Week 7 Discussion 1

Address how the court’s perspective on the crime of sexual assault or sexual battery has changed over the years, and what might be done to improve enforcement and convictions.

The court’s perspectives on the crime of sexual assault or sexual battery has changed over the years…previously the legal definition of rape was understood as penile penetration of the vagina without the consent of the woman. Nowadays, the terms “rape” and “sexual assault” are used interchangeable but “sexual assault” is the legal term that is used in legal discussion and in written form now. This term reflects that either a male or female has been victimized by severe personal invasion and has been traumatized emotionally, physically in the genital or anus area. Nonconsensual sex is rape (sexual assault or sexual battery if the act is nonconsensual and the person is in authority over the victim and under the age of 18 years old).

http://www.mscode.com/free/statutes/97/003/0095.htm

Sexual Assault (Rape) utilized as a comparison of Old Rape Laws and Common Law And Statutory Changes

Excerpt and reference to: Criminal Law, Gardner/Anderson, 11th Edition, Page 322

Old Rape Laws & Common Law Statutory changes enacted in most states since 1970s

Female were allowed to voice complaints of rape Male or female can grieve to be a victim of rape

Only a male could commit the crime Male or female can commit the crime

A husband could not rape his wife but could be charged with assault and battery A husband can be charged with the rape of his wife under the law of states that have made this change from the common law.

Rape was defined in one (or at most a few) degree A variety of degrees of criminal conduct are defined as follows:

Ordinary rape – 2nd degree

Aggravated rape/gang rape or with a weapon or rape resulting in physical injury or pregnancy – 1st degree

Rape was defined only as the insertion of the penis into a vagina by force against the will of the female. Sexual intercourse defined not only as vaginal but also cunnilinggus, fellatio, anal invasion or any other part of the body using any object in the genital or anal opening … no emission of semen is necessary.

Common law rape did not include the crime of offensive touching (however, this could be charged either as disorderly conduct or assault and sometimes battery). Many modern sexual assault laws include the offense of offensive touching in that they forbid “sexual contact”.

“Utmost resistance” and resistance were required under the old common law. “Utmost resistance” is no longer required for the crime of rape.

Many states require that proof that the sex act was done “without consent” and “against the will” of the victim.

Rape was classified as a crime against sexual morality. Sexual assault is more often classified as a crime against a person.

To improve law enforcement and convictions the analyzation of rape kits to correspond to each case as it ensues could possibly result in more cases of rape being successfully culminated and correct penal code assigned for punishment. Subsequently, resulting in more rapist roaming the streets victimizing, maiming and traumatizing innocent people.

The issue of sending nude photos or “sexting” has been in the news. Take a position on whether this should be allowed between consenting adults or restricted to protect possible viewing by minors.

My position on this manner is that I am not an advocate of this kind of behavior and feel that if they know all the risks involved then this
problem is yours and as an adult you and you alone are responsible for your own conduct…not anybody else…if someone has taken your picture and posed you in the nude and distributed this kind of filth without your consent then you are within your rights to ask for damages, jail time and anything else that you can think of to have them punished. I don’t believe in infringing on anyone’s right to privacy and the right to have respect for their self and no one has the right to take it away and distribute anything detrimental but in today’s society the lack of concern because of a person’s race is what is prevalent today and that is you don’t have the rights you think you do. I as a person would never do such an act and would never forgive anyone who did this to me and would never speak to or acknowledge them as a fit and normal human being. Minors should not have any access because of the sad lack of maturity that is reflected that I see each day…and their inability to have foresight to acknowledge that they don’t know as much as they think they do.