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A "Peculiar Offence": Legal, Popular, and Gendered Perceptions of Rape in the Early American Republic, 1790-1850

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Degree
Master of Arts in History, Youngstown State University, Department of History, .
Abstract

Rape was a constant topic in the Early Republic, whether in legal cases, factual newspaper articles, or fictional novels. This thesis examines the legal, popular, and gendered perceptions of rape in the Early American Republic (1790-1850) and demonstrates how the period's legal and social systems constantly influenced one another's conception of rape. Moving beyond the conclusions of previous scholars, this thesis argues that conflicting variations of rape existed in the Early Republic and that rape in this historical context cannot be simply defined as the male population's exercise of patriarchal power over the female population.

Chapter one analyzes rape from a legal perspective and examines cases of rape and attempted rape and the laws and statutes that governed them. It argues that the prosecution of rape in the Early Republic was extraordinarily arbitrary and greatly influenced by the popular perception of rape and sexual behavior. Chapter two examines from a social and cultural perspective and analyzes popular representations and perceptions of rape and sex in novels and newspapers. It argues that the legal and popular perceptions of rape in the Early Republic were more heavily rooted in fiction than in fact, creating a rape narrative that permeated rape prosecutions. Finally, chapter three addresses the role of gender and power in the legal and popular representations of rape in the Early Republic. It argues that in the process of being further victimized, Early Republic rape victims exercised agency through the legal and social systems' perceptions and expectations of them.

Subject Headings
American History; Gender; Gender Studies; History; Law; Legal Studies; Womens Studies
Keywords
rape; early republic; united states; cultural perceptions; legal perceptions; gendered perceptions; sexual violence; fictional representations; rape cases; carnal knowledge
Committee / Advisors
Diane Barnes, PhD (Advisor)
G. Mehera Gerardo, PhD (Committee Member)
Martha Pallante, PhD (Committee Member)
Pages
v, 94 p.

Document number: ysu1339013728
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