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.
Jennifer Morinigo | October 29, 2020 | Sexual Assault
Although the 2020 Annual Meeting was cancelled this year, the Reporters produced the fourth Tentative Draft (TD4) of Model Penal Code: Sexual Assault and Related Offenses (MPC:SA) and they are looking forward to receiving written comments. The Draft includes most...
Aya Gruber | October 14, 2020 | Sentencing, Sexual Assault
Aya Gruber of University of Colorado Law School has posted #MeToo and Mass Incarceration (Ohio State Journal of Criminal Law) on SSRN. Here’s the abstract: This Symposium Guest Editor’s Note is an adapted version of the Introduction to The Feminist War on Crime:...
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,...
Jennifer Morinigo | January 28, 2020 | American Indian Law, Children and the Law, Conflict of Laws, Government Ethics, Intentional Torts to Persons, Property, Sexual Assault, Student Sexual Misconduct
At its meeting in Philadelphia on January 16 and 17, 2020, the Council reviewed and discussed Council Drafts of ten projects and approved drafts and portions of drafts as listed below.*American Indian Law: The Council approved Council Draft No. 6, containing all...
Lauren Klosinski | October 22, 2019 | Children and the Law, Compliance, Risk Management, and Enforcement, Policing, Property, Sexual Assault, Student Sexual Misconduct
At its meeting in New York City on October 17 and 18, 2019, the Council reviewed and approved drafts of seven projects.*Children and the Law: The Council approved § 2.22 from Chapter 2, State Intervention for Abuse and Neglect; § 4.10 from Chapter 4, Emancipation of...
Walter Olson | August 13, 2019 | Sexual Assault
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s...
