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.
Reporter:
Stephen J. Schulhofer, New York University School of Law
Associate Reporter:
Erin E. Murphy, New York University School of Law
- Tentative Draft No. 3Tentative Draft No. 370 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, #1MPCSATD3EProject 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.
- Tentative Draft No. 2Tentative Draft No. 234 pages, 2016, #1MPCSATD2
FOREWORD XI
REPORTERS’ MEMORANDUM xv
A. SECTION 213.0 DEFINITIONS 1
C. SECTION 213.2 SEXUAL PENETRATION WITHOUT CONSENT 7
APPENDIX – PROPOSED BLACK LETTER OF ARTICLE 213 21
Tentative Draft No. 2 contains Subsection 213.0(3), Definition of Consent, and § 213.2, Sexual Penetration Without Consent. Included with the draft are revisions the Reporters made to the material after the draft was printed. The membership voted in favor of a motion to amend Subsection 213.0(3); some of the proposed amendments were adopted by the Reporters as a friendly amendment. The membership then voted to approve the amended language of 213.0(3). There was insufficient time to discuss § 213.2.
34 pages, 2016, #1MPCSATD2EFOREWORD XI
REPORTERS’ MEMORANDUM xv
A. SECTION 213.0 DEFINITIONS 1
C. SECTION 213.2 SEXUAL PENETRATION WITHOUT CONSENT 7
APPENDIX – PROPOSED BLACK LETTER OF ARTICLE 213 21
Tentative Draft No. 2 contains Subsection 213.0(3), Definition of Consent, and § 213.2, Sexual Penetration Without Consent. Included with the draft are revisions the Reporters made to the material after the draft was printed. The membership voted in favor of a motion to amend Subsection 213.0(3); some of the proposed amendments were adopted by the Reporters as a friendly amendment. The membership then voted to approve the amended language of 213.0(3). There was insufficient time to discuss § 213.2.
- Discussion Draft No. 2Discussion Draft No. 2274 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, #1MPCSADD2EForeword
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. 1Tentative Draft No. 1137 pages, 2014, #1MPCSATD1Softbound | 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 91This 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, #1MPCSATD1ESoftbound | 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 91This 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.