The evolution of rape to sexual assault legislation and its impact on Essay

The evolution of rape to sexual assault legislation and its impact on sentencing - Essay Example This is because; married women were considered to be the property of their husbands and, therefore, forced coitus by one’s spouse was not considered a crime. In this instance, it was only considered a crime if the female was an unmarried virgin. Over time, these laws have evolved so as to ensure fairness in the way such cases are handled. However, there is still inconsistency among various states in regards to the laws that relate to sexual assault. Despite all these factors, what is evident is that presently, forced penetration of both genders is a serious offence under the law. There are still some grey areas in regards to the actual definition and understanding of terms such as consent and force. It has now been widely established that forced penetration of an individual is known as rape. Recently, the definition of rape has been enhanced to include penetration without force but also without consent. Rape is a sensitive matter and these varying opinions make it difficult for one to really know if they are indeed victims of such assaults (Caringella, 2009). This will also influence their decisions to seek legal redress and report the crime to the relevant authorities. Much of this change is due to feminist groups in the United States who struggled to ensure that the rights of women were protected in regards to rape. They have been at the front line in coming up with the correct definitions and the laws that are used to prosecute offenders. It is the same group which has been at the forefront in lobbying for laws that protect women from violence. They also pushed for the adoption of rape shield laws. These laws protect a victim of sexual assault such that in case of a trial, the victim’s sexual history will not be questioned. Such questions are used to intimidate victims and try to insinuate that they had somehow attracted the rapists. By adoption of the laws, it is now easier for rape victims to report such incidences due to the fact that their