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Full-Text Articles in Law
Reexamining The Consent Definition Under Article 213: Sexual Assault And Related Offenses Of The Model Penal Code And Its Troubling Influence On Affirmative Consent Definition States, Samantha Newman
Georgia Criminal Law Review
In the past decade, and in response to criticism surrounding Article 213 Sexual Assault and Related Offenses of the 1962 Model Penal Code (MPC), the American Law Institute (ALI) sought to re-examine these specific provisions. In doing so, the ALI attempted to incorporate a more modern standard of sexual behavior and consent, without making the model code too punitive. Recently in 2022, the ALI approved revisions to Article 213 MPC, referred to in this Article as the “Revised Code,” including the rejection of an affirmative consent definition. This Article argues that despite the noble intentions of revising an outdated code, …
From Common Law To Affirmative Consent: Reforming Minnesota’S Criminal Sexual Conduct Laws, Nate Summers
From Common Law To Affirmative Consent: Reforming Minnesota’S Criminal Sexual Conduct Laws, Nate Summers
Mitchell Hamline Law Review
No abstract provided.
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Touro Law Review
No abstract provided.
Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, And Other Difficulties Of “Affirmative Consent” In The Ali’S Draft Sexual Assault Provisions, Kevin Cole
San Diego Law Review
The American Law Institute’s draft amendments to the Model Penal Code’s sexual assault provisions address the problem of unwanted sex through the use of proxy crimes. The draft forbids sex undertaken in the absence of certain objective indicia of willingness, or in the presence of certain objective indicia of unwillingness, even though the serious harm of sex with an unwilling partner does not always result from those situations. Proxy crimes are sometimes justified, as is the draft’s requirement that an express “no” be respected in the absence of subsequent words or actions by a partner rescinding the “no.” But proxy …
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein
Akron Law Review
This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty five years, there has been a steady erosion of the due process rights of those accused of rape. I have designated the first stage of “reforms,” which affected the arrest, pretrial, and trial phases of rape prosecutions, as the First Wave of rape reform. The Second Wave are the more recent changes in the law that have focused on measures, such as sexual registry or civil commitment statutes, that …
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell
Akron Law Review
While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik
Akron Law Review
Social change, to be sure, is not necessarily bad. But what if affirmative consent is not biologically or psychologically sound and, for that reason, women do not even desire it? Questioning the idea that increasing women’s power will be desirable even if not founded on the “the truth,” I ask: Can and should women — to say nothing of men — say “no” to affirmative consent? I examine this question in two parts. Part I evaluates the sexual environment today from which affirmative consent has arisen. Part II deals specifically with affirmative consent.
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty
Akron Law Review
Introduction to the Symposium focusing on issues arising from determining when sex is the product of free choice, when it is the result of force, and the legal and philosophical implications arising from those issues. To introduce this Symposium, I first discuss the issues related to the crime of rape, the idea of sexual autonomy, and the concept of affirmative consent to sex. Then, I briefly summarize the symposium authors’ various approaches to these topics.
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
Vanderbilt Law Review
2003 saw the arrest of the star basketball player Kobe Bryant on charges of forcing a woman to have sex with him, charges that were dropped in 2004. This arrest is perhaps the most prominent in what has become a sordid procession of public shame: the charging of professional athletes with crimes of sexual assault. As is common in rape charges, neither party denies that the sex took place. Instead the argument is based on whether the woman consented to it. In the apology Bryant issued that led to the dismissal of the charges, he admits that "[a]lthough I truly …