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.
Pauline Toboulidis | June 1, 2022 | Children and the Law, Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Torts: Remedies, Uniform Commercial Code
Last month, ALI membership met at the 2022 Annual Meeting to discuss and vote on 12 ALI project drafts. Below is a list of the projects by date presented to the ALI membership for discussion at the Meeting. Learn more about the actions taken at the Meeting here. All...
Stephen J. Schulhofer | May 4, 2022 | Sexual Assault
Below is the Reporter’s Memorandum from Tentative Draft No. 6 of Model Penal Code: Sexual Assault and Related Offenses. Model Penal Code: Sexual Assault and Related Offenses Tentative Draft No. 6 Stephen J. Schulhofer, Reporter April 15, 2022 REPORTER’S...
Jennifer Morinigo | March 4, 2022 | Inside The ALI, Policing, Sexual Assault, Torts: Miscellaneous Provisions
At its meeting on March 2, 2022, the ALI Council considered drafts and revisions for three projects as listed below.* PolicingThe Council approved the following material: §§ 9.01 and 9.06 of Chapter 9, Forensic-Evidence Gathering, Chapter 12, Informants and Undercover...
Jennifer Morinigo | February 4, 2022 | Sexual Assault
Slate has published an article on proposed changes to provisions in the Model Penal Code: Sexual Assault and Related Offenses project on the topic of juvenile registration. Read the article here. For the most up-to-date information on ALI projects, please...
Pauline Toboulidis | January 25, 2022 | Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Uniform Commercial Code
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects and approved drafts and portions of drafts as listed below.* Conflict of LawsThe Council approved the following material in Council Draft No. 6: §§...
Erin E. Murphy and Jennifer Morinigo | June 22, 2021 | Sexual Assault
At the June session of ALI’s 2021 virtual Annual Meeting, membership was presented with Tentative Draft No. 5 of Model Penal Code: Sexual Assault and Related Offenses. The project session spanned two days of the Annual Meeting (June 7 and 8). Reporter Stephen J....