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NCJRS Abstract

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NCJ Number: 42984 Find in a Library
Title: WHAT'S WRONG WITH RAPE REFORM LAWS?
Journal: VICTIMOLOGY  Volume:2  Issue:1  Dated:(SPRING 1977)  Pages:8-21
Author(s): L HERMAN
Corporate Author: Visage Press, Inc
United States of America
Date Published: 1977
Page Count: 14
Sponsoring Agency: Visage Press, Inc
Alexandria, VA 22314
Format: Article
Language: English
Country: United States of America
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
Index Term(s): Critiques; Cross-examination; Evidence; Law reform; Rape; Right of privacy; Rights of the accused; Rules of evidence
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=42984

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