Abstract
This Article sets out a comprehensive model provision for the crime of rape by defining the specified fault elements, such as knowledge and recklessly, within the provision. In particular, the definition of recklessly incorporates a requirement that the person took reasonable steps to ascertain consent. The model provision also addresses the twin issues of intoxication and mistake of fact, with the aim of making the fault elements of the crime of rape more objective.
Recommended Citation
Andrew Hemming,
Reforming the Law of Rape in the United States: Some Advice from the Antipodes,
32 Fla. J. Int'l L.
(2020).
Available at: https://scholarship.law.ufl.edu/fjil/vol32/iss1/1
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