I took criminal law with Yale Law professor Jed Rubenfeld, husband of Amy Chua (“Tiger Mom“), in law school. He was a good teacher, charismatic and clear. I liked his class for the most part. But on “rape week,” as it’s known among his students due to his controversial, provocative discussions on the topic, he called on me to answer a hypothetical question meant to demonstrate how inconsistent rape laws can be: If someone stuffed a banana in my mouth, would that be rape? The class tittered. I answered no. He smiled, approvingly. Most states agreed with me, he said—that would not be rape.
As he went on to educate us in the inconsistencies that characterize the legal landscape regarding rape and sexual assault, he also conveyed his view of how to deal with some of these inconsistencies: by defining rape by use of force rather than by lack of consent. In other words, “no” isn’t enough.
[TRIGGER WARNING: SHARES PERSONAL ACCOUNTS OF RAPE]
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