2008 Woodie Awards
Legal Analyst Wendy Murphy on Issues of Women
Leighanne Noonan
Issue date: 4/27/06 Section: News
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On Monday, April 24, legal analyst Wendy Murphy spoke to Northampton and Smith College in a lecture entitled, "Rethinking Rape and the status of women in the Criminal Justice System." The event was held in John M. Greene Hall and addressed the failure of rape reform laws as well as the protection of victim liberty in sexual abuse cases.
Murphy's lecture began with a cautionary note; she stated that her thoughts and ideas may be "controversial, provocative, and offensive" to some but that she "appreciated critical feedback." She also stressed that the issue did not belong to a certain political party and that she hoped those who speak about these issues would not allow their affiliation to deter their beliefs.
Murphy noted the legal reform movement that occurred about 30 years ago. This motivation for change was sparked by dissatisfaction with violence against women" and the rising belief that "private violence was the public's problem."
According to Murphy legislators and activists, many measures were taken "in proclaiming an interest in the promotion of freedom and equality." Such statutes as the marital rape exception, which halts prosecution against rape within a marriage, and the utmost resistance requirements, that women must show signs of utmost resistance to the crime, were abolished. The rape shield laws were also enacted, preventing certain information such as sexual history and confidential discussions from being exploited in the courtroom.
Murphy asserted that these reform laws were aimed at addressing certain claims made in these kinds of cases. False allegations, portraitures of the women as vindictive, mentally ill, vamps or masochists, and labeling of men as naturally aggressive were thought to have been prevented.
However, Murphy does not agree. Using the case against basketball star Kobe Bryant as an example, she addresses the lack of change. According to Murphy the victim was portrayed as "vindictive, ill and a promiscuous vamp." Additionally, "Kobe was painted as a stud."
Murphy's lecture began with a cautionary note; she stated that her thoughts and ideas may be "controversial, provocative, and offensive" to some but that she "appreciated critical feedback." She also stressed that the issue did not belong to a certain political party and that she hoped those who speak about these issues would not allow their affiliation to deter their beliefs.
Murphy noted the legal reform movement that occurred about 30 years ago. This motivation for change was sparked by dissatisfaction with violence against women" and the rising belief that "private violence was the public's problem."
According to Murphy legislators and activists, many measures were taken "in proclaiming an interest in the promotion of freedom and equality." Such statutes as the marital rape exception, which halts prosecution against rape within a marriage, and the utmost resistance requirements, that women must show signs of utmost resistance to the crime, were abolished. The rape shield laws were also enacted, preventing certain information such as sexual history and confidential discussions from being exploited in the courtroom.
Murphy asserted that these reform laws were aimed at addressing certain claims made in these kinds of cases. False allegations, portraitures of the women as vindictive, mentally ill, vamps or masochists, and labeling of men as naturally aggressive were thought to have been prevented.
However, Murphy does not agree. Using the case against basketball star Kobe Bryant as an example, she addresses the lack of change. According to Murphy the victim was portrayed as "vindictive, ill and a promiscuous vamp." Additionally, "Kobe was painted as a stud."
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