Many men believe that they can force women to have sex against their will and that it isn’t rape―at least, not if the man knows the women and doesn’t beat her up or wield a weapon. The law’s casual treatment of such rape cases is the subject of this pioneering book, which is both a powerful exposé of the often shocking facts and a trenchantly written call for reform.
Susan Estrich is a Professor of Law at the University of Southern California. She has worked in politics as a congressional consul and a presidential campaign manager. She is a commentator on law and politics for FOX News.
A bit academic for my tastes, but I am probably not the target audience. Provides a great overview of the history of rape law and the sorry state of case law in the 80s -- which is not much improved today.
The prosecution of simple rape - the rape described by the defendant closer to victim - is harder to prove. The burden of proof lies on the victim. The resistance, the force, the corroboration, the belief , the sexual history, the character, the lack of intent are all the factors that make legal prosecution have the victim “the second rape”
Adult women are required to resist when the the man is an adult neighbor (Brown v State), but not when he is a drunken youth (Prokop v State) White women are not required to resist to black man (Bailey v Commonwealth), but black women are.
This entire review has been hidden because of spoilers.