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October 26, 2010

Clarification on plans/goals for rape unit and reform role-play

Much to my pleasure, I have heard a number of folks expressing interest in our rape law reform role play, and here I want to provide a little clarification for how we will approach this topic and the role play:

1.  For this Thursday's class, I will provide some common-law background on the history of rape law and modern statutory reforms.  We will conclude with a survey on what we think should comprise the actus reus of the crime of rape.

2.  For this Friday's class, I will report the results of the survey on what we think should comprise the actus reus of the crime of rape.  We will then discuss what we think ought to be the mens rea of rape.

3.  For next Tuesday's class, we will have a legislative session in Oliwood with the goal of enacting a reformed rape provision to improve on the now dated terms of MPC § 213.1 (Rape and Related Offenses).  Given our limited legislative time, our goal is to pass by majority class vote a (simple?) new Oliwood Revised Code § 213.1 provision, which should defines the elements of the worst kind (and only the worst kind) of sexual offense(s) in Oliwood.

To participate effectively, everyone must read pp. 863-871 in our text and be familiar with ORC § 2907.  In addition, it is recommend (but not required) that folks check out other sections of the Rape chapter in the text and this Ohio Journal of Criminal Law article (which is titled "Why the Model Penal Code’s Sexual Offense Provisions Should Be Pulled and ReplacedWhy the Model Penal Code’s Sexual Offense Provisions Should Be Pulled and Replaced").

Those folks volunteering for "role play" credit this time around can/should form committees in order to draft a new Oliwood Revised Code  § 213.1 provision to define the crime of Rape for Oliwood.  Perhaps aided by the provisions of ORC § 2907.2 (Rape), the new Oliwood Rape provision should cover only those offenses that should qualify as a felony of the first degree and thus be eligible for a maximum sentence of life imprisonment under the terms of MPC § 6.06(1).

The rape reform drafts developed by the committee(s) will be the basis for discussion during our Tuesday legislative session.

October 26, 2010 in Course materials and schedule | Permalink

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http://en.wikipedia.org/wiki/Rod_Jetton <--- check out the 2009 Arrest
http://www.huffingtonpost.com/2009/12/08/rod-jetton-former-missour_n_383817.html

This case is strikingly similar to the last example on the "is it rape?" survey. This guy was a client of the political consulting and fundraising firm that I worked for. This guy is no longer a client of the firm - for obvious reasons...

Posted by: Sara Smith | Oct 29, 2010 1:42:38 PM

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