Has the Federal Government Ever had Sex? June 15, 2015
By Ashley Snowe
The act of sex is not illegal. But if two members of the American Law Institute have their way, it will be — unless you follow their rules.
Law professors Stephen J. Schulhofer and Erin Murphy are trying to update the criminal code when it comes to sex offenses, believing current definitions of rape and sexual assault are antiquated. The focus of their draft is on what constitutes consent. It adopts the "yes means yes," or "affirmative consent" model that was passed in
last year. California
only to college campuses, however. Schulhofer and Murphy aim to take that
definition of consent — which says that before every escalation of a sexual
encounter, clear and convincing consent must be given — to the state or federal
level. No one actually has sex this way, requesting permission and having it
granted perhaps a dozen times in a single encounter. California
But the theory that millions of Americans are having sex wrongly has gained currency among campus activists. This new attempt to alter the American Law Institute's Model Penal Code, a highly influential document that has been adopted in whole or in part by many states' legislatures, is part of a push to bring authoritarianism into the bedroom.