Sexual Assault Posts
The 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 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.
In this video, Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project and the complexity of defining consent.
An article in Reveal, a publication by The Center for Investigative Reporting, asserts that Mississippi and California sexual assault laws lag behind the other 48 states. The article states that the ALI Model Penal Code: Sexual Assault and Related Offenses project may help solve this issue.
Published in June 2016, an op-ed piece featured in The New York Times highlights ALI’s continuing work on the Model Penal Code: Sexual Assault and Related Offenses project, specifically, its preliminary proposal to allow intoxication to lessen culpability. This article comes in the wake of the recent California sexual assault case against former Stanford University student, Brock Turner.