Tag Archives: Sexual Assault

The Bill Cosby Re-trial: What a Difference a Year Makes

Marci A. Hamilton, the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania, explains why Bill Cosby’s retrial for the sexual assault of Andrea Constand will likely go differently from the first one, which ended in a mistrial. Hamilton describes the changes in public awareness and understanding of sexual assault over the past year, as well as some procedural differences between the first trial and the retrial.

What Miranda Can Teach Us About Sexual Consent

Cornell University law professor Sherry F. Colb compares the requirement that police officers advise suspects in custody of their Miranda rights with the proposal that we as a society adopt a "Yes means yes" requirement for sexual consent. Colb describes how many of the fears about Miranda never actually came to fruition and points out how both the strengths and weaknesses of Miranda can help us to figure out how best to design the rules defining sexual assault.

Did the Sexual Revolution Cause the Sexual Misconduct Revealed by #MeToo?

Cornell University law professor Sherry F. Colb considers the claim by some people that the increase in accusations and occurrences of rape and other sexual misconduct is attributable to the sexual revolution of the late 1960s and mid-1970s. Colb points out that both rape and sexual misconduct existed well before the sexual revolution, and in fact the legal system until very recently either condoned or made it very difficult to prove rape (and categorically excluded the possibility of marital rape). In contrast, the sexual revolution was about liberating consenting adults to have sex with one another and giving women ownership over their own bodies.

Reflections on America’s Reckoning with Sexual Harassment

SMU Dedman School of Law professor Joanna L. Grossman reflects on the wave of stories of sexual harassment and assault that have come to light in 2017. Grossman points out that sexual harassment of women, particularly in the workplace, is not a new phenomenon, but the sheer number of women sharing their stories today has emboldened others to come forward, and may even signal a cultural shift to address this pervasive problem. Grossman argues that true change will only come when institutional actors decide to hold themselves accountable for the way women are treated.

Liberals Should Readily Condemn Sexual Misconduct by Democratic Men

George Washington law professor and economist Neil H. Buchanan discusses allegations of sexual misconduct aimed at Democratic men in power and the opposing views progressive writers have taken as to whether these men should resign. Buchanan considers arguments for and against resignation, and reasserts his stance that these men should not be allowed to remain in office. Moreover, Buchanan argues, Democrats should be less fixated on defending these men against Republican attacks (especially those who have not been in office for years) than they are on issues that truly matter in current United States politics.

Sorry Lessons

Illinois law professor Lesley Wexler considers the apologies issued by celebrity men recently accused of sexual misconduct and argues that they ultimately fall short of making genuine amends to their victims. Wexler breaks down the components of a sincere apology, discusses the question of compensatory amends, and ultimately concludes that both the United States government and the celebrity men in question have failed to issue apologies of any true substance to those they have wronged. To highlight her point, Wexler compares contemporary examples in which the Canadian government has stepped up to offer proper apologies and provide compensation to victims of its past harmful policies.

Why Washington Reacts More Slowly to Sexual Misconduct Allegations Than Hollywood

Cornell University law professor Michael C. Dorf considers the recent spate of sexual misconduct allegations in the political sphere and entertainment industry, and notes how much less inclined to action and condemnation the former is compared to the latter. Dorf illustrates this point by considering the allegations against Donald Trump and Roy Moore, as well as various well-known Hollywood players, then evaluates several factors that may explain the contrast in reactions. Dorf concludes that the polarized, partisan state of our government, coupled with weak political parties, ultimately leaves Washington far more powerless to purge offending individuals than Hollywood.

Listen Up: There Is a Solution to the Sex Abuse and Harassment Epidemic Unfolding Before Your Eyes—And You Will Be Surprised at Who Must Step Up to Succeed

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton addresses the issue of sex abuse and harassment in light of the accusations made against many high-profile men recently. With a focus on the perpetrators, then the victims of their abuse, Hamilton explains why the general public might be (wrongly) disinclined to believe these men are guilty and unpacks why it often takes the victims such a long time to come forward. Hamilton also offers a multi-part solution to this epidemic, laying the moral responsibility of improvement and change squarely on the shoulders of the lawyers and insurance companies that represent these abusive men in various contexts.

What Needs to Happen Next for the #MeToo Campaign to Fulfill Its Potential

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton praises the #MeToo campaign and explains what more needs to happen to meaningfully address the pervasive issues of sexual assault and abuse against children and adults. Hamilton points to the brave actions by Olympic gymnast McKayla Maroney and elaborates on what must change in our society to empower victims and hold those in power accountable.

“Stealthing”: Is Secret Condom Removal Akin to Sexual Assault?

Cornell University law professor Sherry F. Colb comments on “stealthing,” a practice in which men surreptitiously remove their condoms while having intercourse. Colb considers whether the practice is best characterized as sexual assault, as some have argued, or whether it is a different kind of harm that should be addressed through a different set of legal processes.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior... more