Article 213 of the American Law Institute’s Model Penal Code

Article 213 of the American Law Institute’s Model Penal Code

Description

Erin Murphy explains the revision of sexual assault law in the American Law Institute’s Model Penal Code, finalized in 2022 after ten years of controversial debates. The chapter begins with an overview of contemporary laws in US jurisdictions, which show substantial diversity. She describes the revision process within the American Law Institute, in which she participated as Associate Reporter along with Stephen Schulhofer as Reporter, and outlines key provisions and distinguishing features of the revised code. Murphy also identifies and explains four innovative provisions, three addressed to vulnerable victims and one to a new defence of permission to use force. The chapter also explores five areas of controversy that arose during the drafting process: the definition of the covered sexual acts, the definition of consent, the applicable mental state, and provisions addressed to sleeping and intoxicated persons.

Source Publication

Sexual Assault: Law Reform in a Comparative Perspective

Source Editors/Authors

Tatjana Hörnle

Publication Date

2023

Article 213 of the American Law Institute’s Model Penal Code

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