This project is one that has very strongly felt, deeply held beliefs on both sides. It is an issue that has passionate defenders, advocates on behalf of victims, many of whom have gone a long time without the justice system treating their claims as legitimate or hearing them in court. Then, on the other side, there are many voices that are strongly defending what I would call sexual freedom-the ability to make mistakes, to have bad sex, to have regrettable sex, but maybe not criminal sex. Trying to strike the right balance to make sure the code is progressive, that it’s forward-looking, that it’s something that in 50 years people will look back on and think, “That’s a viable code today. We still can work from this code,” is a real priority of ours. At the same time, we don’t want to get too ahead of ourselves. – Erin Murphy, Associate Reporter
This project is re-examining Article 213 (Sexual Offenses) of the 1962 Model Penal Code. Currently, the project can be divided into three parts: main substantive code that would apply to adult and child victims; contact offenses; and evidentiary and procedural recommendations, including on sentencing and collateral consequences.
Reporters
Stephen J. Schulhofer
Reporter, Model Penal Code: Sexual Assault
Stephen J. Schulhofer is the Robert B. McKay Professor of Law at NYU Law. He is one of the nation’s most distinguished scholars of criminal justice and is the author of Unwanted Sex: The Culture of Intimidation and the Failure of Law (Harvard University Press).
Erin E. Murphy
Associate Reporter, Model Penal Code: Sexual Assault
Erin E. Murphy is a Professor of Law at NYU Law. Her research focuses on technology and forensic evidence in the criminal justice system. She is a nationally recognized expert in forensic DNA typing, and her work has been cited multiple times by the Supreme Court.
Jeremy Bauer-Wolf | July 12, 2018 | Sexual Assault, Student Sexual Misconduct
Ohio State University has dissolved its sexual assault unit amid complaints that employees there told survivors they were lying about reports of sexual misconduct and that they suffered from mental illness or were “delusional.” The institution indicated, too, that the...
Lauren Klosinski | July 5, 2018 | American Indian Law, Sexual Assault
From The Intercept: In the mid-2000s, the area surrounding the Fort Berthold Reservation in North Dakota began to undergo a massive transformation after corporations figured out they could access vast wells of oil from the Bakken shale formation using fracking...
Jennifer Morinigo | January 23, 2018 | Consumer Contracts, Government Ethics, International Commercial and Investor-State Arbitration, Liability Insurance, Sexual Assault, Student Sexual Misconduct, Torts: Economic Harm
At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes: Consumer Contracts: The Council discussed § 1, Definitions and Scope, and § 2, Adoption of Standard Contract Terms, of Council Draft No....
Joanna L. Grossman | January 4, 2018 | Sexual Assault
Matt Damon, among other men, is concerned that we are treating all acts of sexual misconduct the same. “I do believe there’s a spectrum of behavior,” he explained to Rolling Stone, in an interview that drew considerable attention. For him, that spectrum extends from...
Taylor Carroll | December 18, 2017 | Sexual Assault
In a recent Associated Press interview, NYU School of Law professor Erin E. Murphy brings attention to the complexity of sex assault laws and the definition of consent. “Half the states don’t even have a definition of consent,” says Professor Murphy. “One person’s...
Stephanie A. Middleton | November 6, 2017 | Sexual Assault
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...
