Comments to ALI on Proposed Revisions to Sexual Assault Provisions of Model Penal Code (March 2016)

NACDL has a keen interest in the development of the nation's penal law. NACDL has long expressed concerns about an increasing trend to dilute or neglect to include clear intent requirements in the criminal law. The issue of inadequate intent - or mens rea -was addressed by NACDL in 2010 in an in-depth, study and report. … The current draft on sexual assault and related offenses would perpetuate the disturbing tendency to dilute intent requirements in the criminal law, and would take that trend into an area of the law that carries grave and life-altering penalties.



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