Rape Laws

Rape Laws in the United States

Rape Legal History of Rape In the United States Changing Attitudes

Introduction to Rape Laws

As women gained greater legal protections under civil rights laws and acquired more political equality, traditional rape laws came under attack. Beginning in the 1960s, members of the women’s movement assailed many of the assumptions on which rape laws were based. For example, they criticized the fact that rape laws were preoccupied with protecting men from false accusations. According to these activists, the laws not only failed to adequately protect women, they often did women harm. Citing research indicating that women who resisted rapists were more likely to incur serious physical injury, reformers called into question the appropriateness of the utmost resistance doctrine.

The identification of rape trauma syndrome also affected attitudes and laws concerning rape. Rape trauma syndrome, a form of post-traumatic stress disorder, is a psychological reaction to rape involving feelings of shock and shame. Victims who experience this syndrome are often reluctant to report a rape. Discovery of rape trauma syndrome undermined the fresh complaint rule, which was based on the assumption that delayed complaints of rape were less reliable.

Reformers also criticized the fairness of the special corroboration rule. They noted that the typical reaction of a victim experiencing rape trauma syndrome is to shower, to change and discard any damaged clothing, and to hide bruises. Consequently, many victims quickly destroy the physical evidence that a prosecution might later require under the corroboration rule.” (1)

Resources

Notes and References

Guide to Rape Laws


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