As Sally Raskoff recently blogged about, the news of Roman Polanski’s arrest has sparked a conversation about how we think about rape and sexual assault of children. If Polanski loses his extradition fight and returns to the United States, he will return to a very different country than the one he fled. In 1978, the year he became a fugitive, the Rams still played in Los Angeles, Jimmy Carter was president, and the average price of a gallon of gas was 61 cents.
And as the New York Times recently noted, Polanski would also return to an America that has decidedly different mores about sex than we did during the 1970s. While in some ways we might have more liberal attitudes about sex, we are much more likely to condemn sexual assault today than we were in the 1970s, especially if children are involved.
Much of the sexual openness we attribute to the 1960s actually took place in the following decade, after birth control became more widely available. Oral contraceptives only became legal for unmarried women in all 50 states after the 1972 Supreme Court decision Eisenstadt v. Baird, which effectively legalized sex between unmarried men and women. Sex outside of marriage was technically illegal in many states, although these laws were not enforced often, but they remained on the books in some states until the Supreme Court ruling struck them down.
By the 1980s, sex was no longer viewed as an expression of freedom—with the discovery of AIDS, it was potentially dangerous. Ideas about recreational sex began to shift during the late 1980s and early 1990s as the disease spread and teen pregnancy rates rose.
Adults’ attitudes about teen sex are less lenient today too. In 1986 the General Social Survey, a nationally representative household survey, first asked respondents about their attitudes about teen sex (defined in the survey as sex between fourteen- to sixteen-year-olds). That year 67 percent of respondents answered that it was “always wrong,” compared with 73 percent in 2006, the most recent year for which we have data.
Just as concerns about consensual sex began to rise, legal responses to rape became more serious in the 1980s. For example, spousal rape was often considered an oxymoron, and it wasn’t until 1993 that all 50 states recognized it as a crime.
Acquaintance rape, or sexual assault committed by someone one knows, (and frequently called “date rape”) had barely entered everyday language in the 1970s, and states only began passing rape-shield laws – which made a victim’s sexual history and physical appearance inadmissible in court – in the 1970s. Michigan was the first state to pass a statute in 1974, with most states passing their own by the early 1980s.
Awareness about sexual violence had been increasing during the 1970s, thanks to small conscious raising groups and books published by feminist authors like Andrea Dworkin (Woman Hating: A Radical Look at Sexuality, 1974) and Susan Brownmiller (Against Our Will: Men, Women, and Rape, 1975). These books were influential in literary and academic circles, but with the explosion of confessional daytime talk shows on national television in the 1980s, such as Oprah (which debuted in 1986), a much larger swath of the population heard stories from survivors of rape and child sexual abuse further opened the eyes of the public to sexual violence and led to calls for tougher punishment for sexual offenders. Allegations of sexual abuse at the McMartin preschool in Manhattan Beach, California made for scandalous headlines in the 1980s, though all involved were acquitted in 1990.
Also drawing media attention were celebrity accounts of abuse. Former Miss America Marilyn Van Derbur spoke publically about being sexually abused by her father in 1991. That same year, 1960s teen star Sandra Dee spoke of similar victimization from her step father.
In response to the increasing awareness about sexual abuse, social workers, medical professionals, and educators were expected to be on the lookout for tell-tale signs in children they encountered. Dramatic headlines kept sexual abuse in the news: Ellie Nesler famously shot her son’s accused molester in court in 1993, the same year that Polly Klaas was abducted from her bedroom by a stranger, and later found dead, causing national outrage and later prompting the passage of California's Three Strikes law, which mandates life in prison for an individual’s third felony conviction.
Public contempt for those that harm children—especially if the harm is sexual—rose to a fever pitch in the 1990s. Celebrities such as Woody Allen and Michael Jackson were accused of sexual abuse. (Allen was never charged; Jackson was charged in 2003 and later acquitted). Widespread allegations of sexual abuse by priests rocked the Catholic Church. Reports of sexual abuse allegations against teachers, coaches, and others became regular news stories, and from the coverage it seemed that children were under constant sexual threat.
Perhaps because of our increased awareness and concern about sexual violence, rates of rape have declined significantly since 1977. According to the National Crime Victimization Survey, a nationally representative survey conducted annually by the U.S. Department of Justice, respondents in 1977 aged twelve and older were almost three times more likely to have been raped than those who completed the survey in 2008.
Child sexual abuse cases have been declining along with reductions in rape. A study conducted at the Crimes against Children Research Center at the University of New Hampshire found a 50 percent reduction in national sexual abuse rates between 1992 and 2006. While accurate measures of all cases of sexual abuse are impossible, this decline is still important, particularly at a time when awareness about abuse might encourage more reporting.
But concern about sexual violence against children has not subsided. If anything, it has increased. The public is seldom aware of decreases in crime. Add to that fears about new media, like social networking sites on the Internet and anxiety about sexual imagery in pop culture, and concerns about young people and sex only increase.
Polanski would have been better off dealing with his case—and fighting alleged prosecutorial misconduct—in the 1970s. Not only would attitudes about sex and acquaintance rape have been more favorable to him in the 70s, it would have been the right thing to do, given his admission of guilt.





