| How to Obtain
Documents |
| |
| NCJ Number:
|
NCJ 146336
|
| Title:
|
RAPING SODOMY AND SODOMIZING RAPE: A MORALITY TALE ABOUT THE TRANSFORMATION OF MODERN SODOMY JURISPRUDENCE
|
| Journal:
|
American Journal of Criminal Law Volume:21 Dated:special issue (Fall 1993) Pages:37-126
|
| Author(s):
|
L C Backer
|
| Publication Date:
|
1993 |
| Pages:
|
90 |
| Type:
|
Issue overviews |
| Origin:
|
United States |
| Language:
|
English |
| Annotation:
|
This article examines the forces shaping modern criminal sodomy. While the article focuses on one State (Oklahoma), there is a moral for all States that continue to incorporate within their criminal codes divisions between different types of sexual activity. |
| Abstract:
|
This examination of sodomy follows the transformation of consensual sodomy from a crime of moral deviance or mental disease to one of coercion, and on sodomy's merger into the traditional crime of rape. Part 1 sets the stage by describing the notion of sodomy in the criminal law as a crime used as a catch-all proscription of violations of religious sexual conduct taboos. Part 2 begins the focus on the state of Oklahoma and the state judiciary's nearly century-long struggle to give content to classical sodomy as the "detestable and abominable crime against nature, committed with mankind or with a beast." First tracing the genesis of the classical definition of sodomy, Part 2 then explores the manner in which the courts have transformed classical sodomy in the last quarter of the 20th Century. Part 3 analyzes the transformation of the underlying basis of sodomy jurisprudence over the last century. Part 4 applies the transformative notions underlying criminal sodomy to scrutinize the increasing emphasis on coercion that has begun to reshape sodomy into the quintessential crime of coercion - rape. Part 5 offers an appraisal of the effect of this century-long sexual game played between the State and its citizens, what it might portend as States transform their notions of sodomy into a distinct subspecies of rape, and the moral that it might hold for jurisdictions still tampering with sodomy. Part 6 concludes the article and discusses Oklahoma's proposed legislation in the area of sexual crimes. Footnotes |
| Main Term(s):
|
Courts/ |
| Index Term(s):
|
State laws ; Sex offenses ; Criminology ; Victims |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=146336
|
* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
|
|
Help | Contact Us | Home
