Sexual Assault Posts
The current ALI project Model Penal Code: Sexual Assault and Related Offenses is a re-examination of Article 213 of the Model Penal Code. This post presents Section 213. 12 (A-J) of the most recent project draft (Council Draft No. 10, printed on December 13, 2019).
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s sexual encounter with another student was consensual.
Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways.
In this episode of Reasonably Speaking, NYU Law’s Erin Murphy and UC Irvine Law’s Ken Simons explore the difference between criminal law and tort law in the United States and then focus on how “consent” is, and should be, defined in sexual assault allegations.
At its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
Chief Justice John Roberts released his annual report on the federal judiciary today, focusing on the judiciary’s response to allegations of sexual misconduct in the workplace. Roberts had discussed this issue in his 2017 report, after several female law clerks accused Judge Alex Kozinski – then a prominent judge on the U.S. Court of Appeals for the 9th Circuit – of inappropriate sexual conduct.
A piece for the Washington Post explores the new rules being prepared by Education Secretary Betsy DeVos that the Education Department plans to formally propose in September. These new rules will include procedural changes that will strengthen protections for students accused of sexual assault and subsequently lighten the burden placed on schools and universities.
“What the #Metoo Campaign Teaches About Stop and Frisk” applies feminist tools to investigate current policing methods. Feminist tools exposed sexual harassment by listening to the stories of those affected, by a nuanced understanding of power dynamics, and by recognizing that consent is impossible within certain unequal relationships.