Expanding the Legal Definition of Rape
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- “Why verbal consent is not enough?": The current law is insufficient in protecting women and their right to consent because the law does not make their words count as proof leaving women vulnerable (99).
- Physical factors for medical diagnosis differ for individuals depending on their sexual history, body type and age. If physical evidence is not clear and verbal evidence is not accepted then what are accepting factors? How can a woman get justice?
- In instances of non-violent rape the courts see female acts of seduction as a factor inviting sexual activity. Thus if there is any evidence of seduction prior to the rape, the act may be deemed consensual.
- Why is mental abuse through threat not being a factor of violence?
- Can there possibly be a non-violent rape case? Is it referring to no medical evidence of violence? What can constitute as "enough" medical proof of rape? Is there any standard?
- Standards for medical rape kits vary from different medical institutions. Standards have also been changed because of technology. However, technology still is unable to determine the force during the incidence because even that varies from individuals.
- Due to the inconsistencies in evidence can also be one reason that adds to the difficulties of defining a legal definition of rape.
- Courts many times consider the famous saying “All is fair in love (sex) and war,” in their decision making (96). Men and women are expected to “role play" with men as the aggressors and women as resistant passives. The courts argue that wrong signals can be given confusing the partners. In such cases, there may not be the mens rea for rape, or the unawareness of the person raping the victim of the actually rape.
- How can courts have role play be one of the determining factors of evidence?
- Due to the difficulty of determining rape evidence it seems as though that the court system have abandoned the system of protecting the rape victim and further protect the rapist.
- Women themselves may have a difficulty determining whether or not they have been raped. Women may believe that men have the right or that they asked for it, especially in the case of date rape. The wrong societal norms have formed to establish this kind of thought
- Women may not report rape because they fear that the law won’t protect them or take them at their word. A woman's testimony is not sufficient evidence to determine legal consent.
- Pornography builds on “Sadomasochistic views of women’s desires and sexuality,” it also creates false expectations of what women like and dislike in sex. Although there are different types of pornography, overall pornography portrays women as submissive and men as aggressors.
- How are these roles plays established? Are there scientific information that supports the aggressiveness of males and submissiveness of females? Is it biological?
- Is it porn that have incorporated this unequal ideology of gender attributes? No, rather it is found everywhere in society.
