Overview of the Worldwide Practices for Rape Prevention

  • Amisha Prakash and Andlib Imrose
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  • Amisha Prakash

    Student at Chanakya National Law University, Patna, India

  • Andlib Imrose

    Student at Chanakya National Law University, Patna, India

Abstract

The laws of Rape have experienced vast revolution all over the globe. Thus, in some places, the word ‘rape’ has been replaced with ‘sexual coercion’ or ‘sexual assault’; in some places, it has been made gender-neutral; in some others, the element of ‘consent’ has been set aside, while in some others, marital rape has been acknowledged. There has been symbolic revision to the law on rape, nowadays it is almost invariably criminalized. Rape is universally a crime but the definition and legal principle deviate between countries and yet not everywhere reach the best practice standards developed by international bodies. The mismanagement of rape and other sex crimes puts victims at a unique prejudice in the criminal justice system, declining the rate of informing rape and increasing the rate of claims withdrawn by victims. Exhaustive sex crime law reform began in the 1970s. Feminists denied the view that women are the property of men without separate legal status or rights and claimed transformation in the laws. Most states have widened the terminology of sex crimes to eradicate inequality based on gender and marital status. Most nation-states now precisely perceive rape in the context of marriage. There has been a minimization in the marital exception to rape being a crime but it still remains legal in many countries today also. Several International developments have taken place over the years with concern to violence against women. Certain changes are necessary to prosecute rape worldwide because even today, the laws framed to deal with rape are inadept and flawed. The authors purpose is to review the developments in policy practices across the world that aim to prevent rape and to identify best practices and also to ascertain that how far Indian rape laws is at par with other countries law. It is hoped that the findings of this study will help in examining to what extent they address rape prevention.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 328 - 345

DOI: http://doi.one/10.1732/IJLMH.26060

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