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Rape, the Law, and Private Property

NCJ Number
82794
Journal
Crime and Delinquency Volume: 28 Issue: 2 Dated: (April 1982) Pages: 271-291
Author(s)
J R Schwendinger; H Schwendinger
Date Published
1982
Length
21 pages
Annotation
Historical developments in rape laws argue against the now-popular notion that the law, which originally protected property, continues to protect male property rights.
Abstract
Also, these developments have been strongly influenced by modes of production, but the law cannot be adequately understood by reducing the property relationships involved simply to the possession of women by men. While this restricted use of the term property may be somewhat meaningful when referring to slave societies, it is not very useful when dealing with kinship societies, emerging feudal class distinctions, colonial relationships, or personal dependency relations in the modern American home. Example of rape laws in a variety of contemporary and historical social formations are given, and especially noted is the general trend toward recognition of women's legal rights in the United States. (Author abstract)

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