LAW 642 - Law & Sexual Violence Seminar

This seminar examines the criminal law’s response to sexual violence in three major contexts: rape and sexual assault generally; sexual violence in the family; and sexual attacks on children. In each of these legal contexts we will read, discuss, and analyze various theoretical approaches to the issues, emphasizing the contributions made by feminist theory to criticism and reform in the law governing sexual violence. We will then apply the theoretical literature to actual case law and doctrine in both the civilian and the military contexts. One goal will be to answer core questions about the nature of sexual violence and the possible solutions to it. For example, can we coherently speak of sexual violence as one thing, as one social problem/pathology which is best analyzed using a single theoretical approach (and if so, which theoretical approach would be best?). Or does sexual violence have such different causes, and produce such differing effects across the legal spectrum, that we should view it as several quite distinct problems which are best analyzed from a context-drive, as opposed to universal point of view (and if so, what context(s) matter and what approaches would best be applied in each relevant context?). This will be a two-credit seminar which will meet once weekly. Major components of the course grade will be preparation, attendance, class participation, and a class presentation by each student. The course materials will be distributed via coursepak and Blackboard, and will be drawn from cases, statutes, empirical and theoretical literature in psychology, and legal theory.