Rape, Autonomy, and Consent.

The article focuses on the book "Unwanted Sex: The Culture of Intimidation and the Failure of Law," by Stephen J. Schulhofer. Beginning in the early 1970s, feminist critics of American rape law developed a powerful case showing that many victims of rape are violated twice: first by an assailant, second by the law. Demonstrating the deeply patriarchal biases in both the common law and the statutes governing rape and sexual assault, these commentators, scholars and reformers identified gross and undeniable moral wrongs in the legal standards determining when rape occurs; that is, what counts as rape, the rules governing criminal proceedings in rape cases and the attitudes toward and practices affecting rape victims. In the real world of rape, the critics showed, these interrelated post-rape wrongs commonly begin with the insensitive, insulting and often humiliating interrogations of police disinclined to find real rape in the reports of any but the most battered of victims. There would seem to be little question that nearly 30 years of extensive scrutiny, sustained criticism and persistent activism have resulted in developments that are significant, positive and at least arguably, far-reaching.