Rape in 1880 and 1900
The laws for rape in Nevada during this time period, the 1880 and 1900, help us better understand why rape was reported in the way it was. It also helps us understand why there is much public outcry and vigilantism for this crime.
According to the Revised Laws of Nevada published in 1912 the statue for rape is as follows.
6442 Rape Defined-Penalty
SEC. 177. Rape is the Carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the state prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the state prison for a term of not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of sixteen years or upward who shall have carnal knowledge of any female child under the age of sixteen years, either with or without her consent, shall be adjudged guilty of a crime of rape, and punished as before provided.
There are many other provisions to this law, and it goes on to mention attempted rape, the force and intentions required for the commission of the crime, and that any penetration, however slight, is enough for carnal knowledge to be obtained.
This law separates the victims and the offenders of this crime to be only men on women. This excludes women on women sexual violence as well as men and men sexual violence, although the latter is often viewed as sodomy, a separate crime. This law also has a provision for children, what we now call statutory rape, that someone over the legal age cannot sexually interact either with or without consent with someone under the legal age.
Many of the cases in The Morning Appeal deal with children victims. Out of the 35 cases I have for the two time periods 10 mention children directly, in other cases names are given for local young girls but their ages are not mentioned.
The crime of rape is more frequently reported in the 1880’s timespan that in the 1900’s. This can be seen by the need to go a few years out of the span of 1900 to find a sufficient amount of date on the crime of rape. Contrary to the 1880’s where there was a sufficient amount of data within that year itself. There are also changes in the way this crime is reported. The use of the word Outrage is practically interchangeable with rape in the 1880’s. This changes drastically in 1900’s the where the word outrage is used only once in all the rape cases for that timespan. This change in language helps to show us how the crime itself has changed, as well as the fewer reporting’s of that crime in general.
Throughout both the time periods the use of citizen vigilantism is used far more frequently than the courts. These cases involve many lynching’s as well as shootings, and one attack with a frying pan. These community decisions to persecute someone of a heinous crime usually come after they have been arrested or when they are caught in the act. This general disregard for the law usually goes unpunished or is even rewarded and justified by the community. When the law is applied in court there have been many pardons as well as not guilty verdicts, because of lack of testimony and evidence. These two extremes stay consistent throughout the timespan.