The Nature of Rape
Rape is among the sensational types of crime; papers rarely report it as just “rape.” Instead, search terms like “outrage,” “ravish,” and “assault” were often popular descriptors. “Outrage” was the most used term, no matter the era. The usage of these terms, as found by historian Estelle Freedman, represent the sensationalism surrounding this sexual crime. The words were meant to horrify and startle the community as was a common theme in 20th century crime reporting.
One of the main points of the crime rape was its center on protecting female innocence. Freedman notes this movement as the “girling of rape” which is the amplification of the fact that women and their innocence must be protected. Take the case found under “The Next Congress” of a farmer killing the offender who attempted to rape his daughter. The charge of murder was dismissed and the farmer was hailed a hero for protecting his daughter’s virtue.
To better understand the crime, we define the laws surrounding rape, specifically in Nevada by examining the crime and punishments highlighted by Henry C. Cutting’s The Compiled Laws of Nevada in Force from 1861 to 1900 (Inclusive):
"Rape. 4698. § 44. 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 not less than five years, and which may extend to life; and any person of the age of fifteen years and upwards who shall have carnal knowledge of any female child under the age of fourteen years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided.
ATTEMPT TO COMMIT RAPE-CONSENT OF FEMALE. An attempt to commit rape does not constitute an assault when the female actually consents to what is done, whether she be within the age of twelve years or not. State v. Pickett, 11 Nev. 255.
RAPE-PENETRATION. Slightest proof only necessary to justify submitting question to the jury. * State v. Depoister, 21 Nev. 107.
CRIMINAL LAW-RAPE-CONSTRUCTIVE FORCE. In the crime of rape, the force necessary to complete the offense may be constructive. Such constructive force exists where sexual intercourse is had with a woman who is unconscious or mentally unable to fairly comprehend the nature and consequences of the sexual act. State v. Lung, 21 Nev. 209.”
One specific portion of the law that is interesting to notice is proof of the crime. There had to be some kind of proof to show that the rape occurred. Victims usually had to highlight the fact that they fought their attacker off, but also show themselves as dainty women for the jury to consider conviction. In “A Beastial Boy” and “Brutes of the Circus Ring” we see the extent that was highlighted to prove the victim’s innocence; one had gotten a disease and the other brutally beaten to the brink of death. However, in “POHL LIBERATED” the same case from “A Beastial Boy” was dismissed since the victim didn’t appear at court.
Rape in the Appeal tends to be quite to the point; it discusses the crime and its details without straying from the truth too much. Local stories will contain more information due to proximity, but it also chooses much of its farther stories to have some sort of shocking detail such as incest, children, serious injury, or lynching which fits the sensationalism that was becoming popular in crime reporting; however, it is important to note that these stories don't expand on the crime's details most often. It is very likely due to the Appeal's nature as a commercial newspaper which borrows stories from other sources.