Does the law give enough guidance on consent in rape - Essay Example

From completing the topic, I learn more about statutory rape and the legal age of consent to sex.

An Essay On Consent, From A Woman Who Hosts Huge …

Black women's unrapeability was not only written into law, butreinforced by a racial ideology that defined them as lascivious andpromiscuous by nature. This same racial ideology stereotyped black menas savagely oversexed and thus sexually dangerous, especially to whitewomen. The post-Civil War terror campaign of lynching, which continuedthrough the 1930's, was frequently claimed to be punishment for blackmen who had raped white women, although in fact only a minority oflynching victims were even accused of having done any such thing (Hall1983, 334; Davis 1981, 189), and of those, many had in fact hadconsensual relationships with white women (Hall 1983, 340). The racistassociation of rape with black men rendered rape by white mencomparatively invisible, thus making white men as a groupunaccountable for rape (Davis 1981, 199), a dynamic that continuedwell into the 20th century (Dorr 2008).

The debate about rape culture and consent in sexual intercourse has spread ..

My teen boys are blind to rape culture - The Washington Post

Kutchinsky (1973a), in his studies, found that the least serious sex crimes decreased the most and rape the least. We on the other hand found the opposite. In Japan, rapes decreased 79 percent while public indecency decreased 33 percent. The reason for the difference is not clear. We believe the compulsivity generally associated with the crimes considered under the public indecency law are less easily modified than is rape. Also, the incidence of peeping and flashing might already have been at a low incidence close to a base line. Public shame is an extremely strong social force in Japan and can be a major factor in controlling public indecency.

An age of consent statute first appeared in secular law in 1275 in England as part of the rape law

Considering the volume and intensity of debate in Europe and the United States surrounding the possible link between pornography and sex crimes it was thought valuable to see how another nation, one quite different from those in the West, compares in the availability of SEM and the occurrence of rape and other sex related crimes. Japan, an Asian culture with its ancient tradition of male prerogative and female subservience and 13 year post World War II period of legal prostitution provides a sufficient cultural contrast to that of the United States and the other Western countries investigated.

rape is generally understood to involve sexual penetration of a person by force and/or without that person's consent

We need to stop prosecuting bad behavior as rape.

In Britain, the privately constituted Longford Committee (Amis, Anderson, Beasley-Murray, et al., 1972) reviewed the pornography situation in that nation and concluded that such material was detrimental to public morals. It too dismissed the scientific evidence in favor of protecting the "public good" against forces that might "denigrate(e) and devalue(e) human persons." The officially constituted British (Williams) Committee on Obscenity and Film Censorship, however, in 1979 analyzed the situation and reported (Home Office, 1979): "From everything we know of social attitudes, and have learnt in the course of our enquires, our belief can only be that the role of pornography in influencing the state of society is a minor one. To think anything else . . . is to get the problem of pornography out of proportion (p. 95)." A review report by McKay and Dolff (1984) for the Department of Justice of Canada essentially says similarly: "There is no systematic research evidence available which suggests a causal relationship between pornography and the morality of Canadian society . . . [and none] which suggests that increases in specific forms of deviant behavior, reflected in crime trend statistics (e.g., rape) are causally related to pornography." In Canada, the Fraser Committee in 1985, after a review of the topic concluded the evidence so poorly organized that no consistent body of evidence could be found to condemn pornography (Canada, 1985, pp. 99).

Realistic Depictions of Rape in Romance - Dear Author

Currently, not only are visuals with pubic hair and exposed genitalia present, but available are visual depictions of hard-core sexual encounters which include bestiality, sadomasochism, necrophilia and incest; the characters involved may be adults, children or both and they can be in manga as well as in adult reading materials. There is a "Child Welfare Law" in Japan which prohibits child prostitution. However, there are no specific child pornography laws in Japan and SEM depicting minors are readily available and widely consumed. Most charges of obscenity presently are related to depictions of group or violent rape or realistic and graphic film or video depictions of sexual behaviors considered deviant and dangerous (as in Ai no corrida).

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Data regarding sex crimes, consistently and regularly recorded in police records, are clearly more available and definitive than those for quantitative or qualitative measures of pornography. It is readily obvious from the data (Table 1) that the incidence of rape has been steadily and dramatically decreasing over the period under review. The incidence of rape has progressively declined from 4677 reported cases with 5464 offenders in 1972 to the 1995 incidence of 1500 cases with 1,160 offenders; a dramatic reduction in incidence of some two-thirds. The character of the rape also changed markedly. Early in our period of observation many of the rapes were gang (more than a single attacker) rapes thus accounting for the number of offenders exceeding the number of rapes reported. This has now become increasingly rare. The number of rapes committed by juveniles has also markedly decreased. Juveniles committed 33% of the rapes in 1972 but only 18% of the rapes committed in 1995.