CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, February 7, 2020

Hornle on #MeToo and Criminal Law

Tatjana Hörnle has posted #MeToo - Implications for Criminal Law (Bergen Journal of Criminal Law and Criminal Justice, Volume 6, Issue 2, 2018, pp. 115-135) on SSRN. Here is the abstract:

#MeToo became a powerful social movement, and the accusations of sexual misconduct destroyed the careers of many persons. In its first part, the article critically examines #MeToo, concluding that the naming and shaming of individuals in social media is a problematic instrument of social control. The second part analyses changes in criminal laws on sexual offenses, for instance the new German law on sexual assault. The traditional model of sexual assault and rape that emphasizes violence deserves criticism. For contemporary criminal laws, the focus must be on consent and communication. The article discusses the merits and disadvantages of “No means No” and “Only Yes means Yes” as starting points for law reform.

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