Essay about Problems With Rape Trials - 2070 Words

Problems With Rape Trials * It is proposed to replace the current s.38 of the Crimes Act (Victoria) with the following definition of rape: * s.38 A person commits rape if - * (a) He or she intentionally sexually penetrates another person without that persons consent and * (b) (i) Is aware that the person is not consenting or might not be consenting; * (ii) A reasonable person would, in all the circumstances, have been aware that the person was not consenting or might not be consenting. Critically assess this proposal in terms of its likely impact on (a) What the†¦show more content†¦It will also highlight the current problems in rape trials in Victoria, and how these affect the rate of conviction, and the impact on the victim. The current Crimes Act (VIC) 1952 [s38] reads that 1. A person must not commit rape Penalty, Level 2 Imprisonment (25 years maximum) 2. A person commits rape if - (a) He or she intentionally sexually penetrates another person without that persons consent while being aware that the person is not consenting or might not be consenting; or (b) After sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting. To establish the offence of rape based on the current legislation, the prosecution must prove beyond reasonable doubt: 1. That the accused sexually penetrated another person; 2. That the accused did so without the consent of that other person 3. That the act of sexual penetration was intentional 4. That the accused was aware that the victim - (a) Was not consenting; or (b) Might not be consenting. (Rush P Yeo S, 2000) In relation to consent, the act of sexual penetration is treated as a continuing one, so that the Crown can prove the necessary consent aspects if it establishes beyond reasonable doubt that at some time the act ofShow MoreRelatedThe Rape Shield Laws Truly Offer The Protection Of A Fair Trial961 Words   |  4 PagesRule 412 which is the state of Tennessee’s version of the rape shield law, is designed to protect the victims of rapes and sexual assaults. The protection offered by laws of this nature was to prevent the victims of these heinous assaults from being re-traumatized on the witness stand during cross examination from the alleged perpetrators (Brody Acker, 2010). Although I am an avid supporter of the right to a fair trial, I feel compelled to be the voice for those who are often subjected to constantRead MoreArgumentative Essay : Extremely Wordy Feminist Rant 1153 Words   |  5 PagesBranch English 1101 Colleen Boyle 26 November 2014 EXTREMELY WORDY FEMINIST RANT According to the Rape, Abuse and Incest National Network (RAINN), approximately 207,500 rapes occur annually in the United States (â€Å"Statistics RAINN†). If we were to spread that out evenly over the 365 days of a year, that would equate to a sexual assault occurring every two minutes. Although the amount of rapes occurring annually has decreased by 60% since 1993 (â€Å"Statistics about Sexual Violence†), that’s stillRead MoreThe Monster That Resides Peacefully Among Us1630 Words   |  7 Pagesthe common symptoms faced by rape victims and withdrew from her friends, her family, and her school due to severe depression. Through a lengthy trial, Lindsay was forced to hold up the underwear she was wearing under her clothes, verbally attacked by defense lawyers and her own accuser, and berated on the stand. Lindsay’s rapist was sentenced four years to juvenile detention and was released after two. Lindsay on the other hand killed herself a short time afte r the trial. Her father later commentedRead MoreEssay about Rape Shield Laws995 Words   |  4 PagesRape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in threeRead MoreRape Culture Essay1198 Words   |  5 PagesRape culture is prevalent on all college campuses, and many fail to realize this and what rape culture is. It is in the party scene, athletics, in dorm rooms, and everywhere else around campus. It is the acceptance of sexual jokes, saying â€Å"she was asking for it because of what she was wearing,† not taking sexual assault seriously, and so much more. Rape Culture is an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popularRead MoreRape And Sexual Assault, And Severe Injury Essay958 Words   |  4 PagesRape Sexually transmitted diseases, pregnancy, and severe injury are all results of rape. Sexual assault is a criminal act in which a predator forcibly has intercourse with a person. There are many different types of rape. Stranger rape is a form of rape where victims are randomly chosen and do not know their rapist. The most common type of sexual assault is known as acquaintance rape. Acquaintance rape occurs when the predator knows his, or her, victim. Some examples of acquaintance are includingRead MoreForensic Science: Then versus Now1281 Words   |  5 Pagesaccused of rape by a white 19 year old woman named Mayella Ewell. Mayella Ewell accused Tom Robinson of rape to cowardly cover her attempt of seducing Tom. What Mayella did, kissing a black man, was an act of breaking a taboo topic by a society of a small Alabaman town in the 1930s. The defendant, Tom Robinson, was sentenced according to the testimonies of the plaintiffs, Mayella Ewell and her father, Bob Ewell. There was no scientific evidence used in the portrayal of Tom Robinson’s trial and the juriesRead MoreLack Of Rape Kits On College Campuses Essay1598 Words   |  7 Pages Lack of Rape Kits on College Campuses A Senior Project Research Paper Presented to the Faculty of Waiakea High School In Partial Fulfillment Of the Requirements for the Senior Project Shania M. Rapoza Public Services Academy Capstone Mr. Joel Wagner-Wright August 23, 2016 Shania Rapoza Joel Wagner-Wright PSA Capstone 23 August 2016 Words: 1273 Lack of Rape Kits on College Campuses â€Å"What is the point of having a national DNA database, if the rapist s DNA is never entered into it?† (â€Å"PatternRead MoreTo Kill a Mockingbird, by Harper Lee Essay1326 Words   |  6 Pagestheir practice and application to societal issues. In Harper Lee’s To Kill a Mockingbird, Tom Robinson, a black man in a mostly white community, faces accusations and a subsequent trial for the rape of Mayella Ewell, a white girl of the town. As the Southern setting of the novel implies, the racial aspect of this trial consumes the town of Maycomb, Alabama leading to escalating tensions and violence among those with opposing views. The racial components of this case evident outside and inside ofRead MoreRape in Society1097 Words   |  5 PagesA cause of rape culture is the objectification and domination of woman. Men are taught to assert their dominance and superiority, and some will do that with or without consent. Men see women as objects waiting to be used and conquere d whether it is at home, the work place, or in the media. A woman’s body is not her own, but merely used for the pleasure of a man. A solution to this problem would not be, telling women what to wear, how to act and what they can or cannot do; but it is teaching males