Old Laws: Rape And Civil Rights

Rape has been defined as a nonconsensual sexual acts of violence, and for many centuries, it was a widely known phenomenon in the private life and women had to face the repercussions of the violent act without receiving justice and prosecuting her perpetrator. Many years has since passed and in the year 2016, there are Federal Laws such as the 14th and 19th amendment, along with the Civil Rights Act of 1964 that ensure the perpetrators are punished and that women are protected however, there are many obstacles in the way of achieving rape law reform like old laws based on misogynistic theories, laws differentiating state by state, unfair treatment by the government and law enforcement that prevent women from fully being protected. Women have

Code § 920 - Art. 120. titled “Rape and sexual assault generally”. It correctly defines rape and sexual assaults as “administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct” (Legal Information Institute) however, the punishment for the perpetrator is, they are “guilty of rape and shall be punished as a court-martial may direct” (Legal Information Institute) and although they would be considered guilty by court order, it is up to the judge or jury to decide the fate of the perpetrator. This allows the perpetrator to go scot free if the judge or jury feels he is being punished unjustly, thus leaving no justice for the victim. Another downside is the rape law varying state by state. An example, in the state of Idaho, “Rape of a female under the age of 18” the punishment may be “One year to life in prison” yet no recognition of rape of a male or female over the age of 18. In the state of New Jersey, “Aggravated sexual assault is sexual penetration with a victim under age 13” gives the perpetrator “10 to 20 years in prison” whereas “sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older” and their punishment is “Five to 10 years in prison” (Sandra Norman-Eady). Unlike the state of Idaho, there is no gender assigned to the law yet victims over the age of 17 nor punishment for those perpetrators are not acknowledged in New Jersey’s state law. Having the federal law put the punishment of the perpetrator in the hands of the court opens the door unfair punishment or a lack thereof and the difference of state laws complicate rape law reform and deny women their right to be protected by the Government and receive a fair