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NCJRS Abstract

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NCJ Number: 69622 Find in a Library
Title: Rape Law and the Judicial Process (From Rape Crisis Intervention Handbook, P 79-95, 1980, by Sharon L McCombie - See NCJ-69620)
Author(s): A E Richmond
Date Published: 1980
Page Count: 15
Sponsoring Agency: Plenum Publishing Corp
New York, NY 10013-1576
Sale Source: Plenum Publishing Corp
233 Spring Street
New York, NY 10013-1576
United States of America
Language: English
Country: United States of America
Annotation: An examination of rape law and the judicial process for rape offenses in the various States includes summaries of the historical background of rape law, statutory rape offenses, and the procedural steps in a rape trial.
Abstract: The evolution of the crime of rape under English common law is traced, including the development of specific meanings for what constituted the use of force and what intercourse was 'against the female's will.' Two major legal defenses to the charge of rape, identification defense and consent defense, are defined, and information is provided on situations in which each type of defense is used. The enactment by the States of laws defining and punishing other types of sexually undesirable conduct is described, and encompasses such offenses as statutory rape, sodomy, oral sex, and indecent assault and battery. Modern changes in sexual offense laws such as the revision of statutes to permit females as well as males to be charged with rape offenses, and the expansion of the legal definition of rape, are discussed. An analysis of the criminal process for a sex offense trial includes discussions of arraignment, the probable cause hearing, grand jury proceedings, trial, and the issue of release of the charged assailant on bail. Actions that the victim may take to ease anxiety about the potential dangers of the defendant's release on bail are suggested. Notes are provided. For related articles, see NCJ 69621 and 69623.
Index Term(s): Criminal proceedings; Judicial process; Rape; Rapists; Right to Due Process; Sexual assault victims; Trial procedures
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69622

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