The Extensive and Intensive Impacts of Criminal Law on the Incidence of Crime: Evidence from Expansions in the Scope and Severity of Statutory Rape Laws

2013 ◽  
Author(s):  
Michael Frakes ◽  
Matthew C. Harding
Keyword(s):  
Criminal Law ◽  
Statutory Rape

scholarly journals THE ELUSIVE OBJECT OF PUNISHMENT

Legal Theory ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 105-131 ◽  
Author(s):  
Gabriel S. Mendlow
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Pornography ◽  
Hate Crimes ◽  
Mens Rea ◽  
Statutory Rape

AbstractAll observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute's elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; and about the proper ambit of the criminal law. Each of these disputes may hinge on deeper disagreements about the identity of the wrong a statute aims to punish, and these deeper disagreements can be surprisingly hard to resolve, fueled as they are by the complex inner structure of our penal laws and the discretionary mechanisms of their administration.

Toward a New Law on Rape

1980 ◽  
Vol 26 (2) ◽  
pp. 129-151 ◽  
Author(s):  
Martin D. Schwartz ◽  
Todd R. Clear
Keyword(s):  
Criminal Law ◽  
Statutory Rape ◽  
The Past ◽  
Rape Law ◽  
Political Statement ◽  
Practical Standpoint ◽  
Psychological Harm ◽  
Sex Crime

Forcible rape has become a major issue in the past decade, not only for political reasons but also because of the unique practical roadblocks placed in the path of prosecution by criminal law. A number of approaches to removing these obstacles are discussed here, based largely on the idea, acceptable from both a feminist and a practical standpoint, that rape law be "normalized" as part of a general assault code, rather than remaining a separate sex crime statute. Such a change would not only be an important political statement by the criminal law, but would also automatically remove most of the problems discussed in the literature. A suggested basic statute takes into account problems ranging from psychological harm to rape shield laws to statutory rape, in addition to the usual complaints about rape law.

scholarly journals Analysis of Criminal Law Sanctions' Application Against Statutory Rape from the Positive Law Perspective on Ambon Island and Lease Islands

2021 ◽  
Vol 25 ◽  
pp. 180-191
Author(s):  
Fauzia Rahawarin ◽  
Nursalam Nursalam
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Research Data ◽  
Data Display ◽  
Statutory Rape ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Criminal Investigators ◽  
Sexual Immorality ◽  
Observation Results

The purpose of this study was to analyze the application of criminal law sanctions against statutory rape in Indonesia. The analysis employed a positive law perspective and an empirical legal approach. The research data consisted of verbal utterances and observation results collected from Criminal Investigators at the Ambon Island and Lease Islands’ police stations. Data analysis was carried out through (1) data reduction, (2) data display, and (3) conclusion. The results of this study indicate that criminal sanctions against statutory rape in Indonesia are applied through the process of investigation, visum et repertum, prosecution and summons of suspects and witnesses, statements of criminal penalties for the perpetrators, and prevention of sexual immorality and rape. The criminal sanctions are based on “Law Number 35 of 2014 about Amendments to Law Number 23 of 2002 concerning Child Protection Articles 76D and 81.   Keywords: criminal, intercourse, positive law

Extended Confiscation in Criminal Law

2017 ◽  
Author(s):  
Malin Thunberg Schunke
Keyword(s):  
Criminal Law
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