMPLAINT ABOUT THE ADMISSIBILITY OF THE VICTIM'S PRIOR SEXUAL HISTORY AS DEFENSE EVIDENCE. HE ARGUES THAT-FROM A CIVIL LIBERTIES POINT OF VIEW-THE BROAD, ALMOST TOTAL, EXCLUSION OF EVIDENCE OF PRIOR SEXUAL HISTORY ADVOCATED BY THE REFORMERS AND BY THE AMERICAN CIVIL LIBERTIES WOMEN'S RIGHTS PROJECT REPRESENTS AN EXCESSIVE STEP IN THE WRONG DIRECTION. (AUTHOR ABSTRACT)...ELW

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