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42 Wake Forest L. Rev. 1087 (2007)
Sex Crimes and Sexual Miscues: The Need for a Clearer Line between Forcible Rape and Nonconsensual Sex

handle is hein.journals/wflr42 and id is 1095 raw text is: SEX CRIMES AND SEXUAL MISCUES: THE NEED FOR A CLEARER LINE BETWEEN FORCIBLE RAPE AND NONCONSENSUAL SEX Meredith J. Duncan* Modern changes to forcible rape statutes have resulted in broad statutes that criminalize widely varying sexual misconduct. Under these statutes, a forcible rapist can range anywhere from a stranger who violently secured sexual intercourse to a person who engaged in what was initially consensual sex, but whose partner withdrew that consent postcoitus. More precise stratification of sex crime statutes is necessary in order to identify clearly the line between rape and nonconsensual sex. As careful consideration of criminal law theory establishes a significant difference between forcible rape and nonconsensual sex, statutes that criminalize these acts should fashion distinct punishments and remedies appropriate to each offense. This Article considers modern rape law reforms and suggests additional modifications to sex crime statutes to provide the necessary distinction in the identification and punishment of forcible rapists and nonconsensual sex offenders. I. INTRODUCTION Rape is a heinous crime. Physical and psychological damages are widely known. But is all rape equal? Consider the following scenario: Walter and Amber are adult friends who occasionally choose to be sexually intimate with each other. They have both been * George Butler Research Professor of Law, University of Houston Law Center; Straus Distinguished Visiting Professor of Law, Pepperdine University School of Law; J.D., University of Houston Law Center; B.A., Northwestern University. Thanks to all who read various drafts of this Article and provided me with invaluable suggestions. I am particularly grateful for the comments of my colleagues David R. Dow, Ronald Turner, Sandra Guerra Thompson, Gerry Moohr, Nancy Rapoport, and Marcilynn Burke. Special thanks to Dorothy Brown, Michele Goodwin, Song Richardson, Njeri Mathis-Rutledge, and all other participants of the 2007 Mid-Atlantic People of Color Conference, at which I presented this Article as a work-in-progress. Thanks also to Curtis Duncan, Stacey Bond, and Katherine Cabaniss for their invaluable support. Finally, a special thank you for the fine research assistance and support of Beth Lloyd, Brian Ensigmann, Jeanice Dawes, Christopher Dykes, and the University of Houston Law Foundation. 1087

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