Sex Crimes and the Law (Stulpin)
Meeting Times/Location
T 6:40PM - 8:30PM
Silverman Hall 280
Category
Upper-Level
Credits
2.0
The goal of this two-credit course is two-fold: to develop skills of applying substantive law and legal ethics to practice-based situations and to understand the intersection of criminal and civil legal processes and survivor remedies as it relates to sex crimes.
This course explores the legal dimensions of rape and sexual assault, including both criminal and civil remedies, as well as the importance of trauma-informed lawyering in these sensitive cases. Students will learn the applicable criminal law, tort law, and civil remedies related to sexual violence, while also engaging with best practices for working with survivors of sexual trauma. Topics include the criminal prosecution of sex crimes, legal protections and rights of victims during investigation and trial, civil remedies for victims, and issues related to the intersection of criminal justice, constitutional law, and victim advocacy. We will explore contemporary issues such as consent, trauma-informed legal responses, human trafficking, and restorative justice. The course will feature guest presentations from various individuals including prosecutors, law enforcement personnel, criminal defense attorneys, victim rights advocates, and crime survivors.
Objectives
At the end of the course, students will be able to: • Understand the various rights and protections granted crime survivors in the criminal and civil justice system. • Be able to understand the various types of sex crimes and the burdens of proof for bringing a criminal prosecution, a prima facia civil case, or a Title IX action. • Articulate the issues associated with consent and affirmative defenses. • Be aware of the balance of survivor rights (rape shield laws) with defendant’s rights (right to a fair trial and character evidence). • Understand the psychological and emotional impact of sexual trauma and the importance of trauma-informed lawyering practices. • Be aware of the neuroscience of trauma and its impact on memory; including delayed reporting, flashbacks, and physical impact of childhood sexual abuse on brain development. • Be aware of the issues associated with representing LGBTQIA, special needs, and immigrant populations. • Be aware of the issues associated with workplace harassment and campus safety. • Understand the intersection of human trafficking with sex crimes.
Textbooks
"The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma" by Bessel van der Kolk M.D. |