Yale Law Students: Professor's Campus Rape Op-Ed Gets It Wrong
Jared Sperli stashed this in life
However, what has drawn the most ire are Rubenfeld's comments about consent. In his column, Rubenfeld characterizes affirmative consent policies as unenforceable and overly broad, and suggests that such an approach categorically redefines all drunk sex as rape.
"The redefinition of consent ... encourages people to think of themselves as sexual assault victims when there was no assault," Rubenfeld writes. He adds that students "need to be told clearly that if they are voluntarily under the influence (but not incapacitated), they remain responsible for their sexual choices."
But the law students say Rubenfeld is off-base. They write that no one is actually classifying consensual drunk sex as rape, and that alcohol's role in sexual assault cases has to do with offenders who "intentionally target classmates who are vulnerable or incapacitated by reason of intoxication."