Jennifer Morinigo | September 6, 2016 | Sexual Assault
The definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual...
Catharine A. MacKinnon | September 3, 2016 | Sexual Assault
This piece first appeared in the Harvard Law & Policy Review. Rape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault...
Kevin Reitz | September 2, 2016 | Sentencing
Kevin Reitz discusses the Model Penal Code: Sentencing project and how it tackles the problem of correctional overcrowding, not just in prisons, but in all criminal sanctions. “The current draft gives states the option of creating mechanisms that are in place to deal...
Jennifer Morinigo | August 26, 2016 | Sexual Assault
An article in Reveal, a publication by The Center for Investigative Reporting, asserts that Mississippi and California sexual assault laws lag behind the other 48 states. The article states that the ALI Model Penal Code: Sexual Assault and Related Offenses project may...
Pauline Toboulidis | August 24, 2016 | Sexual Assault
Published in June 2016, an op-ed piece featured in The New York Times highlights ALI’s continuing work on the Model Penal Code: Sexual Assault and Related Offenses project, specifically, its preliminary proposal to allow intoxication to lessen culpability. This...