Issues in Statutory Rape Law Enforcement: The Views of District Attorneys in Kansas

1998 ◽  
Vol 30 (4) ◽  
pp. 177 ◽  
Author(s):  
Henry L. Miller ◽  
Corinne E. Miller ◽  
Linda Kenney ◽  
James W. Clark
Keyword(s):  
Law Enforcement ◽  
Statutory Rape ◽  
District Attorneys ◽  
Rape Law

Conceptualizing Consent: How Prosecutors Identify Sexual Victimization in Statutory Rape Cases

2020 ◽  
Vol 45 (1) ◽  
pp. 111-131
Author(s):  
Jamie L. Small
Keyword(s):  
Decision Making ◽  
Sexual Victimization ◽  
Sexual Contact ◽  
Sexual Consent ◽  
Adolescent Sexuality ◽  
Statutory Rape ◽  
Social Hierarchies ◽  
Age Of Consent ◽  
Rape Law ◽  
Sexually Mature

ABSTRACTIn the wake of rape law reforms, lack of sexual consent emerged as a key element that defined sexual contact as criminal. Its presence modified the requirement of force or threat of violence, and it gained traction in campaigns to eradicate sexual assault. Little is known, however, about how prosecutors assess consent. In this article, I use the case of statutory rape to better understand the legal construction of sexual consent. By focusing on an age-based class of individuals who are sexually mature but still under the age of consent, I show how legal actors identify sexual victimization among youth. Drawing on interviews with forty-three prosecutors, I analyze prosecutorial decision making during the investigation, charging, and trial phases. I find that sexual consent is not simply a dichotomous legal category but rather a sociological process. Prosecutors define sexual victimization based on informal ideas about normative adolescent sexuality, reproducing social hierarchies based on age, gender, and sexual identity.

Statutory Rape Known to Law Enforcement

2005 ◽  
Author(s):  
Karyl Troup-Leasure ◽  
◽  
Howard N. Snyder
Keyword(s):  
Law Enforcement ◽  
Statutory Rape

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.

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 Perbuatan pidana kesusilaan dalam rancangan undang-undang KUHP

2004 ◽  
Vol 1 (2) ◽  
Author(s):  
Sri Hartini
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Criminal Code ◽  
Social Philosophy ◽  
The Other ◽  
Statutory Rape ◽  
Other Hand ◽  
The Law

As an independent and sovereignty country, Indonesia should arrange KUHP (Kitab Undang-Undang Hukum Pidana) to avoid loss of criminalities that have been increasing. The renewal of KUHP is very needed because it's not proper with the values of social politic, social philosophy, and social cultural of Indonesia people. It is the basic for sosial, criminal policy, and law enforcement. The urgency of revising of KUHP, specially putting susila crime put in draft criminal code (RUU KUHP) and almost the requirement still be formed widely, not distinguishing between criminal and people who break the rule, but the words "susila Crime” and the newly "statutory rape" and "incest’. According to the renewal, it's needed to direct it into the law development that is democratic and responsive, so that the law's function-that protect the society, can give fairness and as a development instrument will raise suitable with the principle of law country.  Although the draft criminal code (RUU KUHP) still need to be discussed again, remembering the effort to have national KUHP is very urgent, so it's better that draft criminal code (RUU KUHP) is not need more time to be UU, in the other hand, technically we will face difficulties in law enforcement because the representatives and experts are more free to say their thoughts.

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