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.
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....
Pauline Toboulidis | June 9, 2021 | Conflict of Laws, Copyright, Government Ethics, Property, Sexual Assault
The second segment of this year’s virtual Annual Meeting adjourned this week. Below is a summary of the actions taken on June 7 and 8. For a recap on the actions taken during the first segment of the Annual Meeting, held on May 17 and 18, click here. All approvals by...
Erin E. Murphy and Jennifer Morinigo | June 4, 2021 | Sexual Assault
Erin E. Murphy, Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses, answers the following questions: – The mental states and their definitions in the 1962 Model Penal Code have been incorporated into many state codes. What are...
Erin E. Murphy and Jennifer Morinigo | June 3, 2021 | Sexual Assault
Erin E. Murphy, Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses, answers the following questions: – What does the legal landscape currently look like across the states when it comes to grading of the types of offenses we see...
Pauline Toboulidis | May 27, 2021 | Conflict of Laws, Copyright, Government Ethics, Project, Sexual Assault
The ALI virtual Annual Meeting continues on June 7-8. Below is an overview of the projects that will be presented on these days, including links to available videos on several topics. Click here to request copies of the Annual Meeting drafts. Conflict of Laws (Monday,...
Pauline Toboulidis | January 28, 2021 | Compliance and Enforcement for Organizations, Data Economy, Government Ethics, Inside The ALI, Policing, Sexual Assault, Torts: Intentional Torts to Persons
At its meeting on January 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.* Compliance and Enforcement for OrganizationsThe Council approved Council Draft No. 5, which contained Chapter 4 on...
