Some of issues with rape are the fact that there are so many types of rape. Date rape drugs, such as GHB or (gamma–hydroxybutyrate) other types of rape such as sexual child molestation and incest, homosexual assault, and elder abuse make strict laws for rape cases hard to pass by government officials. There are so many types of rape that in some cases the person being molested, or involved with non consent abuse are not able to resist the attacker due to restraints that they are unable to show resistance to the attacker. Under common law, there are exceptions to resistance if the victim is incapable of resistance such as intoxication, rape drugs administered and lack of conciseness. In these special cases, I think that the testimony of the victim should be the only evidence needed to press charges of rape. Other information may come from a Nurse Specialist or a doctor’s testimony and evidence that is collected from the crime scene by a qualified investigator. Iin most cases the common law is effective enough to prove guilt during a court case. The impact of showing resistance in court may lead to a re inaction of the rape that could be mentally damaging to the victim.
References:
Haverford College Pennsylvania (2001) United States Federal Rape Laws, from source: www.students.haverford.edu/masar/documents/USRapeLaws.pdf
Mance, Ian/ Andrews, Dorothy (2002) Appalachian State University 035-020 Rape Kit Examination, from source: http://sga.appstate.edu/pagesmith/176
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