Jed Rubenfeld is the Robert R. Slaughter Professor of Law at Yale Law School. His subjects are constitutional law, privacy, First Amendment, and criminal law. He is the author of five books, including Freedom and Time and Revolution by Judiciary: The Structure of American Constitutional Law. Rubenfeld received his AB from Princeton and his JD from Harvard.
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Forced by the federal government, colleges have now gotten into the business of conducting rape trials, but they are not competent to handle this job.
These overbroad definitions of sexual assault are deeply counter-productive. They conflate violent rape one of the most serious of all crimes with objectionable conduct of much lesser gravity.
This Article argues against the idea of sexual autonomy and against the understanding of rape as unconsented-to sex.