The paper tells that according to common law, rape is a crime and the rapist must be duly punished for the attempt to forcefully have sexual intercourse with a helpless victim. Common law states that rape cannot be committed by husbands and wife as it is believed that a man cannot in any way rape his own wife. This is actually the disparity that exists between common law and modern statutes with regards to sexual assault. Modern statutes stipulate that a man that forces his wife to have sexual intercourse with him is guilty of rape and should be convicted like any other rapist. Common law treated the wives as the property of their husbands and even if the man uses force to have sex with her, he is not in any way guilty of raping her. The modern law stipulates that a man must seek the consent of his wife before sexually penetrating her as the use of force by the man is a case of rape and the man must be duly punished. Thus, common law stipulates that a case of rape cannot exist between husband and wife, while modern statutes stipulates that a man can force his unwilling wife to have sex with him and in this case, the man has committed the offence of rape and must be punished according to the punishment that is given to rapists. To say that rape statute is “not gender specific” simply means that rape can be committed by both males and females. It was generally believed that it was only the males that committed rape, while the females were the victims of rape.
The essay explores the differences between the common law on rape and the modern statutes describing sexual assault. It is evidently clear from the discussion that common law and modern statutes that describe sexual assaults are different in so many ways…
Some confessions by serial sexual offenders and assailants have shown the seriousness of sexual assaults as some of the renowned sexual offenders in America such as Bundy and the Menendez brothers narrated their experiences in sexually assaulting their victims before murdering them (Holmes & Holmes, 2009).
ng the perpetrator; and ,in the court the leeway afforded by way of plea bargaining vis a vis clear and fair sentencing.
The two pertinent questions here are, one, the extent of 'systematic distortion' within the official statistics on rape produced by the actual practice of administrative and legal system and ,two, the actual role of the complainant in mobilization of the criminal justice system.
Oral sex, flashing, voyeurism, forced sexual touching, vaginal or anal penetration, and fondling, all comprise of behavior that comes under sexual assault. Sexual assault is considered an act of violence where one shows power and control. People ho commit sexual assault use sex as a weapon to humiliate or disgrace the other person.
lves and forcefully indulge into indecent sexual activities that are not good for the physical and mental health of both the perpetrators and the victims. Sexual assault and rape are very common in the modern world. Every day news papers are filled with the stories of sexual
dies available to the victim; characteristics of the sex offender; and finally a literature review of sexual assault cases with an additional emphasis on cases where they are committed while the assailant and possibly the victim too is intoxicated with alcohol.
During war rape is utilized as a tool of war against families and communities, used to tear them apart and inflict psychological damage to counter resistance (Hagen & Yohani, 2010). The long-term consequences on the individual victim, and families make
The new legislation in Canada has expanded the definition or meaning of sexual offenses, made sexual exploitation/abuse a significantly serious offense in addition to making prosecution less intimidating for the sex assault victims. The new legislation has increased the visibility relating to sexual assault crimes.
r in that: People who commit sexual assault may be convicted for rape, and vice versa, while the punishment of these two criminal incidences may be different from one country to another. It is a fact that the current society is experiencing challenges ascribed to the effects of