Where We Have Been and Where We Might Be Going: Some Cautionary Reflections on Rape Law Reform

Abstract:     
This piece, prepared in conjunction with the author's participation as the 68th Cleveland-Marshall Fund Visiting Scholar at Cleveland-Marshall College of Law, reflects on many salutary reforms of rape law in the past decade, but also expresses concern that the alliance between (or, at least, parallel efforts of) political conservatives and some feminists to bring about further rape law changes may result in the law following some regrettable paths. The author recommends further reform in certain areas (e.g., fraudulently induced sexual relations), but is concerned with changes that may be underway in the definition of forcible rape, and in the decreased role of mens rea in acquaintance rape prosecutions in some jurisdictions.

Accepted Paper Series