shintao
Take Down ~ Tap Out
- Aug 27, 2010
- 7,230
- 362
- 83
In 1285 in English law, the penalty for rape was a death sentence. Due to concerns of AIDs, prison populations, and street crimes against human beings, I think rape would justify a death sentence again. Do you think Congress would pass such a law, and why would states object?
The History of Rape Laws
(from Chapter 1, Against our Will by Susan Brownmiller)
Rape entered the lawbooks through the back door, as property crime of man against man, with the women viewed as the property involved. Women were wholly owned subsidiaries of men in ancient times first owned by their fathers, and then by their husbands. Rape was, therefore, the theft of virginity, and embezzlement of a mans fair price for his daughter. Accordingly, the punishments were very severe.
ENGLAND (before 1066)
Penalty for rape was death and dismemberment, but only applied to men who raped a high-born propertied virgin.
1066 (William the conquered) penalty reduced from death to castration and loss of both eyes.
12th Century (King Henry II) significant change: Trial by Jury, but only if victim filed a civil suit, and ran through the town immediately after the attack making a hue and cry, and showing her injuries and torn clothing to Men Of Good Repute, thus the roots of todays stringent rules of corroboration.
13th Century (status of Westminster) important advances
o Involved the Crown in all rape cases (not just virgins)
o Statutory rape recognized by law
o No distinction in punishments for rape of virgins and non-virgins
o If a woman failed to institute a private suit within 40 days, the right to prosecute automatically passed to the Crown, meant that rape was no longer a family misfortune, but an issue of public safety and state concern. However, penalty for rape reduced to two years imprisonment (for 10 years, in 1285 the 2nd Statute of Westminster re-established the punishment to death)
http://sascwr.org/resources/pdfs/Legal/The History of Rape Laws.pdf
The History of Rape Laws
(from Chapter 1, Against our Will by Susan Brownmiller)
Rape entered the lawbooks through the back door, as property crime of man against man, with the women viewed as the property involved. Women were wholly owned subsidiaries of men in ancient times first owned by their fathers, and then by their husbands. Rape was, therefore, the theft of virginity, and embezzlement of a mans fair price for his daughter. Accordingly, the punishments were very severe.
ENGLAND (before 1066)
Penalty for rape was death and dismemberment, but only applied to men who raped a high-born propertied virgin.
1066 (William the conquered) penalty reduced from death to castration and loss of both eyes.
12th Century (King Henry II) significant change: Trial by Jury, but only if victim filed a civil suit, and ran through the town immediately after the attack making a hue and cry, and showing her injuries and torn clothing to Men Of Good Repute, thus the roots of todays stringent rules of corroboration.
13th Century (status of Westminster) important advances
o Involved the Crown in all rape cases (not just virgins)
o Statutory rape recognized by law
o No distinction in punishments for rape of virgins and non-virgins
o If a woman failed to institute a private suit within 40 days, the right to prosecute automatically passed to the Crown, meant that rape was no longer a family misfortune, but an issue of public safety and state concern. However, penalty for rape reduced to two years imprisonment (for 10 years, in 1285 the 2nd Statute of Westminster re-established the punishment to death)
http://sascwr.org/resources/pdfs/Legal/The History of Rape Laws.pdf