...2 Cases Challenge Statutory Rape Law July 14, 1992|By Jim Runnels of The Sentinel Staff TAVARES — A circuit judge was asked Monday to strike down Florida's statutory rape law in two Lake County cases where the teens involved consented to sex. Circuit Judge Jerry Lockett said during a hearing Monday that he will rule in writing within 10 days and decide whether Florida's right-to-privacy law gives teens the right to have sex when they want and with whom they choose. Such a ruling would be a landmark decision in the state, because judges repeatedly - all the way back to a case heard by the Florida Supreme Court in 1901 - have ruled that consent is not a defense in statutory rape cases. Under current law, any person over the age of 18 who has sex with an unmarried person under the age of 16 can be charged with statutory rape. If the juvenile is over the age of 16 and is of ''previous chaste character'' - meaning a virgin - the same law applies. Statutory rape is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. But in 1980, Florida voters approved Article 1, Section 23 of the Florida Constitution that says each person in the state ''has the right to be left alone and free from governmental intrusion into his private life.'' That didn't mean much until the case of a Lake County teen, identified publicly as T. W., reached the Florida Supreme Court in 1990. In that case, the teen wanted an abortion, and claimed that she alone - not her parents...
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...seen in rape cases is a widespread disagreement between opposing parties arguing yes vs. a typical victim-blamers. Victim blamers usually argue it’s the victim’s fault because of the way they were dressed, the time or location being heavily opposed to the victim’s favor and the victim should’ve been wary, therefore it’s the victims fault. In essence, those who blame the victim, try to pin the rape as a result of something the victim did rather than blaming the rapist. When in reality, it’s the rapist who is the only one at fault. However, many who are typically strong against victim blaming fail to see the difference between ignorant victim blamers who do everything in their power to see the victim at...
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...Mr Trump's ex-wife Ivana previously accused him of "raping" her during their divorce in 1991 - though she later said it was not in "a literal or criminal sense". She accused him of rape after he allegedly ripped her clothes off to have sex with her in a "violent assault". http://ow.ly/YsOI3056PLn He was also charged with raping a 13-year old girl. You can download the lawsuit papers here. They were filed in the US Court of Southern District of NY - http://ow.ly/nJhE3056PWX Regarding the Hillary, and the rapist, facts, facts, facts. WHAT'S TRUE: In 1975, young lawyer Hillary Rodham was appointed to represent a defendant charged with raping a 12-year-old girl. Clinton reluctantly took on the case, which ended with a plea bargain for the defendant. "I plea bargained it down because it turned out they didn't have any evidence," says Clinton....
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...False Rape Accusations, Societal Impacts, and Legal Solutions Rape, time and time again, have been reported throughout documented human history. From the rape of Lucretius, to the ‘rape’ of Sabine women+ it is not difficult to understand why stringent regulations have been made in regard to prevent the crime. In certain countries, it is even punishable by death. *As a crime against a person, rape brings about horrifying long-term effects to the victim, usually followed by lingering sentiments of guilt and shame. To discuss the notion of falsification might be callous in face of such an atrocious crime, yet to deny the existence of it would be a logical fallacy. Compassion and justice are companions, not choices (1); therefore, we are compelled to analyze and gather information. By doing so, we are not being callous ourselves; instead, we are trying to devise constructive strategies to bring about impartiality and justice. Of the many debates surrounding the crime of rape, many more arise regarding false accusations. In regard to the rape scandals surrounding business leaders in recent years, most notably Dominique Strauss Kahn, this paper aims to address the issue of false rape accusations. More often than not, false rape allegations are portrayed by media outlets as unfounded rape, which is usually not the case. Unfounded rapes represent the circumstances which undermine efforts to arrest or to convict the perpetrator. False rape allegations, however, solely refer to...
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...Justice for Rape Survivors, an “At Risk Population” and Ways of Advocating for Them Emily R. Cazier North Idaho College Social Work 240 Kateri Ray Abstract This paper defines the “at risk population” of rape survivors in the United States. Sources for this paper were found through peer-reviewed academic papers and articles, websites for organizations that advocate for victims of sexual assault and rape, and legislative bills from the state of Idaho. This paper also seeks to define the social justice issues, legal and political issues, and advocation for these victims on the micro, mezzo, and macro levels of society. Keywords: rape, rape victims, and advocating Social Justice for Rape Survivors, an “At Risk Population” and Ways of Advocating for Them Definition of the “at risk population”: The definition of rape and survivors of rape varies around the world and especially differs from state to state within the United States of America. In the advocacy community, victims of sexual assault are generally referred to as survivors because they have survived a horrible event. (Cazier, 2013) For the purpose of this paper and in keeping with that belief, I will also refer to these individuals as survivors. According to RAINN (Rape, Abuse and Incest National Network) the general definition of rape in the United States is, “forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or object.” In order for the term rape is apply...
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...Rape Culture A thesis statement Culture, which is defined by the Merriam-Webster Dictionary as “the beliefs and customs of a particular society, place, or time”, is vital to society, but some cultural patterns are destructive. The words of Susan Griffin, “I have never been free from the fear of rape”, reflect what is today known as rape culture. Rape culture describes a culture wherein rape is prevalent and normalized. The term was first used in the 1970’s, when feminists were trying to raise awareness about rape. Rape culture practices victim-blaming and denies the occurrence of men being raped. It can be a form of discrimination as it trivializes rape depending on the gender, age, race, and religion of both suspect and victim. One of the impacts of rape culture is that it greatly influences rape cases. Legally, rape is defined as sexual intercourse by a male and female, other than his wife/husband, without the consent of the person and is effected by force, intimidation, or deception as to the nature of the act (Herman 1984). This makes it very difficult for wives who have sexually abusive husbands and vice versa and for male and some victims to prove that a crime happened. Due to this, some countries abandoned the term “rape” for ‘sexual assault’, ‘sexual intercourse without consent’, and ‘criminal sexual conduct’ to address the crime easier. Many in today’s society deny the existence of rape culture in the country because of the low statistics. However, rape...
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...violence, is researching the motives of a rapist. This proves that David Lisak has the qualifications to talk and publish the facts, statistics, and motives of a rapist. The public would want to hear exactly what has happened to the victims who have been raped on college campuses, because they can help prevent a future rape case in their community. Dr. Lisak’s research has helped influence the public to take precautions and lecture their sons, daughters, friends, loved ones, or anyone who goes to college, about college rape, before it becomes a problem. Another way Dick and Ziering present their message is through ethos with someone else other than Dr. Lisak. They involve a discussion with a former police officer from the University of Notre Dame. The officer gave bad press to the University of Notre Dame because they did not handle rape cases seriously. For instance, he was prevented from questioning a student who was accused of rape, because the student was a football star at the University of Notre Dame and they wanted him to still participate in the football games without being excluded. This proves that the University of Notre Dame does not want rape cases to be payed attention to. Investigations like this makes the audience mad because the authorities can’t provide information to the public and they want answers. The University of Notre Dame will always hide the truth for reputation Through the use of ethos, Dick and Ziering are able to provide credibility to the audience...
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...Rape is such a traumatic life event from which many victims never fully recover. Dr. Resick explains that “many victims develop problems with depression, poor self-esteem, interpersonal difficulties, and sexual dysfunctions” (4). Even though rape is a life-threatening attack, most cases go unreported. The psychological aftermath of a rape victim is something that is hard to understand when not experienced. It is important for one to learn how to address such psychological issues, because it is shocking how often rape crimes occur. Rape is an act of sexual intercourse by force against a person’s will. The use of force is key in the determining of a rape crime. By using such force, the predator can claim to feel powerful and in control. “Control is a constant and dominant factor in the overwhelming preponderance of sex offenses, regardless of the type of act or the age of the victim” (Prendergast 33). The victim is ultimately left helpless and powerless. Often times the victim is faced with having to give cooperation for their survival. Even though the act of rape may only last minutes, the victim is left with nightmares, flashbacks, and intrusive memories of the experience. One might wonder why so many cases go unreported when the affects of rape on the victim are so traumatic and long-term. Reporting rates of rape vary from 5% to 9.5% (Resick 3). Many women do in fact have experiences that meet the legal definition of rape, yet they do not define themselves...
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...Rape: A Modern Crime RAPE: A MODERN CRIME The definition of forcible rape was established in the 1920s and has remained relatively unchanged since that time. According to the FBIs website, rape is narrowly defined as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” While the FBIs Uniform Crime Reports (UCR) shows that rape statistics have dropped from 2002 to 2010, it’s difficult to verify if these statistics are accurate. There are two major factors that skew the statistics for reported rape cases. First, rape often goes unreported by victims due to embarrassment or fear of reprisal by the perpetrator(s). Secondly, the narrow definition of rape excludes the number of cases reported by would be victims. Fortunately, the definition of rape was revamped in 2012 and has broadened the reporting criteria for this terrible crime. Changes include the perpetrator gender, physical resistance and the instances in which the victim is incapable of giving consent (Affairs, 2012). These changes will undoubtedly change the number of reported rapes committed and impact crime statistics greatly. It was just another ordinary summer day on July 6, 2011 in Stafford, Virginia. The sun was shining, birds sang their songs and children could be hear playing about. For one woman, this ordinary day would turn into...
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...considered in any two-party decisions. When a person is forcefully engaged in an unwanted sexual act that is sexual harassment or rape depending on the circumstance. Statistically, 68% of sexual assaults are not reported since 2010. Who knows if those percentages are higher than the average? The funny thing is that we will never know because no one cares in our society! Specifically, let’s talk about rape victims. The definition of rape according to the Oxford dictionary is, “The crime, typically committed by a man, of forcing another person to have sexual intercourse with the offender against their will”. There we have it folks, a definition to engrave in your growing brains. Knowledge is power! Once a rape case is filed, it is automatically assumed that the victim is to blame. Of course, being held against your will is definitely the victim’s fault, right? What about the perpetrator? Is he/she also against their will to put another human against theirs as well? Forget it, it’s most definitely not the perpetrator’s fault. You may ask, “Oh no, how are we capable to fix this injustice?”, well look no further, your fellow peer has a proposal that will knock your socks off. Sit back and relax as I take you back to memory lane, more specifically, back to the Puritan era and a mix of our modern day incentives. First of all, always remember that rape is the victim’s fault because they asked for it. Pay extra close attention to their attire, maybe even...
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...procedural law therefore comprises of rules to be adhered to by a court while hearing and determining criminal as well as civil cases. This paper intends to analyze from the substantive law point of view of the unfolding events within the movie “The Accused” as written by Tom Topper in 1988 (Ebert para 1-10). The movie is a description of unfortunate happenings that involve Sarah Tobias who is the accused of luring herself into the unfortunate rape ordeal and who is accused of the same. Moreover, in a rather twisty way, the case moves from her accusation and she becomes the accuser in trying to seek justice for her own misfortune. The movie therefore depicts that rape victims would stand to be accused in causing it to happen. The drunkards in the bar where she goes and drinks uncontrollably, shows the substantive sides of the legal movie through the abuse of Tobias rights. The drunkard men blamed the accused for first over-drunkard-ness after which she engaged in provocative dance, which leads to her rape. Under the substantive law provisions, the public (represented by the people who were drinking within the bar at the time of the happening) had the right to disciplined dance by the accused, which was not observed when the accused engaged in dancing provocatively. On the other hand, the accused had the right to personal security as against the assault through rape and...
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...Rape Culture Views: Attitudes and Practices in our Society that Normalize or Excuse Rape. Brianna Burke Sociology of Women Dr. King June, 20, 2013 Abstract Rape Culture views are based on attitudes and practices in our society that normalize or excuse rape. Society excuses rape because it has come to the belief that sex is an act of male domination and female submission. Although we have laws against rape they do not appear to be a main focus point. Society seems to minimalizes rape to the point of not caring, in some cases making the victims seem to be at fault. Because it seems that the repercussions of the rapist are not as tough as they should be, rapists repeat their actions without fear of severe punishment. The average sentence for convicted rapists was 11.8 years, while the actual time served was 5.4 years. In the US because of our rape culture, rape in the military became a major problem in recent years, even up until this problem was publicized. When first brought into the public’s eye the military didn’t seem to be taking rape seriously. Rape is not just a nightmare for military women but for men as well. Rape seems to be more main stream than some might think. Society more often than not are blaming the victims, the proof is in a recent 12-minute video of young men in Steubenville, Ohio, joking about the brutal, extended gang rape of a 16-year-old girl. According to one study of 16,000 Americans, 17.6% of women report having been victims of rape or...
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...prosecution as a result of the attack. Just in case the victim was afraid to report the assault she needs to know the Rape Shield Law expressly rule out the use of evidence of a victim's past sexual history to weaken that victim's credibility. This law is intended to protect victims from invasions of their privacy, and to encourage them to come forward without having to fear that their sexual history being used against them to hinder their case in any possible way [ (LaMance, 2011) ]. Being a Victim of a Sexual Assault After researching the issue of rape and victims’ rights it appears this will be a hard case to prove in both the civil and criminal courts systems. The accusation of rape usually comes down to he said, she said testimonies and because of that rape is a very sensitive subject to be addressed [ (Hill, 2012) ]. Rape is an assault that is so easily committed and often the term is misused and abused by people who want to get back at a spouse or lover. Some people even engage in consensual sex and when things don’t turn out the way they like they claim to be raped. These kinds of situations make it hard for people who have really been the victim of an actual sexual assault. To pursue a civil case there will be deciding factors that play a major role in determining the preponderance of the evidence and clear and convincing evidence to prove that the client was actually raped. A very important issue raised in any case is if the victim was involved in an...
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...my opinion is Rape. I feel rape is media biggest controversy. I’m from India and people still today in this day and age feel that women invite rape which has caused a big issue in India. Not too long ago in 2012 a 21 year of medical student was raped why only because she was roaming around at 8:30 pm at night. This rape case had caused the biggest controversy in the history of media news in India. Because everyone all over India was doing a candle stand for the victim. There were five guys that had raped the girl. She was going home with her guy friend at 8:30 after watching a movie they were not able to find a taxi so decided to go on a bus. They injured the guy so much and threw him out the bus and all the five guys raped and injured every part of her bone and insides so bad that within 23 hour she had gone through five surgeries. Recently one of the journalist interviewed the victims and they said the girl provoked them to rape her she is a girl she is not supposed to roam around at night time and shouldn’t be wearing short clothes. It’s actually very sad to see how people still think so down about women. Even though that women power the world now they are smarter than men and they are willing to do anything nowadays. They care of a child alone and raise them right. Young girls continue to be victims of incestuous assault in their homes; if a woman walks alone at night, she walks in endless fear; our judicial system continues to put a victim of rape through a humiliating...
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... | In NCR the crimes against women are on a high. Incidents of molestation, rape and murder are quite frequent – the recent being the incident of rape outside a nightclub in Gurgaon. Haryana Police has directed all nightclub owners and other commercial enterprises not to allot work shift to women after 8 o'clock in the night. This stance of police has come under a lot of flak from different quarters. “A woman who worked at a Gurgaon pub was gang-raped” “21-year-old Radhika Tanwar was shot dead by a suspected stalker in New Delhi” “23-year-old girl was allegedly abducted and gang-raped in a moving car by a neighbour and his friends in Noida” These are some instances showing crime rate against women in National Capital Region. The Delhi-NCR region has thrown up numerous such instances of police apathy in rape cases. When asked to explain the rising instances of rape, the cops have invariably blamed the women, an array of extraneous factors or resorted to specious arguments instead of looking inwards and focusing on police reforms. The most disturbing aspect of this is the rank misogyny that underlies it. Crime against National Capital Region is alarming. Usually every day a single case of rape is reported in every city area of India. So it is wrong to say NCR alone. But The National Capital Region has become a hub for rapes and sexual assaults. In 2010, as many as 414 rape cases were reported in Delhi, the highest among 35 major cities in...
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