When rape doesn't mean rape

For the record, there are already laws handling the degrees of rape, but they don’t deal with variations in intent. For instance, in some states “first-degree rape” refers to a rape by force using a deadly weapon and infliction of physical injuries, whereas “second-degree rape” doesn’t require a weapon or physical injury. There’s also first- and second-degree sexual assault, which follow the same model but are not limited to intercourse.

But two New York University law professors want to extend the varying degrees of rape as they expand the definition. I wrote a couple weeks ago about Stephen Schulhofer and Erin Murphy’s draft proposal to upgrade the criminal code as it relates to sexual assault.

One interesting aspect of the draft – one that would probably enrage many activists pushing for more “rapists” to be punished – is the suggestion of different levels of punishment for sexual offenses. It’s something the “rape is rape” crowd might find unacceptable, but Murphy raised the possibility of treating sexual offenses like other crimes – at least in the sentencing aspect.