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

a civil and human rights perspective

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.