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Rape/Sexual Assault as Crime

Dawn Beichner


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Prior to the mid-1970s, the crime of rape was defined by most state statutes in terms of the British Common Law and involved the “carnal knowledge of a female, not his wife, forcibly and against her will” ( Bienen 1983 : 140). Legislative reforms, designed primarily to reduce rape case attrition, redefined the crime of rape in sex-neutral language and replaced the single offense of rape with a series of calibrated sexual offenses and commensurate penalties ( Largen 1987 ). Definitional changes resulted in an expansive category of sexual offenses, relabeled in such terms as “sexual battery,” “sexual assault,” or “criminal sexual conduct” ( Bienen 1983 ). Although there are jurisdictional variations in criminal statutes, the crime of rape is typically categorized as a first degree sexual assault or battery. Rape refers to completed or attempted sexual intercourse with another person by the use of forcible compulsion. The concept of forcible compulsion may refer to physical force or psychological coercion. The act of forced sexual intercourse may involve vaginal, anal, or oral penetration by the offender, using either his/her body or an inanimate object. This crime may involve heterosexual or homosexual intercourse, as well as male or female victims. Second and third degree sexual assaults incorporate a wide range of completed or attempted sexual victimizations that are distinct ... log in or subscribe to read full text

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