Rape Law Reform in Six Jurisdictions

Abstract

There is considerable variability in the rape law reforms adopted by the states. Some jurisdictions embraced all of the reforms described in Chapter 1, while others enacted very limited changes. Some states enacted “strong” versions of a particular reform, others enacted “weak” versions. Some reform statutes reflect feminist conceptions of rape, others reflect more traditional views (Berger, Searles, and Newman, 1988). A few legislatures passed comprehensive reform bills, whereas others adopted individual changes over a number of years.

The new law crystallizes for jurors what it is we have to prove. “Rape” may mean different things to different jurors and we’ve made it clearer by renaming the crime and setting out with greater particularity what the elements of the offense are. —Detroit Prosecutor

The atmosphere here now is very conducive for victims to report rapes. Juries are very victim-oriented in sexual assault cases and victims are beginning to realize it’s not my fault, it’s his fault, and the only way he’ll be punished is if I go forward. —Houston Judge