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Reforming Rape Law After #MeToo: Does the ALI's New Sexual Assault Statute Get it Right? (2023) Credits : 1.0 G |
The Model Penal Code's approach to sexual assault was outdated from the moment it was codified in 1962, preceding the wave of feminist-led rape reforms that swept statehouses in the two following decades. Post-#MeToo, greater consciousness about over-criminalization (especially impacting men of color), and awareness of the limits of the criminal punishment system to help victims and reform deeply rooted norms, we are at another inflection point. This workshop asks whether the new sexual assault provisions--finalized in September 2022--get it right. The revised approach introduces a definition of consent, attempts to untangle consent from the force element, and more carefully aligns with the MPC's influential culpability (mens rea) provisions. Will states emulate the MPC? Should they?
Speaker: Prof. Laura E. Gomez, UNM School of Law