Death as Deterrent or Prosecutorial Tool? Examining the Impact of Louisiana’s Child Rape Law

2002 ◽  
Vol 13 (2) ◽  
pp. 156-191 ◽  
Author(s):  
Angela D. West
Keyword(s):  
Rape Law ◽  
The Impact ◽  
Child Rape

Death as Deterrent or Prosecutorial Tool? Examining the Impact of Louisiana’s Child Rape Law

2002 ◽  
Vol 13 (2) ◽  
pp. 156-191 ◽  
Author(s):  
Angela D. West
Keyword(s):  
Death Penalty ◽  
Individual Case ◽  
The State ◽  
District Attorneys ◽  
Rape Law ◽  
Case Files ◽  
Significant Change ◽  
The Impact ◽  
Child Rape

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed to benefit from the passage of this amendment, as did district attorneys’ offices. Unfortunately, the state of Louisiana does not seem to be benefiting from the increased deterrence and retribution that this amendment was touted to deliver.

scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

Negligent Rape in Croatian Criminal Law: Was Legal Reform Necessary?

2020 ◽  
Vol 45 (1) ◽  
pp. 126-160
Author(s):  
Marin Mrčela ◽  
Igor Vuletić ◽  
Goran Livazović
Keyword(s):  
Criminal Law ◽  
Practical Importance ◽  
Legal Reform ◽  
Criminal Code ◽  
Mens Rea ◽  
Sexual Offences ◽  
Serbia And Montenegro ◽  
The Third ◽  
Rape Law ◽  
The Impact

This paper discusses the issue of negligent rape and liability for unreasonable belief in the victim`s consent in the context of Croatian criminal law. Modern rape law presents many challenges to both lawmakers and judges, with criminalizing negligence being only one of those challenges. This became more interesting in Croatia after amendments to the Criminal Code in 2011 (in effect since 2013), that criminalized unreasonable mistake of facts in the crime of rape. Croatian rape law has undergone significant changes related to these amendments. However, this paper focuses only on the aspect of unreasonable mistake of consent, this being both the most controversial and of great practical importance. The first section describes the elements of rape according to the Croatian Criminal Code along with an interpretation of those elements in the jurisprudence of the Croatian Supreme Court. Special attention is placed on the problem of mens rea and (un)reasonable belief in consent. The discussion also identifies the reasons for reform and the impact of the Sexual Offences Act of England and Wales (2003), which served as a model for Croatian legislators. The second section analyzes the results of research conducted by Croatian judges on the relevant status of the mistake of facts defense, as well as the importance of the victim`s resistance in terms of achieving a conviction, with special regard to the rate of rape convictions in Croatian law. The third section reviews comparative regional laws (Slovenia, Serbia, and Montenegro) with the goal of positioning the new Croatian rape law in a regional context. The last section discusses the necessity of criminalization of the negligent form of rape from the perspective of trends and standards created in Croatian theory and jurisprudence in the years prior to this amendment of the law.

Rape and Sexual Assault Education: Where is the Law?

2010 ◽  
Vol 13 (4) ◽  
pp. 802-825 ◽  
Author(s):  
Carol Withey
Keyword(s):  
Sexual Behavior ◽  
Rape Prevention ◽  
Rape Law ◽  
The United Kingdom ◽  
Offending Behavior ◽  
Awareness Programs ◽  
Program Content ◽  
The Law ◽  
Sexual Choices ◽  
The Impact

This article considers the effectiveness of rape awareness programs in reducing or preventing instances of rape. There is a plethora of existing research, which is briefly considered. Research in this area is usually based on the assumption that behavioral change requires a corresponding change in attitudes toward sexual behavior and rape. For this reason most research analyzes the effect of rape awareness programs on attitudinal change. It will be argued that rape prevention research needs to be approached from a different angle, and should consider whether individual sexual behavior can change in the absence of altered attitudes. Te premise here is that a sound knowledge of rape law may itself affect behavior. Tis is based on the empowering nature of knowledge, which may legitimize female sexual choices and deter men from offending behavior, even if rape myth acceptance remains. Tis perspective necessitates a shift in program content, where the focus is placed on the law governing rape. Te article considers recent research conducted from this alternative perspective and assesses the impact of the program on legal knowledge and sexual behavior. Te article concludes with a consideration of current efforts in the United Kingdom to tackle the prevention problem and offers suggestions for improving the content of rape awareness programs.

The Impact of Rape Law Reform: An Aggregate Analysis of Police Reports and Arrests

1994 ◽  
Vol 19 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Ronald J. Berger ◽  
W. Lawrence Neuman ◽  
Patricia Searles
Keyword(s):  
Law Reform ◽  
Aggregate Analysis ◽  
Rape Law ◽  
Rape Law Reform ◽  
Police Reports ◽  
The Impact

‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991

1994 ◽  
Vol 27 (1) ◽  
pp. 74-94 ◽  
Author(s):  
David Brereton
Keyword(s):  
Empirical Studies ◽  
Social Science Research ◽  
Science Research ◽  
Law Reform ◽  
Rape Law ◽  
Rape Law Reform ◽  
Constructive Dialogue ◽  
History Of ◽  
Symbolic Content ◽  
The Impact

This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.

scholarly journals ‘Freedom from all forms of violence’: Using Zimbabwe’s new Constitution to encourage rape law reform

2016 ◽  
Author(s):  
Douglas Coltart
Keyword(s):  
South African ◽  
Sexual Offenders ◽  
Law Reform ◽  
Rape Survivors ◽  
Rape Law ◽  
Definition Of ◽  
The Right ◽  
Political Weapon ◽  
Forms Of Violence ◽  
The Impact

The right to ‘freedom from all forms of violence from public or private sources’, enshrined in Zimbabwe’s new Constitution, could have a significant impact on efforts to end violence against women (VAW) in the country. The right is particularly relevant in the Zimbabwean context where VAW occurs in a range of settings, from the most intimate of relationships in the home to the state’s use of rape as a political weapon. One way in which the state can fulfil its duty to address VAW is through the reform of the country’s rape law. With comparative reference to the impact of the right to freedom from violence in South African law, this article discusses three areas of Zimbabwean law that present potential obstacles to achieving justice for rape survivors: the definition of the rime of rape, the abolished but tenacious cautionary rule, and the sentencing of sexual offenders.

Consent, Rape, and the Criminal Law

2021 ◽  
Author(s):  
Katharine K. Baker ◽  
Michelle Oberman
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
Rape Culture ◽  
Unwanted Sex ◽  
Ample Evidence ◽  
Rape Law ◽  
Rape Law Reform ◽  
The Law ◽  
Reporting Rates ◽  
The Impact

This article explores the impact of rape law reform, both within and beyond the criminal law. The story of U.S. criminal rape law reform tends to be told as one of remarkable feminist success followed by widespread stagnation. Despite comprehensive changes in the law, reporting rates, prosecution rates, and conviction rates for rape increased only slightly. This article resists that binary account of success and failure by offering a more nuanced assessment. It argues that, by changing rape’s definition to an inquiry focused on whether the victim consented, the law has facilitated a shift in cultural and institutional norms governing unwanted sex. It is naïve to think that a change in law would, on its own, end rape culture, but there is ample evidence to support the conclusion that rape law reform has played a central role in reducing society’s tolerance of the rape prerogatives that have held sway for millennia.

Formation of Lunar Craters and Bright Rays as a Result of Meteorite Impacts

1962 ◽  
Vol 14 ◽  
pp. 415-418
Author(s):  
K. P. Stanyukovich ◽  
V. A. Bronshten
Keyword(s):  
Explosive Charge ◽  
The Moon ◽  
Meteorite Impacts ◽  
The Earth ◽  
Lunar Craters ◽  
The Impact

The phenomena accompanying the impact of large meteorites on the surface of the Moon or of the Earth can be examined on the basis of the theory of explosive phenomena if we assume that, instead of an exploding meteorite moving inside the rock, we have an explosive charge (equivalent in energy), situated at a certain distance under the surface.

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