"Constitutional Terrorism": How the U.S. Constitution Enables Crimes Against Women

The law says “equal protection,” but Wendy Murphy argues the U.S. legal system still keeps women on the outside of that promise and the proof is in how gender-based violence gets handled. From rape statutes that require force to charging practices that slow-walk sexual assault complaints, we trace how constitutional doctrine, policing discretion, and courtroom culture combine to under-protect women and girls and to re-victimize survivors who try to seek justice. 

Wendy, an attorney and former child abuse and sex crimes prosecutor, breaks down the difference between equity and equality in plain language: equality is the constitutional floor that controls how government must treat people, while equity is impossible to achieve on top of a broken baseline. She explains how the legacy of coverture and the Supreme Court’s approach after Reed v. Reed produced what she calls “unequal equal rights,” leaving room for laws to be enforced differently and worse when the victim is female. We also dig into stark examples: rape laws that treat bodily autonomy as less protected than property, hate crime statutes that often exclude sex, and evidence rules and courtroom orders that burden victims in ways other crime victims never face. 

From there we shift to what can actually change. Wendy walks us through the Equal Rights Amendment’s long fight, why litigation still matters, and why education is a missing catalyst for constitutional reform. We also talk about Title IX enforcement in schools and why treating sex-based civil rights as second-class shapes girls’ expectations of safety for life. If you care about criminal justice reform, victims’ rights, constitutional law, or ending violence against women, this conversation gives you a clearer map of the problem and a strategy for action. 

Check out Wendy's related article, "Unequal Protection of the Laws for Women is Constitutional
Terrorism, So How Come Nobody Knows About It?": https://digitalcommons.onu.edu/cgi/viewcontent.cgi?article=1357&context=onu_law_review