Statutory Rape

rape (in law)

rape, in law, the crime of sexual intercourse without the consent of the victim, often through force or threat of violence. The victim is deemed legally incapable of consenting if she or he is known to be mentally incompetent, intoxicated, drugged, or below the age of consent at the time of the rape. Such cases are known as statutory rape, and evidence of consent is not deemed relevant in court. Although the term rape has traditionally applied to the male use of force in sexual relations with females, applicable laws have been revised in many jurisdictions to include possibilities where a male is the victim.

Issues surrounding rape and the law have been fiercely debated for years in the United States, and recent efforts—particularly by feminist groups—have had marked success in expanding victims rights. One important reform, which has been in effect in most states in recent years, has been the removal of statutes requiring that rape victims physically resist the attack. Prior to this reform, victims of rape were required to display clear signs of injury in order to prove that they did not consent to sexual relations. Another reform has made marital rape a crime in many circumstances, with South Dakota becoming the first state to institute such law reforms in 1975. In the 1980s, "date rape," or acquaintance rape, became an important issue, particularly on college campuses. Victims of date rape contend that they were raped by an individual with whom they were acquainted. In many such cases, the establishment of guilt becomes difficult, particularly in cases where the victim displays no physical evidence of violence and there is only the testimony of the victim. In international law, rape was designated (2000) a war crime by the Yugoslav tribunal established by the United Nations at The Hague. Rape can cause profound psychological trauma in its victims.

See D. E. Russell, The Politics of Rape (1984); S. Tomaselli and R. Porter, ed., Rape (1986); Z. Adler, Rape on Trial (1987); S. Estrich, Real Rape (1987).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Walking the Tightrope of Statutory Rape Law: Using International Legal Standards to Serve the Best Interests of Juvenile Offenders and Victims
Pearlstein, Lisa.
American Criminal Law Review, Vol. 47, No. 1, Winter 2010
Regulating Sex: The Politics of Intimacy and Identity
Elizabeth Bernstein; Laurie Schaffner.
Routledge, 2005
Librarian’s tip: Chap. 11 "Capacity, Consent, and the Construction of Adulthood"
Adult Impersonation: Rape by Fraud as a Defense to Statutory Rape
Christopher, Russell L.; Christopher, Kathryn H.
Northwestern University Law Review, Vol. 101, No. 1, Winter 2007
Peeking under the Covers: Taking a Closer Look at Prosecutorial Decision-Making Involving Queer Youth and Statutory Rape
Meidinger, Michael H.
Boston College Journal of Law & Social Justice, Vol. 32, No. 2, July 1, 2012
No Penis, No Problem
Levine, Kay L.
Fordham Urban Law Journal, Vol. 33, No. 2, January 2006
Rape, Statutory Rape, and Child Abuse: Legal Distinctions and Counselor Duties
Mitchell, Clifton W.; Rogers, Reagan E.
Professional School Counseling, Vol. 6, No. 5, June 2003
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Taking the Sting out of Reporting Requirements: Reproductive Health Clinics and the Constitutional Right to Informational Privacy
Bodger, Jessica Ansley.
Duke Law Journal, Vol. 56, No. 2, November 2006
The "Emancipated" Child: The UN Aims to Free Children from Parental Authority and Make Them Wards of the State, a Move That Will Abolish the Family and Leave Children Vulnerable to Sexual Exploitation. (Child Grab)
Grigg, William Norman.
The New American, Vol. 18, No. 11, June 3, 2002
Teen Legal Rights
Kathleen A. Hempelman.
Greenwood Press, 2000 (Revised edition)
Librarian’s tip: Discussion of statutory rape begins on p. 132
Helping in Child Protective Services: A Competency-Based Casework Handbook
Charmaine Brittain; Deborah Esquibel Hunt.
Oxford University Press, 2004 (2nd edition)
Librarian’s tip: "Child Sexual Abuse" begins on p. 346
Statutory Rape Law and Enforcement in the Wake of Welfare Reform
Oliveri, Rigel.
Stanford Law Review, Vol. 52, No. 2, January 2000
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