BETTER DEAD THAN R(AP)ED?: THE PATRIARCHAL RHETORIC DRIVING CAPITAL RAPE STATUTES

From: St. John's Law Review | Date: October 1, 2004| Author: | Copyright information

"It is true rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent. "

Sir Mat thew Hale, 1676

"Our society has the feminist movement to thank for all of these structural reforms. But the most important change brought about by the women's movement is abandonment of the antediluvian notion that rape is 'a fate worse than death. ' Nothing is worse than death . . . ."2

Susan Jacoby, 2002

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