Rape

Introduction to Rape

Rape, in law, sexual intercourse against a person’s will. Most experts believe the primary cause of rape is an aggressive desire to dominate the victim rather than an attempt to achieve sexual fulfillment. They consider rape an act of violence rather than principally a sexual encounter.

In the United States, rape is the most serious form of sexual assault punishable by law, but the definition of what constitutes rape varies from state to state. In all states, if a man forcibly subjects a woman who is not his wife to sexual intercourse against her will, he has committed the crime of rape. Recently, an increasing number of states have extended the definition of rape to include certain nonconsensual incidents of intercourse-even if force was not involved-and the rape of one’s spouse. In other states, rape remains narrowly defined as forcible sexual intercourse, but separate statutes address other forms of sexual assault, including nonconsensual (but unforced) sexual intercourse and unwanted sexual activity other than intercourse.

Many other countries also provide legal redress for women who are raped. However, some countries expect that women will be protected by sexual taboos (social prohibitions) rather than by criminal law. National military codes and international agreements such as the Geneva Convention (1949) prohibit rape by soldiers during times of war or civil conflict. However, in some instances military leaders have actually tolerated and even encouraged rape, either as a “reward” for soldiers or as part of a campaign of terror. Recently, human rights organizations have sought to protect women around the world from sexual violence and to hold those who victimize women, even during wartime, accountable.” (1)

Rape

Embracing mainstream international law, this section on rape explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “rape” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes and References

• Information about Rape in the Encarta Online Encyclopedia

Guide to Rape

Rape, Sexual Behaviour and the Law

Further Reading

• Rape in the Encyclopedia of Sexual Behavior and the Law

The Legal History of Rape

This section provides an overview of Rape

Resources

See Also

• Legal Biography
• Legal Traditions
• Historical Laws
• History of Law

Further Reading

• Rape in the Oxford International Encyclopedia of Legal History (Oxford University Press)
• The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
• Rape in the Dictionary of Concepts in History, by Harry Ritter
• A Short History of Western Legal Theory, by John Kelly