This seminar will explore the criminal regulation of sexually-based offenses and sexualized violence. The course aims to examine the rationale for the criminalization of certain sexual behaviors, the definitions of harm, and the collateral consequences for sex offenders. We will explore the theoretical and historical underpinnings of the development of sex crime laws and their interconnection with race, class, power, and privilege. We will also reflect on issues relating to agency and consent as well as the balance between protecting the public and comporting with constitutional due process in the context of surveillance and registration of sex offenders. Class topics will include rape, sexual assault law, human trafficking, prostitution, child sexual abuse, revenge porn, sexting, and sex offender registration laws.
Students will gain an understanding of the unique issues facing prosecutors and defense counsel, such as rape shield laws, how to work with victims, how to defend the accused, the admissibility of hearsay evidence in limited circumstances, and how to work with experts. Students will debate policy issues concerning victimization, redressing harm, and the role of sex crime laws in the context of mass incarceration.