Issues surrounding rape and the law have been fiercely debated for years in the United States, and recent efforts—particularly by feminist groups—have had marked success in expanding victims' rights. One important reform, which has been in effect in most states in recent years, has been the removal of statutes requiring that rape victims physically resist the attack. Prior to this reform, victims of rape were required to display clear signs of injury in order to prove that they did not consent to sexual relations. Another reform has made marital rape a crime in many circumstances, with South Dakota becoming the first state to institute such law reforms in 1975. In the 1980s, "date rape," or acquaintance rape, became an important issue, particularly on college campuses. Victims of date rape contend that they were raped by an individual with whom they were acquainted. In many such cases, the establishment of guilt becomes difficult, particularly in cases where the victim displays no physical evidence of violence and there is only the testimony of the victim. In international law, rape was designated (2000) a war crime by the Yugoslav tribunal established by the United Nations at The Hague. Rape can cause profound psychological trauma in its victims.
See D. E. Russell, The Politics of Rape (1984); S. Tomaselli and R. Porter, ed., Rape (1986); Z. Adler, Rape on Trial (1987); S. Estrich, Real Rape (1987).
Unlawful sexual activity, usually sexual intercourse, carried out forcibly or under threat of injury and against the will of the victim. Though traditionally limited to attacks on women by men, the definition of rape has been broadened to cover same-sex attacks and attacks against those who, because of mental illness, intoxication, or other reasons, are incapable of valid consent. Statutory rape, or intercourse with a person younger than a certain age (generally from 12 to 18 years), has long been a serious crime in most jurisdictions. Rape is widely considered an expression of anger or aggression and a pathological assertion of power by the rapist. The psychological responses of victims vary but usually include feelings of shame, humiliation, confusion, fear, and rage. Many rape victims fail to report the crime, deterred by the prospect of a distressing cross-examination in court and the difficulty of proving a crime for which there usually are no witnesses. In the late 20th century there was a notable increase in the use of rape as a weapon of war, and in the 1990s the tribunal investigating crimes stemming from genocide in Rwanda ruled that rape and sexual violence constituted a form of genocide. Seealso assault and battery.
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