Sex Crimes and the Law (Stulpin)
Additional Information
Skills Training
Drafting Legal Documents
Expository Writing
Other Professional Skills:
Grading
20% Participation,
80% Paper
Yes
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- Class sessions are regularly recorded. I will make these recordings routinely available on the course site to everyone in the class.
Meeting Times/Location
T 6:40PM - 8:30PM
Silverman Hall 245A
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 involving the representation of sex abuse survivors and to understand the intersection of criminal and civil legal processes/remedies as it relates to sex crimes.
This course explores the legal dimensions of rape and sexual assault, from the criminal and civil perspectives, 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 trauma-informed representation of sex abuse survivors. Topics include the criminal prosecution of sex crimes, civil remedies and associated discovery tactics, and legal protections and rights of survivors from investigation through trial. We will explore contemporary issues such as consent, trauma-informed legal responses, human trafficking, and contemporary emerging issues in sex crimes litigation. The course will feature guest presentations from various individuals including prosecutors, criminal defense attorneys, victim rights advocates, and survivors of sexual assault.
Objectives
At the end of the course, students will be able to: • Understand the various rights and protections granted to survivors in the criminal and civil justice systems and how those rights may be impacted depending on jurisdiction, timing of disclosure, profile of the defendant/institution, etc. • Understand the various types of sex crime actions and the burdens of proof for bringing a criminal prosecution, a prima facia civil case, or an administrative complaint such as Title IX or EEOC. • Articulate the issues associated with consent and affirmative defenses. • Understand 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. • Understand the neuroscience of sexual trauma and its impact on memory; including delayed reporting, flashbacks, and physical impact of childhood sexual abuse on brain development. • Understand concerns associated with representing LGBTQIA, special needs, and immigrant populations. • Understand the intersection of human trafficking with sex crimes, as well as the implications of the Epstein case.
Grading for this course will consist of class participation (20%) and a final paper (80%). The final paper may be considered to fulfill the Senior Writing Requirement.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Textbooks
"The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma" by Bessel van der Kolk M.D. |