Lively Discussion of Sexual Assault Project

Members discussed the definition sections. For example, it was mentioned that Podgor-Ellensome of the definitions went beyond conduct covered in the torts project. Many were concerned about the expansion of criminal law, problems of overcriminalization, and the breadth of the proposed provisions. It was also noted that we were starting with the definitions that would have the effect of determining what would be crimes.

Section 213.2 was examined next. Again comments went to overbreadth and overcriminalization. Terms such as consent, force, against will were topics mentioned.

The discussion continued with comments offered from many different perspectives. My take: this will not be an easy project on which to reach consensus. And as noted by one speaker, the MPC had enormous influence and perhaps a more restrained approach may be warranted here.

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