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NCJ Number: 161910 Find in a Library
Title: Addressing Acquaintance Rape: The New Direction of the Rape Law Reform Movement
Journal: St. John's Law Review  Volume:69  Issue:1-2  Dated:(Winter-Spring 1995)  Pages:291-326
Author(s): K F Cairney
Date Published: 1995
Page Count: 36
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: It is generally agreed that rape law reform has not been effective in the case of acquaintance rape, and there has been growing recognition that most rapes do not occur under "traditional" circumstances where an armed stranger attacks women.
Abstract: Even though about 85 percent of all victims are raped by someone they know, the rape law reform movement has not adequately addressed the prosecution of acquaintance rape cases. Moreover, studies reveal statutory reform has had limited impact due to the degree of discretion afforded individuals in the criminal justice system. Further statutory reform is necessary to ensure convictions for acquaintance rapes. The author notes many rape law reform statutes define rape in terms that fail to encompass certain instances of acquaintance rape. She discusses proposals for further reform to correct this shortcoming and focuses on problems encountered by legislators regarding the structure of rape statutes and the definition of nonconsent. Recommendations for adequately protecting acquaintance rape victims are offered, and prosecution techniques that address limitations placed on statutory reform by individuals who exercise discretion in the criminal justice system are briefly examined. A model rape statute is appended. 178 footnotes
Main Term(s): Sexual assault victims
Index Term(s): Acquaintance rape; Courts; Female victims; Judicial discretion; Prosecution; Rape law reform; Victims of violent crime
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