>>> Item number 369, dated 93/12/12 14:33:19 -- ALL
Date: Sun, 12 Dec 1993 14:33:19 -0600 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@uxa.ecn.bgu.edu Subject: history of rape
Dear Colleagues:
I have just begun an examination of the use of scientific evidence in the prosecution of rape, and consultation of the Index of Legal Periodicals has produced just one article on the history of rape--and that one discusses a medieval case in England. I'm looking at the U.S. in the nineteenth and twentieth centuries, and I would be grateful for any citations or suggestions on where to look or whom to contact for more information on the subject. (I have already read Susan Brownmiller.)
Thanks!
Julie Johnson, Ph.D.
History and Sociology of Science
University of Pennsylvania
jjohnson@sas.upenn.edu
>>> Item number 372, dated 93/12/12 23:14:37 -- ALL
Date: Sun, 12 Dec 1993 23:14:37 -0600 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@uxa.ecn.bgu.edu Subject: Re: history of rape
>[Friedman]
>has a discussion of "buggery." In those cases both man and animal were
>put to death. I guess lawmen assumed sex between man and beast to be
>consensual.
i think we went through this a month or so ago, but it was suggested that the animal was killed in order to repair the rent in the fabric of the universe, as per the scholastics.
>I notice the 1852 Kentucky digest makes it a crime for a man to "detain" >a woman "with intent to have carnal knowledge with her himself, or that >another shall have such knowledge" ..."Detaining" would be easier to prove. >... Another possibility: legislators wanted to >provide jurors with an "out"--a way of punishing a rapist for something >less than rape (10-20 years).
"detaining" could be a euphemism, too, like "crimes against nature" instead of buggery and "crimes repugnant to the marriage covenant" instead of adultery.
and yes, i guess hopkins was =alleged= to have raped & murdered. what's important,though, is what the case is about: rape & murder. my apologies to hopkins' descendants for besmirching their patriarch's good name.
--
Bob: Friedman does talk about killing animals as deodands, but this does not seem to have been that--but I'll admit I'm not sure.
The Kentucky law does not sound euphemistic. They had a law against rape and another law against detaining a woman. "Detaining" could not be a euphemism for rape, they had that covered. Or sodomy--they had that too.
Its not Hopkins' good name we should care about. But we should examine our assumptions when researching the past. And we often do carry suppositions about guilt of innocence about blocks of past peoples with us.
Chris Waldrep
Eastern Illinois University
>>> Item number 731, dated 94/07/26 13:30:09 -- ALL
Date: Tue, 26 Jul 1994 13:30:09 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Rape trials, early modern (fwd)
I am trying to track down any accounts of trials for rape or attempted rape in England 1590-1630. Aside from some of the really well-known sex-crime trials (Overbury, Castlehaven), all I've been able to track down in the archives of the P.R.O. are tiny mentions of claims and judgements (where rendered). If anyone knows of anything in this area, I'd greatly appreciate any leads.
I've done what I could, incidentally, to follow the threads set up by J. A. Sharpe and the few other current social historians doing work on crime in early modern England, but they have not for the most part dealt with rape and other sexual violence. Best would be a rather extended account, if anyone has run across one or knows a likely place to look. Also, are there any collections in the States, reprints or facsimiles or anything else, that might gather some of this material?
Sorry to be so vague; thanks in advance. Please feel free to e-mail me directly.
Gavin Witt
ghwitt@midway.uchicago.edu
>>> Item number 736, dated 94/07/29 16:34:31 -- ALL
Date: Fri, 29 Jul 1994 16:34:31 -0700 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu> Subject: Rape trials, early modern (fwd) (SMTP Id#: 52247) - Reply (fwd)
Have you contacted Professor James Cockburn, History Dept. at the University of maryland? He works in this area. Laura Bedard
>>> Item number 737, dated 94/08/02 07:56:18 -- ALL
Date: Tue, 2 Aug 1994 07:56:18 -0700
Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET>
Sender: Legal History discussion list <H-LAW@UICVM.BITNET>
From: Elizabeth Brandt <ebrandt@raven.csrv.uidaho.edu>
Subject: Re: Rape trials,
early modern (fwd) (SMTP Id#: 52247) - Reply (fwd)
Laura Bedard--
Have read J. S. Cockburn books and articles in search for sources, but had
not contacted him at U. of MD. I'll get in touch; thanks for the suggestion
and response.
--Gavin
>>> Item number 950, dated 94/12/13 18:47:08 -- ALL
Date: Tue, 13 Dec 1994 18:47:08 -0600 Reply-To: H-Net and ASLH Legal History Discussion list <H-LAW@UICVM.BITNET> Sender: H-Net and ASLH Legal History Discussion list <H-LAW@UICVM.BITNET> From: Chris Waldrep <cfcrw@uxa.ecn.bgu.edu> Subject: English Rape Law
I am doing a book on a Restoration poet (British) in which she mentions "newly enacted laws" on rape and incest. I am having the devil's own time trying to find out what laws on these crimes were either on the books or "newly enacted"--any advice? direction? I have tried Holdsworth (vols 4 & 5, out library does not own set), to no avail.
I do not sub to this list; please reply directly. Any and all help most appreciated.
Pat Hoffmann, WPA hoffmap@snyplava.bitnet
(Writing Program Admistrator)
School of Business and Economics hoffmap@splava.cc.plattsburgh.edu
Redcay Hall 154
New York State University Phone: 518-564-4212 College at Plattsburgh FAX: 518-564-3183
Plattsburgh, New York 12901