Common law focused on resistance in the crime of rapes but current rape law has shifted the emphasis from the resistance of victims to lack of consent. The traditional emphasis on physical violence (or threats thereof) to satisfy the element of force in theactus reus of rape is shifting in modern rape law to the sufficiency of nonconsent to unwanted sexual activity.
- Did the common law approach to rape and its prosecution reflect the reality of a male-dominated society where women are considered property and untrustworthy?
- Do today’s sexual assault laws better reflect the interests and growing power of women in society?
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