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| Acknowledgments | |
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| Background to Rape Reform | |
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| Unintended Consequences | |
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| Extant Models of Reform | |
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| Building from Prior Models | |
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| This Book's Model: Reforming Rape Reforms | |
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| Political Climate and Backlash | |
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| Legal Change Sweeps the Nation | |
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| Overall Change | |
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| Removal of Unique Requirements | |
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| Redefinitions: Violence and Deviate or Criminal Sexual Conduct and Sexual Assault | |
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| Other Legal Changes | |
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| Reforms in Canada, England and Wales, Australia, and New Zealand | |
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| Other Victim-Oriented Developments | |
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| Extralegal Developments | |
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| Summary | |
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| Failures and Successes | |
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| Requirements | |
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| Enhancements in Criminal Justice Processing | |
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| Comparability to Other Crimes | |
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| Redefinitions: Successes and Failures | |
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| Other Legal Provisions | |
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| Successes and Failures in Reform Laws Abroad | |
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| Avenues for and Attitudes About Victims | |
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| Other Avenues for Victims | |
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| Victims' Rights | |
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| Community Registration and Notification | |
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| Extralegal Developments | |
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| Attitudes About Victims | |
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| Failures and Successes: A Recapitulation | |
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| The Legal Landscape | |
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| Patriarchy as Context | |
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| Establishing Elements of Rape: Nonconsent, Force/Coercion, and Intent | |
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| Strict Liability | |
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| The Consent Defense and Early Reform Problems | |
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| The Mistaken Consent Defense: Reform Establishing Negligent Responsibility | |
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| Summary | |
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| Affirmative Consent Reform Models | |
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| New Jersey's Law | |
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| Pineau's "Communicative Sexuality" Innovation: Combining Affirmative Consent and Strict Liability | |
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| Schulhofer's "Sexual Autonomy" Innovation: Beyond Affirmative Consent | |
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| Summary | |
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| Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement | |
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| Recognizing Background Facts | |
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| Consent and Nonconsent: A Continuum | |
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| A Line in the Sand | |
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| Implicit Coercion and Consent | |
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| Semantics: Changing "Consent" to "Voluntariness, Agreement" and "Nonconsent" to "Involuntariness, Nonagreement" | |
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| Semantics: Changing the Defense of Consent to the Defense of Voluntariness, Agreement | |
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| Definition of Voluntariness, Agreement | |
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| Eliminating the Doctrine of Implied Consent: Statutory Specification | |
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| She's Not a Liar: Statutory Specification | |
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| Summary | |
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| Presumptive Nonagreement | |
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| Aggravating Conditions, Force/Coercion, and Nonagreement | |
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| Presumptive Nonagreement | |
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| No Is Enough: She Said (No), He Heard (Yes, OK, Sure, Fine) | |
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| No Means No: Women Mean What They Say and Say What They Mean | |
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| Silence Does Not Mean Consent: Aggravating, Forceful, or Coercive Conditions | |
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| A Reasonable Woman's Point of View for a Change | |
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| Summary | |
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| Mens Rea | |
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| The Role of Mens Rea: Ignored, Used, or Redundant and Unnecessary? | |
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| Negligence | |
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| Estrich and the Logic of Negligent Culpability | |
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| Pitfalls with Negligence | |
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| Borrowing from Homicide: Premeditation, Recklessness, Negligence, and Rape | |
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| Summary | |
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| Applying Recklessness and Negligence | |
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| Voluntariness, Agreement; Presumptive Nonagreement; Reckless/Negligent Mistakes | |
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| A Further Application of Reckless and Negligent Culpability: Taking Advantage of the Redundancy in Proof of Mens Rea in Nonagreement and Force/Coercion | |
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| A Woman's Point of View for a Change | |
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| Due Notice on the Unreasonableness of Mistakes of Nonagreement: No Until Proven Yes | |
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| Summary | |
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| Defenses | |
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| Affirmative Defense: Shifting the Burden of Production | |
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| Shifting the Burden of Proof | |
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| Shifting to "Affirmative Consent" Legal Reform: "She's a Liar" and "I'm a Blunderer" Defenses | |
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| Defenses Unavailable and Due Notice | |
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| A Note on Past Sexual History Evidence and the "Liar" and "Blunderer" Defenses | |
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| Summary | |
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| Sexual Assault Under Duress and Fraud | |
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| Sexual Assault Under Nonviolent Duress | |
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| Sexual Assault by Fraud, Guile, or Deceit | |
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| Criminalization of Sexual Assault by Duress and Fraud: A Reasonable Woman's Point of View | |
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| A Caveat: Making the Changes Tenable | |
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| Summary | |
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| Reforming Rape Reforms: Outline of the Model Array | |
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| Making the Changes: De Jure Law, Rules of Evidence, and Jury Instruction | |
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| Crime Considerations | |
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| Victim Considerations | |
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| Offender Considerations | |
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| Defense Considerations | |
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| Summary | |
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| Discussion of the Model Array | |
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| Crime Considerations | |
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| Victim Considerations | |
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| Offender Considerations | |
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| Defense Considerations | |
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| Case Examples: Application of the Model Array | |
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| Advantages of a Paradigm Shift | |
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| Renewing Efforts | |
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| The Model for Reforming Rape Reforms | |
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| Political Climate and Backlash | |
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| Political Will | |
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| Recommendations Complementing the Model Rape Law | |
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| Victims' Rights | |
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| Police and Prosecutors | |
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| Plea Bargaining | |
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| Jurors | |
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| Judges | |
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| Criminal Justice Training | |
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| Compliance | |
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| Equal Protection? | |
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| A Victim's Attorney: Lessons from Abroad | |
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| Moving Forward: Social Institutions, Structures, and Processes | |
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| Media | |
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| Education | |
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| Conclusions | |
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| Notes | |
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| References | |
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| Index | |