The Prosecution Of Sexual Assault - 1232 Words

The prosecution of sexual assault is unlike the prosecution of any other criminal offence. There an intense focus on the character and motivation of the complainant. Traditionally, this focus has translated into a preoccupation with aspects of the complainant s behavior which is not immediately related to the circumstances of the offence. One example is whether the complainant provided a â€Å"recent complaint† after the assault. This focus also results in an extraordinary interest in the demonstration of proof of resistance by the complainant and the corresponding application of force by the perpetrator, though neither is an element of the crime. A proper appreciation of the law in this area requires an understanding of the legal evolution of†¦show more content†¦It is not mentioned in our conversations and that silence contributes to the continuation of domestic and sexual violence. As early as the year 800, rape was a capital offense in Anglo-Saxon England. In 1769 , William Blackstone, the leading eighteenth-century authority on common law in both England and the colonies, defined â€Å"common law rape† as the â€Å"carnal knowledge of a woman forcibly and against her will† (Samaha). The definition boiled down to four elements: Sexual intercourse by force or a threat of severe bodily harm (actus reus). Intentional vaginal intercourse (mens rea). Intercourse between a man and a woman who wasn’t his wife (attendant circumstance). Intercourse without the woman’s consent (attendant circumstance). The common law required proof beyond a reasonable doubt of all four elements. In the common law trials, rape victims were allowed to testify against accused rapists; it was up to the jury to decide whether to believe them. But the victim’s credibility depended on three conditions, always difficult (and often impossible) to satisfy: Her chastity, whether she promptly reported the rape, whether other witnesses corroborat ed the rape (womanslawproject.org). By the 1970s and 1980s was a time of major reform of sex offense laws. First, states changed rape prosecution procedures that had been in effect since the 1600s. Many states abolished the corroboration rule that required the