The Trouble with Teaching Rape Law

See - The Trouble with Teaching Rape Law





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When I teach rape law, I don’t dwell on cases in which everyone will agree that the defendant is guilty. Instead, I focus on cases that test the limits of the rules, and that fall near the rapidly shifting line separating criminal conduct from legal sex. These cases involve people who previously knew each other and who perhaps even previously had sex. They cover situations in which the meaning of each party’s actions, signals, and desires may have been ambiguous to the other, or misapprehended by one or both sides. We ask questions like: How should consent or non-consent be communicated? Should it matter whether the accused realized that the complainant felt coerced? What information about the accused and the complainant is relevant to whether or not they should be believed? How does social inequality inform how we evaluate whether a particular incident was a crime? I often assign students roles in which they have to argue a side—defense or prosecution—with which they might disagree.



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