Over time, how has the law of rape changed with regard to force and consent?

What will be an ideal response?


Current rape law has shifted the emphasis from the resistance of victims to lack of consent. The traditional emphasis on physical violence (or threats thereof) to satisfy the element of force in the actus reus of rape is shifting in modern rape law to the sufficiency of non-consent to unwanted sexual activity. The MPC (ALI 1985 2:279–81) rape provision eliminated consent as an element in rape because of its "disproportionate emphasis upon objective manifestations by the woman.". The amount of resistance required to prove lack of consent has changed over time. From the 1800s until the 1950s, the utmost resistance standard prevailed. In the 1950s, most courts softened the utmost resistance definition to the reasonable resistance rule, the rule followed in almost all states today.

Criminal Justice

You might also like to view...

Under what is called extraordinary _____, the CIA arrested or kidnapped suspected terrorists in several nations and transported them to secret prisons in the Middle East

a. Rendition b. Retention c. Regression d. Repatriating

Criminal Justice

Discuss the problems correctional officers face in performing their duties. Has the inclusion of female correctional officers changed the profession?

What will be an ideal response?

Criminal Justice

?According to Yorker, et al., where do most healthcare-related murders occur?

A. ?in hospital settings B. ?in patients' homes C. ?in local clinics D. ?in ambulances

Criminal Justice

The ______ is a federally funded program providing both in-home parent training and center-based early care and education for children, utilizing paraprofessionals and teachers.

A. Early Head Start B. Early Intervention C. Early First Steps D. Early Development

Criminal Justice