From Silence to Scrutiny: What the Law Reveals During Sexual Assault Awareness Month

Every April, Sexual Assault Awareness Month pushes conversations about consent, power, and justice into the public eye. But behind the awareness campaigns and advocacy work lies a deeper question: how has the law treated survivors? And what does that tell us about the system we rely on for accountability?

If we want to understand how far we've come, and how far we still need to go, two cases offer a powerful lens: Oregon v. Rideout in 1978 and the recent conviction of R. Kelly.

The Rideout Case: When the Law Refused to Listen

In 1978, John Rideout stood trial in Oregon for raping his wife while they were still living together. At the time, most states didn’t even recognize marital rape as a crime. Consent, once given at the altar, was assumed permanent. While Rideout was ultimately acquitted, the case forced the legal community to reckon with how narrowly the law had defined sexual violence.

In the years that followed, all 50 states would go on to criminalize marital rape, many after intense public pressure. But Rideout’s trial wasn’t just a legal turning point. It was a cultural one. It revealed that survivors weren’t being silenced because of a lack of evidence, they were being silenced by the law itself.

Decades later, Rideout was again in the spotlight. In 2017, he was convicted of first-degree rape and first-degree sodomy involving two women he met after returning to Oregon. However, due to a non-unanimous jury verdict on the sodomy charge, he was granted a retrial. In 2022, a jury unanimously found him guilty, and he was sentenced to 25 years in prison. During sentencing, the judge noted Rideout’s pattern of targeting and harming women dating back to 1978. One of the survivors, Sheila Moxley, addressed Rideout directly, stating, “You are still a sexual predator, a rapist, a monster. That’ll never change. I am no longer a victim; I am a survivor.”

R. Kelly: A Different Kind of Silence

Another case showed just how deep that silence can run. For years, R. Kelly was shielded by money, fame, and an industry unwilling to confront the harm he caused. Survivors spoke out. Some filed reports. Many were ignored.

That changed in 2021, when Kelly was convicted on federal charges of sex trafficking and racketeering. He was sentenced to 30 years in prison, a sentence upheld in 2024 despite his appeal.

Unlike Rideout, Kelly’s trial happened in a world that had changed. The law had more tools. Survivors had more support. But the fact that it took that long, and that level of visibility, for justice to be served says everything about how power still distorts accountability.

How the Law Has Changed and Where It’s Stuck

Legally, we’ve made real progress. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act makes sure survivors can take their claims to court instead of being pushed into silence through arbitration. The Speak Out Act limits the use of nondisclosure agreements in sexual misconduct cases. And laws like New York’s Adult Survivors Act have given victims a rare second chance to be heard in civil court, even if their cases are decades old.

In New Jersey, reforms have mirrored this push for broader access to justice. In 2019, the state extended its civil statute of limitations for sexual assault, allowing survivors to file lawsuits up to age 55 or within seven years of discovering the abuse, whichever is later (N.J. Rev. Stat. § 2A:14-2a). This shift reflects a growing understanding of how trauma and shame often delay a survivor’s ability to come forward.

But these wins didn’t come from nowhere. They came from years of activism. From survivors refusing to stay quiet. And from a public slowly coming to terms with just how much damage can happen when the law is written, enforced, or interpreted without survivors in mind.

Even now, the road isn’t easy. Statutes of limitations still block many from filing. Conviction rates remain low. Rape kits remain untested. And courts aren’t always built for the emotional weight these cases carry.

What SAAM Demands of the Legal Profession

For lawyers, SAAM is more than a moment of awareness. It’s a reminder that the law doesn’t automatically serve justice. It has to be pushed. Challenged. Rewritten when necessary. Every survivor deserves a system that listens the first time. That doesn’t ask what they wore. That doesn’t flinch when the accused holds power.

Legal professionals, whether we’re in courtrooms, firms, agencies, or classrooms, have a responsibility during this month, and every month, to keep asking: are we doing enough? Are we using our positions to shift the culture, not just follow it?

Conclusion

From the Rideout case to the R. Kelly conviction, the legal system has slowly started to confront what it once ignored. But justice delayed is still justice at risk. This Sexual Assault Awareness Month, the question isn’t just what the law says, it’s whether we’re bold enough to keep changing it when it fails the people who need it most.

Eghosasere Idemudia is a first-generation attorney and an associate here at Hoagland Longo Moran Dunst and Doukas. He focuses on general liability and automobile liability litigation. He brings a client-centered approach to complex civil defense matters and is an active member of the firm’s Diversity, Equity, & Inclusion Committee.