Strict Liability and Negligent Rape: Or How I Learned to Start Worrying and Question the Criminal Justice System

Authors

Dini Rosenbaum, Benjamin N. Cardozo School of Law

Abstract

The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.

Disciplines

Criminal Law | Criminal Procedure | Law | Sexuality and the Law | Torts

Recommended Citation

Dini Rosenbaum, Strict Liability and Negligent Rape: Or How I Learned to Start Worrying and Question the Criminal Justice System, 14 Cardozo J. Equal Rts. & Soc. Just. 731 (2008).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol14/iss3/6