Sexual Assault Posts
ALI Council Approves Project Drafts
Pauline ToboulidisAt its January 2017 meeting, the Council took several actions concerning project drafts.
Updated Print Version of the Trial Manual for the Defense of Criminal Cases Now Available
Pauline ToboulidisThe Sixth Edition of the Trial Manual for the Defense of Criminal Cases is now available.
Montana Lawmakers Consider Sexual Assault Bill
Pauline ToboulidisThis week, Montana’s Law and Justice Interim Committee is scheduled to meet and discuss updating Montana’s sexual assault laws, including updating the definition of sexual consent.
Updated “Consent” Definition
Jennifer MorinigoThe Model Penal Code’s definition of “Consent” has been reviewed and approved by ALI’s Council.
Legislative Committee Aims to Revise Sexual Assault, Consent Laws
Abby LynesA Montana state legislative committee is proposing a set of bills in the next legislative session that would revise state laws and sentencing for sexual assault, including a bill that would take away the requirement for victims to show that physical force was used.
Trial Manual for the Defense of Criminal Cases Available
Jennifer MorinigoThe Sixth Edition of the Trial Manual for the Defense of Criminal Cases is now available.
ALI Council Approves Project Drafts
Jennifer MorinigoAt its October 2016 meeting, the Council took the following actions concerning project drafts
The Evolution of the Model Penal Code “Consent” Definition
Jennifer MorinigoThe definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual conduct. It is therefore critical that the concept is accurately defined.
Rape Redefined
Catharine A. MacKinnonRape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault as gender crime reveal domestic law’s failures and illuminate a path forward. A statutory proposal is offered.
Project Reporters on “Consent”
Erin E. Murphy and Stephen J. SchulhoferIn this video, Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project and the complexity of defining consent.