No Means No and More Elementary Grammar: Moving Towards a More Codified Approach to Sexual Harassment Law

Authors

Maxwell Collins, Brigham Young UniversityFollow
Holly Castleton, Brigham Young UniversityFollow

Keywords

Sexual harassment, sexual assault, rape, victims, Brock Turner, minimum mandatory sentencing, SANE, Sexual Assault Nurse Examine, Title IX, RAINN, Rape Abuse and Incest National Network

Abstract

Because of social developments like the #MeToo movement, problems with gender issues in the law have moved to the forefront of legal discussions.This article uses state and federal codes, statutes, and case precedent to examine contemporary sexual harassment law. We identify issues surrounding investigating and prosecuting credible sexual harassment allegations. We examine the issues surrounding the sentencing of those convicted of sexual harassment. Finally, we argue that the decision to enact mandatory minimum sentences as a deterrent for future sex crimes is misguided and counterproductive, and we propose a more codified and nuanced approach to sentencing. This will provide more specific punishments that are more beneficial to the defendant and plaintiff and bring a greater feeling of justice to all those involved.

BYU ScholarsArchive Citation

Collins, Maxwell and Castleton, Holly (2019) "No Means No and More Elementary Grammar: Moving Towards a More Codified Approach to Sexual Harassment Law," Brigham Young University Prelaw Review: Vol. 33, Article 11.
Available at: https://scholarsarchive.byu.edu/byuplr/vol33/iss1/11