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Authors

Tiffany Bohn

Document Type

Article

Media Type

Text

Abstract

Post-penetration rape describes the scenario when, at some point after consensual intercourse begins, one of the participants asks that the intercourse cease and the other does not desist. This situation is one of the more recently recognized forms of acquaintance rape. This recognition comes with various nuances and complexities that have caused a split amongst courts regarding how to deal with it when it arises in criminal prosecutions. One significant concern in the recognition of post-penetration rape as a rape rather than a battery or other crime is the need to strike a balance between providing recourse in the justice system for victims of post-penetration rape and protecting potential defendants from false accusations and improper convictions. This comment discusses this balance and suggests that state legislatures are in the best position to clarify criminal codes to recognize post-penetration rape, and that several safeguards may be put in place to prevent false accusations. Additionally, this comment examines the current perceptions of post-penetration rape in terms of interaction with the rules of evidence and the use of sexual consent contracts.

First Page

151

Last Page

183

Publication Date

11-1-2004

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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