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Criminal Law

Katharine K. Baker

Women

Articles 1 - 9 of 9

Full-Text Articles in Law

Why Rape Should Not (Always) Be A Crime, Katharine K. Baker Dec 2014

Why Rape Should Not (Always) Be A Crime, Katharine K. Baker

Katharine K. Baker

The Article proceeds as follows. Part I explores the primary legal frameworks for understanding rape law over time. It traces the origins of rape as a sometimes civil, sometimes criminal, wrong—through the patriarchal view of rape as a property crime, to the feminist (and liberal) remake of rape into an individual criminal injury to autonomy. It then briefly discusses recent rejections of the liberal/feminist position. Parts II–IV explore the three major impediments to effective norm change in more detail. Part V, after explaining why the recent proposed revisions to the Model Penal Code are not likely to overcome the problems …

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Gender And Emotion In Criminal Law, Katharine K. Baker Feb 2005

Gender And Emotion In Criminal Law, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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A Separate Crime Of Reckless Sex, Katharine K. Baker Feb 2005

A Separate Crime Of Reckless Sex, Katharine K. Baker

Katharine K. Baker

This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …

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Asking What Before We Ask Why: Taxonomy, Etiology And Rape, Katharine K. Baker Jan 2003

Asking What Before We Ask Why: Taxonomy, Etiology And Rape, Katharine K. Baker

Katharine K. Baker

This article presents a spectrum of sexual coersion. By looking at the social meaning of the different acts of coercion along the spectrum, the author suggests that most acts of sexual coercion can be classified as either rape (a sexual act with intent to do harm to the victim) or sex (a sexual act engaged in without any intent to harm the victim). Ironically, though, the author suggests that the most and least egregious acts of sexual aggression, that is, the acts we most readily identify as rape and the acts we are most reluctant to label rape are the …

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Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Sex, Rape And Shame, Katharine K. Baker Jan 1999

Sex, Rape And Shame, Katharine K. Baker

Katharine K. Baker

This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …

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A Wigmorian Defense Of Feminist Methods, Katharine K. Baker Feb 1997

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

Katharine K. Baker

No abstract provided.

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Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

Katharine K. Baker

Feminist scholars and activists have long sought to reform rape laws and evidence rules in order to increase the number of successful rape prosecutions in the United States. In partial response to these efforts, and in an effort to decrease crime, the 104th Congress amended the Federal Rules of Evidence by adding Rule 413, which makes prior acts of sexual assault by alleged rapists admissible in criminal sexual assault cases. The new Rule 413 was meant to level the legal playing field between rapists and their accusers. Professor Baker argues that the new Rule is misguided because it fails to …

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