Jennifer Morinigo, Stephen J. Schulhofer and Erin E. Murphy | February 20, 2020 | Sexual Assault
The current ALI project Model Penal Code: Sexual Assault and Related Offenses is a re-examination of Article 213 of the Model Penal Code. This post presents Section 213.12 (A-J) of the most recent project draft (Council Draft No. 10, printed on December 13,...
Kenneth W. Simons, Jonathan Cardi, Erin E. Murphy and Jennifer Morinigo | April 26, 2019 | Intentional Torts to Persons
The following entry contains the Scope Note appearing at the beginning of Chapter 2 – Consent, featured in Tentative Draft No. 4 of Restatement of the Law Third, Torts: Intentional Torts to Persons. This draft will be presented to membership at the 2019 Annual Meeting...
Erin E. Murphy and Kenneth W. Simons | March 26, 2019 | Intentional Torts to Persons, Sexual Assault
In this episode of Reasonably Speaking, NYU Law’s Erin Murphy and UC Irvine Law’s Ken Simons explore the difference between criminal law and tort law in the United States and then focus on how “consent” is, and should be, defined in sexual assault allegations.From...
Erin E. Murphy and Stephen J. Schulhofer | May 4, 2017 | Sexual Assault
The present Draft places Forcible Rape (Section 213.1) at two levels for grading purposes. The base offense is graded as a felony of the second degree, with an enhancement to a first-degree felony upon proof of any one of three aggravating circumstances. Section...
Erin E. Murphy and Stephen J. Schulhofer | August 30, 2016 | Sexual Assault
In the above video, Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project and the complexity of defining consent. SHARE Erin E. Murphy Associate Reporter, Model Penal Code: Sexual Assault Erin E. Murphy is a Professor of Law at NYU...
