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Full-Text Articles in Law
Studying Medical Error In Situ: Implications For Malpractice Law And Policy, Lori B. Andrews
Studying Medical Error In Situ: Implications For Malpractice Law And Policy, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
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 …