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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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