Sex Crimes and Sexual Miscues: The Need for a Clearer Line between Forcible Rape and Nonconsensual Sex

Abstract

Modern changes to forcible rape statutes have resulted in broad statutes that criminalize widely varying sexual misconduct. Under these statutes, a forcible rapist can range anywhere from a stranger who violently secured sexual intercourse to a person who engaged in what was initially consensual sex, but whose partner withdrew that consent postcoitus. More precise stratification of sex crime statutes is necessary in order to identify clearly the line between rape and nonconsensual sex. As careful consideration of criminal law theory establishes a significant difference between forcible rape and nonconsensual sex, statutes that criminalize these acts should fashion distinct punishments and remedies appropriate to each offense. This Article considers modern rape law reforms and suggests additional modifications to sex crime statutes to provide the necessary distinction to the identification and punishment of forcible rapists and nonconsensual sex offenders.

Keywords: criminal law