LAW 2527 - Sex Crimes Seminar
The course is advanced in two distinct ways. First, it provides an opportunity to the students to deconstruct sex crimes in depth, specifically rape and sexual assault. In analyzing the basic elements of those crimes, students can appreciate complex issues unique to those offenses that are not fully addressed in a basic criminal law course. Second, the seminar is innovative. It blends those substantive issues with the criminal procedural and evidentiary issues that arise in the context of those crimes.
The interplay between the “mens rea” and “actus reus” of sexual offenses creates conceptual difficulties that require in depth examination. The question as to whether jurisdictions have eliminated the traditional “intent” factual requisites make the issue all the more provocative. For example, definitions of forcible compulsion and consent, as well as the level of intent needed to prove the crime, will be explored. There also will be discussion of the availability of traditional affirmative defenses such as mistake of fact, a defense that has been inconsistently considered in sex crimes. The actus reus component also has been construed outside of the traditional criminal law jurisprudence. Traditional notions of those basic elements will be tested when discussing controversial topics of on-campus sexual assault, and statutory rape. All those issues will form the basis of the first part of the semester’s work.
The focus of the seminar then transitions to proving those elements at trial. The discussion will go beyond testimony of direct evidence. The student will learn about issues of admissibility of evidence of a victim’s past sexual history and that of a defendant’s uncharged sexual crimes. That exploration is viewed within the context of a balance of a defendant’s Sixth Amendment rights to a fair trial and to confront witnesses with relevant evidence, issues that especially are pertinent in light of recent sexual predator assault statutes. Post trial issues, specifically, the constitutionality of state and federal sex offender registries also will be examined.
The final portion of the semester will be devoted to student presentations. The students will work on a research and writing project throughout the semester and will conduct a class session on the project.
Prerequisites & Notes
None.
Credits: 2
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