NCJ Number
69622
Date Published
1980
Length
15 pages
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.