Crimes Against the Person; Crimes Against Property
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Common law focused on resistance in the crime of rapes but current rape law has shifted the emphasis from the resistance of victims to lack of consent. The traditional emphasis on physical violence (or threats thereof) to satisfy the element of force in the actus reus of rape is shifting in modern rape law to the sufficiency of nonconsent to unwanted sexual activity.
Please address the following in your essay:
◦Did the common law approach to rape and its prosecution reflect the reality of a male-dominated society where women are considered property and untrustworthy?
◦Do today's sexual assault laws better reflect the interests and growing power of women in society?
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Crimes Against the Person; Crimes Against Property
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◦Did the common law approach to rape and its prosecution reflect the reality of a male-dominated society where women are considered property and untrustworthy?
Yes, women were considered the property of their husbands or significant others, and in addition, they did not have many rights such as the right to vote. This paternalistic approach toward women was predicated upon the male dominated society that viewed women as sexual objects wherein if a woman dressed ...
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