Beyond Consent: Unpacking Sexual Offense Law

Beyond Consent: Unpacking Sexual Offense Law delves into the intricate evolution of rape law in the United States. From its roots in English common law, where it was shockingly viewed as a crime against male property, to today's recognition of bodily autonomy, we trace the transformative journey. This podcast dissects historical definitions of "force" and "consent," exposing how archaic doctrines like "utmost resistance" and the marital rape exemption marginalized victims. We then explore the pivotal 20th-century rape reform movement, highlighting the feminist advocacy that abolished corroboration rules and established rape shield laws, fundamentally broadening the legal definition of sexual assault. Finally, we tackle the ongoing challenges in applying modern statutes, examining issues of victim resistance, harm reduction, and how aggravating factors shape sentencing in contemporary cases.