Rape, Retribution, and 'Missoula'

Supreme Court Justice John Marshall Harlan II once observed that it is the task of the law to form and project as well as mirror and reflect—that is, to shape behavior while also expressing society’s understanding of proper conduct. Over the last 40 years, American society has introduced dramatic changes in rape law, changes aimed at making criminal prosecutions and convictions easier. The reforms have succeeded in altering society’s understanding of sexually motivated assault, but the revised law has not adequately mirrored and reflected society’s views on the appropriate sanctions. The result has been a failure to increase in any significant way the number of prosecutions and convictions for rape, particularly alleged rape by an acquaintance of the accused. To summarize: reformers have captured the law and reshaped it to conform to their notions of right and wrong but failed to take account of the sentiments of the general public, which has sent the message that the reforms have gone too far.