Real Rape
Susan Estrich's book primarily focuses on the legal system and its response to rape through an in-depth historical analysis of case law. The author focuses on the distinction between simple and aggravated rape. Aggravated rape closely resembles the stereotypical stranger rape where violence is...
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Veröffentlicht in: | Women & criminal justice 1992-12, Vol.3 (2), p.119 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | Susan Estrich's book primarily focuses on the legal system and its response to rape through an in-depth historical analysis of case law. The author focuses on the distinction between simple and aggravated rape. Aggravated rape closely resembles the stereotypical stranger rape where violence is used and where the perpetrator is not known to the victim. Simple rape occurs when the perpetrator knows the victim and when there is relatively less violence (i.e., victims are not beaten, threatened with weapons, etc.). Estrich argues that the law and the legal system have failed to address cases of simple rape despite the fact that these cases are clearly "real rape." These arguments are consistent with a great deal of current literature on rape. However, this book is an important contribution to the literature because of its historical analysis of case law. The reader is provided with numerous state and federal court decisions which clearly illustrate that the legal system in the United States still refuses to respond to simple rape. The reader is provided with cases which establish the historical precedents of ignoring simple rape, but the book also follows these precedents through the rape reform efforts of the 1970s to illustrate that simple rape is treated much the same in the 1980s as it was under English common law. However, I believe that the book would be stronger if the author had been able to offer more in-depth suggestions for future reform. The book points out the legal difficulties associated with simple rape, but fails to offer much hope or advice in terms of strategies to make it more responsive. For a complete reprint of this article contact Haworth Press by telephone (1-800-HAWORTH) or EMAIL (getinfo@haworthpressinc.com). Article copyright The Haworth Press, Inc. |
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ISSN: | 0897-4454 1541-0323 |