Two other requirements, which reinforced the belief in the unreliability of female victims, were the requirements for corroboration of the woman’s testimony and the requirement that the complaint is promptly filed. … No other crime requires the victim to have corroboration. …
The consent standard in rape law was like no other standard for consent in law. Consent in rape was inferred from submission, no matter how long it took or whatever it took to get that submission. Even when threatened or assaulted, if the victim submitted, consent has often been inferred. The consent standard in rape is unique since it requires victims of rape, unlike victims of any other crime, to demonstrate their ‘wishes,’ that is, demonstrate their non-consent through physical resistance. … In other areas of law, consent is not assumed but must be affirmatively sought.
Joan McGregor, “The Legal Heritage of the Crime of Rape,” Handbook on Sexual Violence
If you enjoy being outraged, just be female and take a Sex Crimes class. Pretty crazy stuff.
(via thatsgoldjerry)
09 / 10
Notes
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