History
Rape has always existed. However, rape was not accepted by society as something "wrong" or worthy of legal ramifications until recently. Historically, acts that we would consider rape went unrecognized and unpunished because of a women's race and status. For example, sex forced by a slave-owner onto his slave was seen as socially acceptable as she was his property (Brenner, 2013). Even after slavery ended, freed black women, as well as women of all races, still were raped without the chance of justice. What happened within the home was largely considered a private matter. "The law did not recognize many forms of sexual harm as rape and sometimes explicitly denied protection to particular types of rape survivors" (Brenner, 2013). Groups of women wanted to bring public attention to rape and the threat of rape as an ongoing condition for all women. "Radical Feminists challenged the notions that rape was something that "just happened" to women by abnormal men. "Rather, they argued that sexual coercion is a pervasive and accepted aspect of gender roles" (Brenner, 2013). Women, because of their roles in society had limited power all-around. Whether people referred to politics, economics, education, or the family, women were always the minority in reference to their male counterpart. Because of their subordinate role, women were not able to refuse sex. "In the liberal feminist tradition, rape is an expression of male power over women based on physical force; in the radical feminist tradition, rape is an expression of sexuality itself, which defines gender" (Brenner, 2013). As society and the gender-roles in society developed, women have gained more power over their environments. In turn, they are more capable of determining their life outcomes. Unfortunately, rape is not an outcome women have much choice over. There is still a divide in gender roles today, and therefore, still an unequal distribution of violence against women.
Related Legislation
Even though women are still disproportionately victims of rape when compared to men, there have been laws put into place in the effort to punish persons of both sexes who perpetrate sexual violence. Even with these laws in place, however, rape is still under-reported and society has developed other forms of deterrence, such as, the implementation of rape myths that largely place blame on the victims. These myths provide the scripts which underlie the culturally accepted assumption that power and sex are naturally intertwined (Chapleu & Oswald, 2010). And while legal protections are an obvious improvement and step in the right direction to fully realize social change a multidisciplinary approach must be incorporated that integrates the formal system of politics to the level of community response (Patterson, Greeson, & Campbell, 2009). Educative programs must be initiated that work to deconstruct rape myths and target commonly held notions of gender expectations and the associations of power with sex prevalent in society (Chapleu & Oswald, 2010).
The Armed Career Criminal Act(1984): Created for the purpose of reducing crime by enhancing sentences for career criminals. The statute was designed to incapacitate these habitual criminals by mandating lengthy sentences for repeat offenders who had proved to be "unrehabilitative." The classification provision of crimes that otherwise involve "conduct that presents a serious potential risk of physical injury to another" is referred to as the statute's "residual clause." The Supreme Court has not yet ruled on the classification of statutory rape as a violent felony for ACCA sentence enhancing purposes. In this vacuum, circuit courts remain divided over whether or not this crime qualifies as a predicate offense. (Ross, 2011)
Coker v. Georgia(1977): Prior to this dispute, their had previously been legislature allowing for the death penalty as a punishment for rape. This case ended the death penalty for rape. It ruled that a death sentencing for commiting rape was a disproportionate punishment in relation to the crime. It was ruled as a violation of the Eight Amendement of the U.S. Constitution. (Brenner, 2013)
Sexual Offences Act(2003): Clarifies the parameters of consent by stating that ‘a person consents if he agrees by choice, and has the freedom and capacity to make that choice’. Although not seen as beyond improvement, this re-formulation has been generally welcomed as an affirmative and context-sensitive standard for consent’. It is context-sensitive because the requirement of freedom and capacity seems to direct attention to the context that may constrain choice, and it is affirmative because it appears to demand agreement, rather than the absence of dissent. At the very least, the Act is seen as representing significant improvement,
pointing in the right direction. (Reece, 2013)
The Armed Career Criminal Act(1984): Created for the purpose of reducing crime by enhancing sentences for career criminals. The statute was designed to incapacitate these habitual criminals by mandating lengthy sentences for repeat offenders who had proved to be "unrehabilitative." The classification provision of crimes that otherwise involve "conduct that presents a serious potential risk of physical injury to another" is referred to as the statute's "residual clause." The Supreme Court has not yet ruled on the classification of statutory rape as a violent felony for ACCA sentence enhancing purposes. In this vacuum, circuit courts remain divided over whether or not this crime qualifies as a predicate offense. (Ross, 2011)
Coker v. Georgia(1977): Prior to this dispute, their had previously been legislature allowing for the death penalty as a punishment for rape. This case ended the death penalty for rape. It ruled that a death sentencing for commiting rape was a disproportionate punishment in relation to the crime. It was ruled as a violation of the Eight Amendement of the U.S. Constitution. (Brenner, 2013)
Sexual Offences Act(2003): Clarifies the parameters of consent by stating that ‘a person consents if he agrees by choice, and has the freedom and capacity to make that choice’. Although not seen as beyond improvement, this re-formulation has been generally welcomed as an affirmative and context-sensitive standard for consent’. It is context-sensitive because the requirement of freedom and capacity seems to direct attention to the context that may constrain choice, and it is affirmative because it appears to demand agreement, rather than the absence of dissent. At the very least, the Act is seen as representing significant improvement,
pointing in the right direction. (Reece, 2013)