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Rape As A Unique Crime Under Domestic Law

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Chapter Summary

This chapter presents the complexities of the domestic offense of rape with respect to its development and the remnants of patriarchy still embedded in it, which have been preserved in many countries. It first discusses the symbiotic relationship between international law and domestic law. This connection explains the significance of the study about the way in which domestic law, first, chose to exclude rape, and subsequently, decided how to include sex and gender crimes. Domestic law is examined from the social perspective and then from the legal perspective. Particular focus is given to those crimes for which the domestic law has adopted a presumption that the author has termed "the presumption of nonconsent". International law must focus on the exceptions to the general rules of rape: those offenses in which a presumption has been adopted that consent cannot exist.

Keywords: domestic law; international law; rape



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