Document Type
Article
Publication Title
Law & Inequality: A Journal of Theory and Practice
Abstract
In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to discuss rape law from the perspective of someone who has spent the past four years in the messy and frustrating work of legislative compromise, trying to design law reform that can be both progressive and enactable. There is an obvious contradiction in that regard. The goal is to pass reforms that move society and our criminal justice system in a progressive direction, to the place where society ought to be. But that means, by definition, getting broad agreement on principles about which people do not agree—at least not yet.
First Page
335
Volume
35
Publication Date
2017
Recommended Citation
Stephen J. Schulhofer,
Reforming the Law of Rape,
35
Law & Inequality: A Journal of Theory and Practice
335
(2017).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1021
