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25 Widener L. Rev. 69 (2019)
Sexual Violence Laws Redefined in the Me Too Era: Affirmative Consent & Statutes of Limitations

handle is hein.journals/wlsj25 and id is 79 raw text is: 





   SEXUAL VIOLENCE LAWS REDEFINED IN THE ME TOO
 ERA:  AFFIRMATIVE CONSENT & STATUTES OF LIMITATIONS

                      OLABISI  ADURASOLA ALABI'

  When  you place so much responsibility on the person who is coming out
  as having been raped, then it diminishes that person's chance and ability to
                come forward  because they feel ashamed.

                          I. INTRODUCTION

   The term  sexual violence refers to a specific group of crimes including
sexual harassment, sexual assault, and rape.2 Some states explicitly define
rape or sexual assault and others do not.' Perpetrators of sexual violence may
be strangers, acquaintances, friends, family members, or intimate partners.
Every day, hundreds of Americans are affected by sexual violence.' To make
matters worse, perpetrators are less likely to go to jail or prison than other
criminals.' Researchers, practitioners, and policymakers agree that all forms
of sexual violence harm the individual, the family unit, and society, and that
much  work  remains to be done to enhance  the criminal justice response to
these crimes, including reforming laws that govern sexual violence.'
   Sexual harassment  ranges from degrading remarks, gestures, and jokes to
indecent exposure, being touched, grabbed, pinched, or brushed against in a
sexual way.' Sexual assault covers a wide range of unwanted behaviors-up
to but not including penetration-that are attempted or completed against a
victim's will or when a victim cannot consent because of age, disability, or
the influence of alcohol or drugs.9 Sexual  assault may involve  actual or
threatened physical force, use of weapons, coercion, intimidation, or pressure


   * Widener University Delaware Law School, J.D. 2018. The author would like to thank
God for surrounding her with people who love, pray, and support her. She would like to
dedicate this paper to her family and loved ones for their words of encouragement.
   ' Alicia Victoria Lozano, Why Is Determining Consent Dfficult in Sexual Assault Cases?,
NBC  (June 16, 2017), https://www.nbcphiladelphia.com/news/local/Why-Is-Determining-
Consent-Difficult-in-Sexual-Assault-Cases-428938043.html. According to the Rape, Abuse
& Incest National Network, approximately sixty percent of rapes are never reported to the
police. Id.
   2 Rape and  Sexual Violence, NATIONAL INSTITUTE OF JUSTICE (Mar. 21, 2017),
https://www.nij.gov/topics/crime/rape-sexual-violence/Pages/welcome.aspx.
    Korin Miller, What Is Sexual Assault (and What Isn't), According to The Law, SELF
(Nov. 3, 2017), https://www.self.com/story/sexual-assault-definition.
   4 Rape and Sexual Violence, supra note 2.
   Statistics, RAINN, https://rainn.org/statistics (last visited Dec. 18. 2018).
   6     The      Criminal    Justice    System:     Statistics,   RAINN,
https://www.rainn.org/statistics/criminal-justice-system (last visited Dec. 18. 2018).
   Rape  and Sexual Violence, supra note 2.
   8 Id.
   9 Id


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