Stranger and nonstranger rape: One crime, one penalty

From: The American Criminal Law Review | Date: October 1, 1999| Author: | Copyright information

I. INTRODUCTION

In her article, Ripe, Susan Estrich identifies two types of rape: "traditional" rape (a violent rape committed by a stranger) and "nontraditional" rape (a less violent rape. committed by an acquaintance of the victim).1 Estrich argues that "nontraditional" rapes should be subject to criminal penalties, "albeit reduced ones."2 This Note challenges Estrich's conclusion that nontraditional rape warrants a less severe penalty than traditional rape. Instead, this Note proposes and defends a sentencing structure in which the penalty for nontraditional rape is the same as that for ...

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