Reforms Examination: Rape and Sexual Assault

Topics: Rape, Reforms, Sexual Assault Words: 1459 Pages: 5

Introduction

The paper is a critical examination of reforms that need to be done in regards to rape and sexual assault. This is accomplished by explaining the eight areas of rape law that reformers seek to change as well as an examination of whether these reforms have been adopted by the state, of Nevada. It is worth noting that over time, tremendous changes have been made about sexual assault. For instance, the time of reporting the case no longer matters unlike in the past when a delay in reporting an incidence could lead to the case dismissal.

According to Bryden, 320 aggravated rapes have been handled extremely well by the authorities. However, sexual assault cases that involve unarmed acquaintances, have been handled unsatisfactorily. Because the involved are closely related people to the victim, there are high chances that the latter will not report the assault to the relevant authorities. In situations where the cases are reported, no serious steps are taken. Contrary to what reformers expected regarding reforms such as evidentiary, little has been changed. For that matter, there are eight categories of reforms that need to be initiated.

Make negligence the men’s rea of rape

With this, it would be important to ensure that culprits who commit sexual crimes or rape are examined for their state of mind about the crime committed. It is no doubt that issues relating to rape usually rest on the mind or brain of the rapist. This will also help curb issues that arise due to recklessness and the assumption that the victim has consented to sexual activities. This concept is important as it will help authorities not to consider rape to be equally culpable or blameworthy hence punishment that is not equal in terms of severity (Bryden 325). However, there is a weakness with this approach is the fact that not all crimes committed are linked to the ‘guilty of mind’.

Imposing strict liability for specific rape types

This kind of reform will ensure that there is no need of proving the link between men’s rea and actus reus although there might be instances of negligence and omission by the defendant (Bryden 337). This will help convict rapists who try to use ignorance as a defense.

Abolishing use of force as an element of rape

This aims at ensuring that rape is not considered a crime when only force is used. This will thus include situations where threatening words are used, false pretense among others. Additionally, redefining rape as non-consensual sexual intercourse means that sexual assault constitutes a situation where two parties engage in sexual acts while one of the parties is not willing to do that. Nonviolent sexual abuse will thus be criminalized (Bryden 364).

Instructing juries to understand that ‘no’ means ‘no’

With this reform, it will be made apparent that when a woman says no to sexual advances, then it should be considered seriously that the victim did not give his or her consent. Additionally, this will help denounce the concept held especially by men that when a woman says, no, she means yes and the latter will continue till the man is met with physical resistance.

Making sex a crime in a situation where an expression of affirmative consent by one of the parties is lacking

This reform will ensure that in situations where one of the parties involved in sexual acts did not give consent either by word of mouth or through acts that are suggesting positive response to the sexual advances made by the other party, any sexual intercourse needs to be considered a crime (Bryden 373).

Consolidating crimes of sexual as well as nonsexual assault

This calls for crimes relating or not relating to sexual assault to be handled together. This will help address situations where a party is abused let’s say for her or his refusal to consent to sexual advances. For that matter issues that may arise including threats, physical injuries among others will be condensed together with rape.

Criminalizing nonviolent types of sexual extortion

This will help safeguard individuals from several problems such as losing their jobs, missing promotion, failing exams in case the involved party is a student among others. Additionally, this change will help ensure that individuals are not exploited as a result of their position and what their desire in life (Bryden 387).

Making it a crime when one obtains sex by pretense

This will help protect the vulnerable members of the society for instance those under the surveillance of a therapist, students among others. Obtaining sexual advantage over the other party by lying and deceiving should be considered a criminal act.

Adoption of reforms by my state

Reform Ideas	Nevada Rape Law
Making it a crime when one obtains sex by pretense	No section in the state’s criminal code addresses this issue. However, it is worth noting it is a crime when an adult lures a child through the use of a computer or network and lies to them (NRS201.560). The only problem with provisions in this state is that sexual assault through pretense is addressed by considering pupils. There is a need to expand the provision to include cases of those adults who are assaulted through false pretense.
Criminalizing nonviolent types of sexual extortion	The state has a very clear provision in regards to this issue. For instance, cases involving married couples are adequately handled (NRS 200-373). However, the same has not been clear when it comes to issues not relating to couples.
Consolidating crimes of sexual and nonsexual assault	The state has a very distinct provision for these sorts of crimes. It is worth noting that the two issues are treated separately. For instance, sexual assault issues are addressed under a different section of the criminal code. However, it is worth noting that during trial hearings, juries try to merge the provisions that intersect between these two scenarios. This seems to pose a challenge to administration of justice and there is a need for the two to be consolidated. In fact there are provisions under NRS 200-366 that call for severe punishment when the perpetrator causes bodily harm to the victim.
Instructing juries to understand that no means no	Based on the provision of the Nevada state criminal code, no section compels the juries during trials to understand and acknowledge that ‘no’ from a victim of sexual assault during the assault meant ‘no’. Therefore, the room has been left for both parties to prove their case. This is most cases has left loopholes for perpetrators of sexual assault to escape punishment.
Abolishing use of force as an element of rape and adopting the definition that rape is non-consensual sexual penetration	The states’ criminal code has broadly defined rape. It is apparent that the use of force is only part of the definition of what constituent the elements of sexual assault. With this in mind, the definition still leaves loopholes making it to be in the minds of perpetrators that only using force constitutes rape. In its definition, the issue of nonconsensual sexual penetration is clear since it has been suggested that rape is ‘…sexual penetration against the will of the victim..’.
Imposing strict liability on certain types of rape	The state’s criminal code spells out the consequences for perpetrators on the basis of the type of offense committed. For instance, under NRS 200-366 an individual who is proved to have caused substantial bodily harm to the victim when sexually assaulting them, will be imprisoned for life with no option of parole or life imprisonment with a possibility of parole starting only after 15 years of serving in prison (Nevada Criminal Code par. 12).
Make negligence the men’s rea of rape	A close examination of the criminal code of Nevada seems not to indicate that the state of mind of the offender or the perpetrator can be used to convict him or she of the crime committed relating to sexual assault.

Conclusion

From the review of sexual assault, it is apparent that there have been tremendous changes in terms of evidentiary reforms. However, the changes did not meet the expectation of reformers. There have been efforts to bring in eight categories of changes that would impact the manner with which crimes relating to sexual assault are addressed; they include making negligence the mens reas of rape, imposing strict liability on certain types of rape, instructing juries that ‘no’ means ‘no’, make sex a crime in the absence of an affirmative expression of consent by the other party, criminalizing nonviolent types of sexual extortion and making it a crime when an individual obtains sex by pretense. Close examination of these reforms in regards to Nevada indicates that the state is not in full compliance with all of them.

Works Cited

Bryden, David. “Redefining rape.” Buffalo Criminal Review 3.1 (2000): 317-479.

Nevada Criminal Code. Chapter 200: Crimes against the person, n.d. Web.