ASHE SCHOW: A Rift At The American Law Institute.

A large group of member of the American Law Institute have written a letter in opposition to an upcoming vote that would vastly expand the definition of sexual assault in the legal system.

The letter, signed by nearly 120 members, including lawyers, judges and law professors, highlights several concerns regarding a draft model penal code that ALI members will vote to adopt on May 17. I previously wrote about issues with the draft, but was assured by an ALI member that many of my concerns have been addressed in the current version.

The ALI members who signed this letter have copies of the draft that will be voted on this month, and it turns out there are still dangerous issues that have not been addressed that will turn every sexually active American into a criminal overnight.

For starters, the draft has rebranded the “affirmative consent” standard previously criticized as “communicated willingness.” Whatever you want to call it, it requires each person involved in sexual activity to essentially treat sex like a question-and-answer session, with each party asking question after question and receiving a clear reply before escalating the activity. This is not how sex works, and the signers of the opposition letter write that such language creates a starting presumption that sex is a crime.

If the ALI passes this, the Institute, and the drafters, should be shamed and shunned by all decent people.