An analysis of the interpretation of rape law and a legal definition of it

Laws regarding rape

The penetration of the vulva by the male sex organ is not regarded as rape by most jurisdictions. Victim blamingHonor killingand Slut-shaming While the practice is condemned as barbaric by many present-day societies[ citation needed ], some societies punish the victims of rape as well as the perpetrators.

Rape is defined in section 3 of the act as follows: Until the late twentieth century, spousal rape was not considered a true rape case because both spouses were deemed to have consented to a lifelong sexual relationship through the wedding vows.

Patriarchal gender violence is the process by which colonizers inscribe hierarchy and domination on the bodies of the colonized. Because rape was a property offense, the father or husband was the victim rather than the woman.

In some countries e. Because fathers or husbands were the victims of rape, men wrote rape laws for their own benefit and therefore, included a penetration requirement. They may be penalized or shunned by their families and communities for speaking out, and thus cut off from important sources of support Collins Redefining Rape After a careful review of the rape law in vogue and an intensive deliberation with Sakshi v.

Instead, the judges sought refuge behind the strict interpretation of penal statutes and the doctrine of state decisis - a view that any alteration [in this case, of the definition of rape] would result in chaos and confusion.

Redefining the Rape laws in India: a constructive and comparative approach

Feminist thought and activism have challenged the myth that rape is rare and exceptional, showing that it is in fact a common experience in the lives of girls and women. Contact Us Search Rape is a crime of violence; it is not sex. She observes that, during wartime, the women are those who hold the families and communities together.

Statutory Interpretation Law and Legal Definition

Finally, some feminists have argued that rape should be a strict liability offense, that is, one with no mens rea requirement at all. The severity of the punishment is generally related to the invasion.

Laws punish individuals for that invasion.

Legal Analysis Law and Legal Definition

Article 43 — Application of criminal offences The offences established in accordance with this Convention shall apply irrespective of the nature of the relationship between victim and perpetrator. These two crimes, however, are punishable identically. Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent.

Card argues that rape is a terrorist institution, one which—despite its admitted differences from acts more normally labeled terrorism, such as bombing and hijacking—advances its political purpose, the continued subordination of women, by terrorizing a target population Because the women were chattel property, the owners and often overseers could and did use them sexually at will, with complete legal and social impunity.3 The Legal Treatment of Marital Rape and Women’s Equality: An Analysis of the Canadian Experience By Jennifer Koshan* September, I.

Introduction: The Legal Treatment of Marital Rape in Canada and Women’s. 3 1. Introduction Sexual assault covers physical or sexual violence against a person, whether male or female, which violates the person’s bodily integrity and sexual autonomy.1 Although sexual assault can be committed by.

Statutory Interpretation Law and Legal Definition Statutory interpretation is the act or process of interpreting and applying legislation. It is the principles developed by courts for interpreting statutes.

Sakshi claimed that the current interpretation of the law, limited rape to forcible penile/vaginal penetration only. The prosecution submitted that Section IPC should be interpreted in the current scenario, especially in regard to the fact that child abuse has assumed alarming proportion in recent times.

A historical summary and analysis of rape law. INTRODUCTION. Rape is an unfortunate occurrence that has bedevilled legal systems and it is the most serious sexual offence in English criminal law.

It is essentially reflective of the male-centrism of society. Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion.

Rape laws in the United States have been revised over the years, and they vary from state to state.

Laws regarding rape

Historically, rape was defined as unlawful .

An analysis of the interpretation of rape law and a legal definition of it
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