Sexual Assault and Related Offenses

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Status Details

In January 2018, the Council discussed Council Draft No. 7 and the Reporters’ revisions to Sections 213.0 and 213.1 posted prior to the meeting. The Council approved Sections 213.1, 213.2, 213.3(1)(b)-(d) and (2), and 213.9, subject to the discussion at the meeting and the usual editorial prerogative. As planned, no vote was taken on the remaining Sections in the draft (213.0(4), 213.0(6), 213.3(1)(a), 213.6, and 213.8).

Because the material is interrelated, no drafts will be submitted at an Annual Meeting until 2020, when all portions of the project have been drafted.

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At the 2017 Annual Meeting, the definitions of “Sexual Penetration” and “Oral Sex” were discussed and approved as presented in the draft after a motion on each definition was presented from the floor and did not pass. There was discussion on 213.1, but there was not enough time for all motions on this section to be considered. The following are details of the actions taken at the 2017 Annual Meeting:

• A motion to add “purposeful” to Section 213.0(1) failed.
• A motion to replace “touching” in Section 213.0(2) failed.
• A motion to move the mens rea from the end to the beginning of Section 213.1(1) was accepted by the Reporters as a friendly amendment.
• A written motion regarding Section 213.1 was made into two motions from the floor: (i) a motion to remove “recklessly” from Section 213.1(1) passed; and (ii) a motion to add the phrase “without the consent of the other person” to Section 213.1(1) was not reached due to lack of time.
• As previously announced, the meeting had to stop at 5:15 p.m. for Annual Dinner set-up, before discussion of the second motion regarding Section 213.1, or discussion of Section 213.1 generally, was complete.
• A Boskey motion to approve Sections 213.0(1) and 213.0(2) passed. 
• Section 213.1 will be reviewed at future meetings.  

Note: The summary above, which was initially posted immediately following the Annual Meeting, was corrected after staff received and reviewed the transcript of the proceedings.

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For an in-depth description of this project, please visit the Model Penal Code: Sexual Assault page of the The ALI Adviser.

Project Video

Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project in this short video: