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 | November 2, 2017 | Sexual Assault, Student Sexual Misconduct
On October 26, co-chairs of the Bipartisan Task Force to End Sexual Violence hosted a hearing-style Task Force Round Table on Promoting Healthy Relationships in K-12 Education and Preventing and Responding to Sexual Violence on College Campuses. The Bipartisan Task...
Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
Stephen J. Schulhofer | October 24, 2017 | Sexual Assault
This piece first appeared in Law & Inequality: A Journal of Theory and Practice. Introduction In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to...
Monica Vendituoli | June 27, 2017 | Sexual Assault
Aaliyah Palmer was at a party when a man pulled her into a bathroom for sex. She was willing. But, she told Fayetteville police, when the sex turned violent, she told the man to stop. He didn’t listen. She thought what happened to her was rape, but she found out that...
Ashe Schow | May 31, 2017 | Sexual Assault
An influential group of law professors has once again declined to recommend that state governments enact policies favoring accusers in sexual assault cases, changes that already have been adopted by many colleges and universities. A proposal that would newly...
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...
