PUTTING THE FOCUS WHERE IT BELONGS: MENSREA, CONSENT, FORCE, AND THE CRIME OF RAPE

Abstract

This Article redefines the law of rape. It reconstructs the law, starting with the elements of the crime. This Article is the logical result of various reform efforts, most notably the Michigan statute, but is identical to none of them. It focuses on the defendant's mens rea, eliminating the inaccurate and redundant use of force requirement, and consequently vindicates the concept of sexual autonomy.