Essay sample - Explain the difference between common law rape and modern statutes describing sexual assault. What does it mean to say that a ra

Pages 1 (251 words)
Download 3
Sexual Assault Common law and modern statutes that describe sexual assaults are different in so many ways. Common law on rape is the traditional statute that guides the crime of rape and describes the sexual assault that is qualified to be called rape. While modern statutes are more like an amendment on the common law on rape as the modern statutes include some cases that common law stipulates that are not qualified to be called rape cases…


Common law states that rape cannot be committed between husbands and wife as it is believed that a man cannot in any way rape his own wife (Bacigal, 2001). This is actually the disparity that exists between common law and modern statutes with regards to sexual assault. Modern statutes stipulate that a man that forces his wife to have sexual intercourse with him is guilty of rape and should be convicted like any other rapist. Common law treated the wives as the property of their husbands and even if the man uses force to have sex with her, he is not in any way guilty of raping her. Modern law stipulates that a man must seek the consent of his wife before sexually penetrating her as the use of force by the man is a case of rape and the man must be duly punished. Thus, common law stipulates that a case of rape cannot exist between husband and wife, while modern statutes stipulates that a man can force his unwilling wife to have sex with him and in this case, the man has committed the offence of rape and must be punished according to the punishment that is given to rapists (Bacigal, 2001). To say that rape statute is “not gender specific” simply means that rape can be committed by both males and females. ...
Download paper
Not exactly what you need?

Related papers

Generation Gap. Difference between 18-34. Advantages and disadvantages
Based on the rapid advancements in science and technology, the life styles of the people are also changing at a fast pace. An eighteen year old youth and 34 year old adult have different life styles and life philosophies.Younger generations always bring fresh ideas which can help even the elder generation in improving the quality of their life. “Some of the advantages that are brought in diverse…
2 pages (502 words)
What Does It Mean to Be a Science Librarian 2.0?
Presently, library needs have instant solutions facilitated by Web 2.0 tools like Blogs, RSS Feeds, Podcasts, Video Thread, Chat / IM, Cloud Tags, You Tube and many more (Harvey, 2009). True, more new technologies are to come. Experienced with these, Ms. Harvey cautioned everyone not to be enticed by the way how these new tools are marketed but rather carefully scrutinize and select the…
1 pages (251 words)
assault and battery
It is clear that contact sports imply random injuries. The difference is that when injuries are the result of deliberate, unfair, unacceptable and excessive use of violence, it becomes assault and/or battery, depending on the result. This is the case of aggressive players. In order to establish the existence of assault, the next test is applied: 1. Intentional, unlawful threat to hurt somebody; 2.…
1 pages (251 words)
The difference between Musical and Opera.
In making an investigation on the difference between Musical and Opera, the most stimulating outcome is that it makes a significant contribution to the popular culture’s knowledge of the genre called classical opera. In the modern popular culture, the terms Musical and Opera are often interchangeably used to denote any art form intermixing dramatic works and musical score. For example, Kaspar…
1 pages (251 words)
the difference between management and leadership
There is, in fact, a great deal of difference between leadership and management but the best way to differentiate one from another is their basic purpose in an organization. Management is a function—encompassing directing people and controlling resources, implementing and enacting various operations in accordance with the established values—that every organization must exercise. For instance,…
1 pages (251 words)
Sexual Assault class project "Education/Training and Treatment/Rehabilitation"
Also, it is to provide the necessary aid to such individuals and their families to come out of this grief. Setting: The program is run by an organization based in a cosmopolitan city, with highly trained professionals leading the team. It has a rehabilitation centre as well as ongoing education and awareness raising programs/ workshops. It is also well connected with organizations fighting for a…
2 pages (502 words)
Difference Between a Rhetorical Tool and Logical Fallacy
Issue: Abortion (Support) …
1 pages (251 words)