Download This Paper#MeToo - Implications for Criminal Law
Bergen Journal of Criminal Law and Criminal Justice, Volume 6, Issue 2, 2018, pp. 115-135
21 Pages Posted: 29 Jan 2020
Date Written: February 19, 2018
Abstract
#MeToo became a powerful social movement, and the accusations of sexual misconduct destroyed the careers of many persons. In its first part, the article critically examines #MeToo, concluding that the naming and shaming of individuals in social media is a problematic instrument of social control. The second part analyses changes in criminal laws on sexual offenses, for instance the new German law on sexual assault. The traditional model of sexual assault and rape that emphasizes violence deserves criticism. For contemporary criminal laws, the focus must be on consent and communication. The article discusses the merits and disadvantages of “No means No” and “Only Yes means Yes” as starting points for law reform.
Keywords: #meeto, criminal law, sexual assault
JEL Classification: K14, K42
Suggested Citation: Suggested Citation
Tatjana Hörnle (Contact Author)
Max Planck Institute for the Study of Crime, Security and Law ( email )
Guenterstalstr. 73
Freiburg, 79100
Germany