Chapter

A brief overview of sexual misconduct law and prosecution

Roger W. Shuy

in The Language of Sexual Misconduct Cases

Published in print September 2012 | ISBN: 9780199926961
Published online September 2012 | e-ISBN: 9780199980505 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199926961.003.0009
A brief overview of sexual misconduct law and prosecution

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This chapter shows how sexual misconduct cases are dealt with in US law and how offenders can be prosecuted. It first defines the term “sexual misconduct” and then characterizes the person who commits sexual misconduct. It then notes the parts of the U.S. federal statutes, state statutes such as the Texas Penal Code, and the Model Penal Code that are used to deal with issues of consent, knowledge, mutual agreement, force, intent, and ages of the participants. This chapter also discusses the most serious offense of sexual misconduct (rape), the difference between sexual harassment and sexual misconduct, physical sexual misconduct (not including rape), and the ways sexual misconduct can be proven.

Keywords: sexual misconduct cases; US law; prosecution; U.S. federal statutes; state statutes; Model Penal Code; rape; sexual harassment; physical sexual misconduct; evidence

Chapter.  4960 words. 

Subjects: Sociolinguistics

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