Husband versus wife: rape

Sir Matthew Hale's dictum that “the husband cannot be guilty of rape committed by himself upon his lawful wife” has traditionally been a part of English common law. As a result of some recent cases, it would appear that the United States is now rejecting this ruling.     

Marital rape in Scots law

In a number of recent cases in Scotland, England and the United States, the earlier common law rule that a husband could not be convicted of the rape of his wife has been rejected. The law in Scotland has developed to allow the prosecution of the husband where the couple were in fact separated at the time of the rape. This differs from the law in England, where some prior formal separation would be regarded as required. The Scots law still stops short of the position in some parts of the United States, where a charge of rape is competent even while the couple were living together at the time of the incident.     

Social perception of rape victims

Since 1975, 40 states have enacted “rape shield” statustes which limit the admissibility of a rape victim's prior sexual history in court. These reforms have assumed that jurors regard prior sexual history evidence as much too probative of a victim's credibility and moral character, and that such perceptions have a prejudicial impact on the outcome of the jury decision process. The present research adopted an attributional analysis in order to examine the extent to which the types of legal reform affect social perception of the victim as well as the conviction rate in a videotaped consent defense rape trial. A large-scale jury simulation experiment was conducted with qualified jurors from the Minneapolis-St. Paul metropolitan area. Jurors either viewed an Improbable or Probable Likelihood of (victim) Consent version of the trial, with admission of prior sexual history evidence governed by one of three types of exclusionary rules. The results lend credence to the reformist contention that a rape victim is “on trial” along with the accused. Jurors were reluctant to convict when any testimony about prior sexual history was introduced. Moreover, jurors' close scrutiny of the victim's credibility and moral character was directly related to the conviction rate. Only the most restrictive evidentiary rule, when applied to an Improbable Consent case, curtailed the inference of victim consent, enhanced victim credibility, and increased the likelihood of conviction. Some of the legal and attributional implications of these findings were discussed.     

Assessing stereotypes of adolescent rape

PurposeThis study examined adolescent rape in light of two popular stereotypes of young rapists. The “deficit” view emphasizes various sexual, psychological, or social problems, whereas the “entitlement” perspective highlights instrumental motivation, confidence, and gender-based privileges.MethodsThe study analyzed data on adolescent males from the National Longitudinal Study of Adolescent Health (Add Health). We used rare events logistic regression analysis to test the associations between rape and sexual abuse, sexual activity, personality and social attributes, and control variables.ResultsFindings indicated notable associations between adolescent rape and variables emphasized by both stereotypes: net of a range of controls, a history of sexual abuse and low sexual self-control were associated with rape, but rape was also positively associated with self-esteem. We found no significant relationships between adolescent rape and sexual precociousness, number of sexual partners, using sex as a coping mechanism, social isolation, impulsivity, or narcissism.ConclusionsThese findings suggest that both the deficit and entitlement stereotypes hold some merit for understanding why some young men rape.     

The role of the new "date rape drugs" in attributions about date rape

This study investigates the effect of voluntary and involuntary drug use on attributions about sexual assault. The sample was composed of 280 randomly selected male and female undergraduate students. The type of drug used (GHB, alcohol, or none) and the voluntariness of the administration were varied in an unambiguous date rape scenario. Participants viewed sexual assault facilitated by alcohol or drugs similarly to sexual assault without drug or alcohol involvement, assigning the highest levels of responsibility and blame to the perpetrator and the lowest levels of both to the victim in these situations. In contrast, women's voluntary consumption of drugs prior to a sexual assault reduced perpetrator responsibility and blame and increased blame to the victim compared to other situations (except in some cases, voluntary drunkenness). These findings extend the limited research on date rape drugs and previous work on the influence of alcohol on date rape attributions.     

Reforming Medicare provider payment

The basic thesis of this paper is that, in the short to medium term (that is to say, the politically relevant term), fee-for-service payment will be the dominant form of Medicare transaction--and that is not such a bad thing. Capitated arrangements will grow, and should be encouraged, especially for long-term-care services, but for reasons to be discussed, it would be a mistake to put too many policy eggs into that basket. As the nascent Prospective Payment System (PPS) for hospital care reveals, fee-for-service payment can take almost an infinite variety of forms, and the connection between the choice of form and the cost impact is highly variable and somewhat uncertain. PPS needs considerable improvement; so, unquestionably, does the current nonsystem of physician payment. An analysis of potential improvements in both arenas will constitute the bulk of this discussion. That emphasis reflects not only the personal predilections of the author, but also the contention that those are the most sensible things to talk about.     

Social perception of rape: how rape myth acceptance modulates the influence of situational factors

This study assessed the role of rape myth acceptance (RMA) and situational factors in the perception of three different rape scenarios (date rape, marital rape, and stranger rape). One hundred and eighty-two psychology undergraduates were asked to emit four judgements about each rape situation: victim responsibility, perpetrator responsibility, intensity of trauma, and likelihood to report the crime to the police. It was hypothesized that neither RMA nor situational factors alone can explain how rape is perceived; it is the interaction between these two factors that best account for social reactions to sexual aggression. The results generally supported the authors' hypothesis: Victim blame, estimation of trauma, and the likelihood of reporting the crime to the police were best explained by the interaction between observer characteristics, such as RMA, and situational clues. That is, the less stereotypic the rape situation was, the greater was the influence of attitudes toward rape on attributions.