Common Law Rape and Modern Statutes Describing Sexual Assault Essay

parking area Law Rape and Modern Statutes Describing Sexual Assault - Es assure ExampleThe paper tells that according to normal law, rape is a crime and the rapist must be punctually punished for the attempt to forcefully de populaced sexual intercourse with a helpless victim. Common law states that rape cannot be commit by husbands and wife as it is believed that a man cannot in both way rape his aver wife. This is actually the disparity that exists between common law and new-made statutes with regards to sexual assault. Modern statutes stipulate that a man that forces his wife to have sexual intercourse with him is guilty of rape and should be convicted like any other rapist. Common law treated the wives as the property of their husbands and even if the man procedures force to have sex with her, he is not in any way guilty of raping her. The modern law stipulates that a man must seek the consent of his wife before sexually penetrating her as the use of force by the man is a case of rape and the man must be duly punished. Thus, common law stipulates that a case of rape cannot exist between husband and wife, while modern statutes stipulates that a man can force his unwilling wife to have sex with him and in this case, the man has committed the offence of rape and must be punished according to the punishment that is given to rapists. To say that rape statute is not gender specific simply means that rape can be committed by both males and females. It was generally believed that it was only the males that committed rape, while the females were the victims of rape.