Sexual Assault and Related Offenses Image
Model Penal Code:

Sexual Assault and Related Offenses

This work re-examines Article 213 of the Model Penal Code, which addresses sexual offenses. Now over fifty years since its adoption, the Article is no longer a reliable guide for legislatures and courts. The project covers both substantive and evidentiary matters, as well as the collateral consequences of conviction.  

 

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  • Tentative Draft No. 4
    378 pages, 2020, #1MPCSATD4E

    Project Status at a Glance  

    Drafts That Were Scheduled for Submission at the 2020 Annual

    PART I

    Grading: General Considerations

     

    PART II

    Section 213.0. General Principles of Liability; Definitions

    Section 213.1. Sexual Assault by Aggravated Physical Force or

                Restraint

    Section 213.2. Sexual Assault by Physical Force or Restraint

    Section 213.3. Sexual Assault of a Person Who is Incapacitated

                 Vulnerable, or Legally Restricted

    Section 213.4. Sexual Assault by Extortion

    Section 213.5. Sexual Assault by Prohibited Deception

    Section 213.6. Sexual Assault in the Absence of Consent

    Section 213.7. Offensive Sexual Contact

    Section 213.9. Sex Trafficking

    Section 213.10. Affirmative Defense ofExplicit Prior Permission

     

    Appendix A - Pertinent 1962 Code Provisions

    Appendix B – Proposed Black Letter of Article 213

    Tentative Draft No. 4 includes Sections 213.0-213.7, 213.9, and 213.10, as well as material on Grading: General Considerations. This draft was prepared for consideration at the 2020 Annual Meeting, which was cancelled. The draft has not been considered by the membership of ALI and therefore does not represent the position of the Institute on any of the issues with which it deals. The draft may be revised or supplemented prior to consideration by the membership in 2021.

  • Tentative Draft No. 3
    Tentative Draft No. 3
    70 pages, 2017, #1MPCSATD3

    Project Status at a Glance  xi

    Foreword  xiii

    Reporters’ Memorandum  xvii

    A. Section 213.0 Definitions  1

    B. Section 213.1 Forcible Rape  13

    C. Section 213.4. Sexual Penetration or Oral Sex Without Consent  28

    Appendix A – Proposed Black Letter of Tentative Draft No. 3  49

    Appendix B – Other Relevant Black-Letter Text  51

    Tentative Draft No. 3 contains § 213.0, Definitions, (1) “Sexual penetration” and (2) “Oral sex;” § 213.1, Forcible Rape; and § 213.4, Sexual Penetration or Oral Sex Without Consent. At the 201 Annual Meeting, the membership approved § 213.0 (1)-(2) subject to the discussion at the Meeting and the usual editorial prerogative. A motion to remove “recklessly” from § 213.1 passed, but there was not enough time to finish discussion of that or other Sections. These Sections will be reviewed at future meetings.

    70 pages, 2017, #1MPCSATD3E

    Project Status at a Glance  xi

    Foreword  xiii

    Reporters’ Memorandum  xvii

    A. Section 213.0 Definitions  1

    B. Section 213.1 Forcible Rape  13

    C. Section 213.4. Sexual Penetration or Oral Sex Without Consent  28

    Appendix A – Proposed Black Letter of Tentative Draft No. 3  49

    Appendix B – Other Relevant Black-Letter Text  51

    Tentative Draft No. 3 contains § 213.0, Definitions, (1) “Sexual penetration” and (2) “Oral sex;” § 213.1, Forcible Rape; and § 213.4, Sexual Penetration or Oral Sex Without Consent. At the 201 Annual Meeting, the membership approved § 213.0 (1)-(2) subject to the discussion at the Meeting and the usual editorial prerogative. A motion to remove “recklessly” from § 213.1 passed, but there was not enough time to finish discussion of that or other Sections. These Sections will be reviewed at future meetings.

  • Discussion Draft No. 2
    Discussion Draft No. 2
    274 pages, 2015, #1MPCSADD2

    Foreword

    Reporters’ Memorandum

    Substantive Material

    Proposed Sections 213.0 To 213.11

    General Commentary

    Introductory Note

    Background and Accomplishments Of The 1962 Code

    Social and Legal Developments Since 1962

    Victimization and Criminal-Justice Responses Today

    Decision to Strike The 1962 Text Of Article 213

    The Organization of Article 213

    Statutory Commentary

    Section 213.0 Definitions

    Section 213.1 Forcible Rape

    Section 213.2 Sexual Penetration Against The Will or Without Consent

    Section 213.3 Rape Or Sexual Penetration of a Vulnerable Person

    Section 213.4 Sexual Penetration By Coercion or Exploitation

    Section 213.5 Sexual Penetration Offenses Against Children

    Section 213.6 Criminal Sexual Contact

    Section 213.7 Criminal Sexual Contact With a Child

    Section 213.8 Commercial Sex Acts

    Section 213.9 Sexual Offenses Involving Intimate Partners

    Mens Rea for Sections 213.1 To 213.8

     

    Evidentiary Material

     

    Proposed Section 213.10

    Commentary

    Contemporary Concerns Relating to Procedure and Evidence

    Recommendations To Strike The Current Procedural Provisions

    Section 213.10 Of The Revised Code: Procedural And Evidentiary Principles Applicable To Article 213

    This draft covers Substantive Material – I. Proposed Sections 213.0 to 213.11; II. General Commentary, III. Statutory Commentary (Sections 213.0 to 213.9): Evidentiary Material - I. Proposed Section 213.10; II. Commentary. It was submitted, for discussion only, at the 2015 Annual Meeting. As planned, no vote was taken.

    274 pages, 2015, #1MPCSADD2E

    Foreword

    Reporters’ Memorandum

    Substantive Material

    Proposed Sections 213.0 To 213.11

    General Commentary

    Introductory Note

    Background and Accomplishments Of The 1962 Code

    Social and Legal Developments Since 1962

    Victimization and Criminal-Justice Responses Today

    Decision to Strike The 1962 Text Of Article 213

    The Organization of Article 213

    Statutory Commentary

    Section 213.0 Definitions

    Section 213.1 Forcible Rape

    Section 213.2 Sexual Penetration Against The Will or Without Consent

    Section 213.3 Rape Or Sexual Penetration of a Vulnerable Person

    Section 213.4 Sexual Penetration By Coercion or Exploitation

    Section 213.5 Sexual Penetration Offenses Against Children

    Section 213.6 Criminal Sexual Contact

    Section 213.7 Criminal Sexual Contact With a Child

    Section 213.8 Commercial Sex Acts

    Section 213.9 Sexual Offenses Involving Intimate Partners

    Mens Rea for Sections 213.1 To 213.8

     

    Evidentiary Material

     

    Proposed Section 213.10

    Commentary

    Contemporary Concerns Relating to Procedure and Evidence

    Recommendations To Strike The Current Procedural Provisions

    Section 213.10 Of The Revised Code: Procedural And Evidentiary Principles Applicable To Article 213

    This draft covers Substantive Material – I. Proposed Sections 213.0 to 213.11; II. General Commentary, III. Statutory Commentary (Sections 213.0 to 213.9): Evidentiary Material - I. Proposed Section 213.10; II. Commentary. It was submitted, for discussion only, at the 2015 Annual Meeting. As planned, no vote was taken.

  • Tentative Draft No. 1 Image
    Tentative Draft No. 1
    Tentative Draft No. 1
    137 pages, 2014, #1MPCSATD1

    Softbound  | 1MPCSATD1  | 2014  | 137 pages  | $30.00 

    Foreword
    Reporters’ Memorandum 

    Substantive Material
    I. Proposed Sections 213.0 to 213.7
    II. General Commentary
    A. Introductory Note
    B. Background and Accomplishments of the 1962 Code
    C. Social and Legal Developments Since 1962
    D. Victimization and Criminal-Justice Responses Today
    E. Decision to Strike the 1962 Text of Article 213
    F. The Organization of Article 213

    III. Statutory Commentary
    A. Section 213.0 Definitions
    B. Section 213.1 Rape and Related Offenses
    C. Section 213.2 Sexual Intercourse by Coercion or Imposition
    D. Section 213.3 Sexual Intercourse by Exploitation
    E. Section 213.4 Sexual Intercourse Without Consent
    F. Section 213.5 Criminal Sexual Contact [Reserved]
    G. Section 213.6 Sexual Offenses Involving Spouses and Other
    Intimate Partners [Reserved]
    H. Mens Rea for Sections 213.1 to 213.6

    Evidentiary Material
    I. Proposed Section 213.7
    II. Commentary 84
    A. Contemporary Concerns Relating to Procedure and Evidence 84
    B. Recommendations to Strike the Current Procedural Provisions 85
    C. Section 213.7 – Procedural and Evidentiary Principles Applicable
    to Article 213 91

    This draft was discussed by the membership at the 2014 Annual Meeting. As time ran out before the discussion could be concluded, no vote was taken to approve this draft.

    137 pages, 2014, #1MPCSATD1E

    Softbound  | 1MPCSATD1  | 2014  | 137 pages  | $30.00 

    Foreword
    Reporters’ Memorandum 

    Substantive Material
    I. Proposed Sections 213.0 to 213.7
    II. General Commentary
    A. Introductory Note
    B. Background and Accomplishments of the 1962 Code
    C. Social and Legal Developments Since 1962
    D. Victimization and Criminal-Justice Responses Today
    E. Decision to Strike the 1962 Text of Article 213
    F. The Organization of Article 213

    III. Statutory Commentary
    A. Section 213.0 Definitions
    B. Section 213.1 Rape and Related Offenses
    C. Section 213.2 Sexual Intercourse by Coercion or Imposition
    D. Section 213.3 Sexual Intercourse by Exploitation
    E. Section 213.4 Sexual Intercourse Without Consent
    F. Section 213.5 Criminal Sexual Contact [Reserved]
    G. Section 213.6 Sexual Offenses Involving Spouses and Other
    Intimate Partners [Reserved]
    H. Mens Rea for Sections 213.1 to 213.6

    Evidentiary Material
    I. Proposed Section 213.7
    II. Commentary 84
    A. Contemporary Concerns Relating to Procedure and Evidence 84
    B. Recommendations to Strike the Current Procedural Provisions 85
    C. Section 213.7 – Procedural and Evidentiary Principles Applicable
    to Article 213 91

    This draft was discussed by the membership at the 2014 Annual Meeting. As time ran out before the discussion could be concluded, no vote was taken to approve this draft.