Lawyers Manual - Unified Court System

Notes
When Domestic Violence Victims Are Sexually Assaulted 191
Jane Manning, former Queens County District Attorney, was the prime source
of inspiration and wisdom for this chapter.
1. The death penalty for rape was constitutional until the Supreme Court
decided Coker v Georgia, 433 US 587 (1974).
3. Report of the New York Task Force on Women in the Courts, 15 Fordham
Urban L Journal 1, 50, n 112 (1986-1987) [New York Task Force on Women
in the Courts]. For a full discussion of corroboration requirements, see
Susan Estrich, Real Rape: How the Legal System Vicitimizes Women Who
Say No, 42-47 (1987) [Real Rape].
4. New York Task Force on Women in the Courts, supra note 3, at 50, n 112.
5. Id. at n 110.
6. 64 NY2d 151 (1984).
7. Id.
8. Id.
9. See e.g. Penal Law §§ 130.00(3), 130.10(4).
10. Real Rape, supra note 4. Ms. Estrich, who was raped by a stranger, says, “I
am lucky because I was ‘really’ raped. When I tell my story, no one doubts
my status as a victim. No one suggests that I was ‘asking for it.’ No one
wonders, at least out loud, if it really was my fault. No one identifies with
the rapist.” Id. at 3.
11. Id. at 4.
12. Diana H. Russell, Rape in Marriage, 57-59 (1982) [Rape in Marriage].
13. Raquel Kennedy Bergen, Surviving Wife Rape: How Women Define and
Cope With the Violence, 1 Violence Against Women 117 (1995) [Surviving
Wife Rape].
14. Rape in Marriage, supra note 12, at 91.
15. Surviving Wife Rape, supra note 13, at 117.
16. Rape in Marriage, supra note 12, at 192-93.
17. Id. at 199-205; Robin Warshaw, I Never Called It Rape, at 68 (1994).
18. Rape in Marriage, supra note 12, at 198.