The public prosecutor’s office and sexual violence in the United States

This article argues that rape and sexual assault, and more importantly the non-prosecution of sexual assault claims, should be understood as civil and human rights violations. The article discusses the definition of rape and some of the key attributes of the crime. The article examines how the definitions of rape and sexual assault have changed over time, both internationally and domestically in the United States, chiefly due to the intervention of the feminist movement. Consequently, the article shows that rape prosecutions are more likely to be successful when more modern definitions of rape are utilized. The article examines how rape prosecutions are conducted in the United States and describes obstacles to the proper execution of sexual assault cases brought by prosecutors in the United States. Finally, the article suggests several actions that prosecutors’ offices can take to ensure human rights are enforced and respected in rape and sexual assault prosecutions.

Authors

Publication Details

Journal
Revista da Escola Superior do Ministério Público da União
Published
2024-12-11
DOI
https://doi.org/10.63601/resmpu.2024.v1.n2.e-2105
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

The public prosecutor’s office and sexual violence in the United States

Kenneth B. Nunn
Revista da Escola Superior do Ministério Público da União
Law in Society and Culture
article

The public prosecutor’s office and sexual violence in the United States

Kenneth B. Nunn
article en

Abstract

This article argues that rape and sexual assault, and more importantly the non-prosecution of sexual assault claims, should be understood as civil and human rights violations. The article discusses the definition of rape and some of the key attributes of the crime. The article examines how the definitions of rape and sexual assault have changed over time, both internationally and domestically in the United States, chiefly due to the intervention of the feminist movement. Consequently, the article shows that rape prosecutions are more likely to be successful when more modern definitions of rape are utilized. The article examines how rape prosecutions are conducted in the United States and describes obstacles to the proper execution of sexual assault cases brought by prosecutors in the United States. Finally, the article suggests several actions that prosecutors’ offices can take to ensure human rights are enforced and respected in rape and sexual assault prosecutions.

Revista da Escola Superior do Ministério Público da UniãoVol. 2(1)
Openalex Percentile: Top 44%
Law in Society and Culture
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