In the 1970s, feminists also began to change state laws related to rape.
Several states had special rules of evidence in rape trials, including requir-
ing corroborating evidence in addition to the woman’s testimony. To
prove that force was involved and that the woman had resisted, the evi-
dence could include a weapon, bruises, or torn clothing. To prove that
penetration had occurred, possible evidence included vaginal tears,
bruises, and sperm. The courts permitted testimony about the woman’s
prior sexual history as relevant to the issue of consent, and the victim’s at-
tire could be part of the defense, which could assert that revealing or sexy
clothing constituted an invitation to be assaulted, the “she asked for it” de-
fense. In addition, judges’ instructions to juries included the caution ar-
ticulated by a seventeenth-century jurist: “Rape is an accusation easily to
be made and hard to be proved, and harder to be defended.”
Since the 1970s, every state in the country has revised its rape laws,
with some of the states amending them several times to move the empha-
sis from the victim’s behavior and clothing to the defendant’s actions. The
requirement that women resist the attack and examinations of victims’
behavior and prior sexual activity, with some exceptions, and the seven-
teenth-century instructions to the jury have been dropped in most states.
As states changed their laws, they also renamed the offense sexual assault
and made it gender-neutral.
In the 1970s, because rape was defined as “forcible penetration of an
act of sexual intercourse on the body of a woman not the man’s wife,”
forced sex between a husband and wife was legal, and even if she was in-
jured, no law had been broken. Whether a state labeled forcible sex as rape
or as sexual assault, there was often a marital exemption, but by the 1990s,
that exemption had been eliminated in almost every state. In addition,
sexual assault laws covered cohabitants and people on dates.
In the 1990s, an increasing number of women reported that they had
been raped after they had been drugged. An odorless, colorless, tasteless
drug, Rohypnol relaxes people so that resistance is almost impossible and
it may lead to memory loss. By secretly placing the drug in a drink, rapists
disarmed their intended victims. In 1996, Congress increased the penal-
ties for giving drugs, especially Rohypnol, to a person without the person’s
knowledge and with the intent to commit a violent crime. In addition,
college safety groups and other organizations produced warnings to alert
women of the potential danger.
See also Feminist Movement; New York Radical Women
References Baer, Women in American Law: The Struggle toward Equality from
the New Deal to the Present (1996); Brownmiller, Against Our Will: Men,
Women, and Rape (1975); Congressional Quarterly Almanac, 104th Congress,
562 Rape