Historical, Legal, and Attitudinal Shifts of Rape Legislation and Prosecution in the U.S.

The concept of rape has been a prominent part of historical U.S. criminal law, and legislation and statutes have changed significantly over time. Despite numerous reforms, however, there is still a lack of reporting, arrests, and convictions for sexual assault cases. This is due to several factors influencing the judgement of criminal justice actors, such as how cases are handled by police officers and prosecutors, who decide whether to further investigate a case, send the case to prosecution for sentencing, or bring the case to trial. Some of these influences include legal and extra-legal factors and certain beliefs or assumptions about sexual assault victims, which affect these officials’ discretionary decisions. As a result, criminal justice officials tend to dismiss or unfound a sexual assault case, especially with acquaintance rape, contributing to the substantial lack of arrests and convictions. These facts, which are examined in the paper, emphasize the need to reassess our criminal justice system's current response to sexual assault cases. This includes adjusting the evaluation markers for prosecutors, improving the communication between the relevant criminal justice actors, and implementing evaluations of prosecutorial ethics and community satisfaction.