Sexual Assault Posts
ALI’s Sexual Assault project will update the Sexual Offenses provisions in Article 213 of the 1962 Model Penal Code. The project will define and grade offenses based on the act—what a person does—and the person’s culpability or mental state. In order to understand the grading of offenses in the project, one must look at the 1962 Model Penal Code, Section 2.02: General Requirements of Culpability.
On October 26, co-chairs of the Bipartisan Task Force to End Sexual Violence hosted a hearing-style Task Force Round Table on Promoting Healthy Relationships in K-12 Education and Preventing and Responding to Sexual Violence on College Campuses.
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:
In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to discuss rape law from the perspective of someone who has spent the past four years in the messy and frustrating work of legislative compromise, trying to design law reform that can be both progressive and enactable.
Aaliyah Palmer was at a party when a man pulled her into a bathroom for sex. She was willing. But, she told Fayetteville police, when the sex turned violent, she told the man to stop. He didn’t listen
An influential group of law professors has once again declined to recommend that state governments enact policies favoring accusers in sexual assault cases, changes that already have been adopted by many colleges and universities.
The present Draft places Forcible Rape (Section 213.1) at two levels for grading purposes. The base offense is graded as a felony of the second degree, with an enhancement to a first-degree felony upon proof of any one of three aggravating circumstances.
Nonconsensual condom removal during sexual intercourse exposes victims to physical risks of pregnancy and disease and, interviews make clear, is experienced by many as a grave violation of dignity and autonomy.
At its January 2017 meeting, the Council took several actions concerning project drafts.
The Sixth Edition of the Trial Manual for the Defense of Criminal Cases is now available.