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The Second Wave: An Agenda for the Next Thirty Years of Rape Law Reform

This paper proposes a reconceptualization of the legal response to rape founded in the civil law, and not in the criminal law. Massive reforms of rape laws over the past thirty years have largely failed to change criminal justice outcomes as measured by report, arrest, prosecution and conviction rates for the crime. The authors argue that rape law reforms are needed outside of the criminal justice process, in the civil law, to address the immediate and devastating impact of sexual assault on the lives of victims in the areas of safety, privacy, immigration status, education, housing, employment, and financial and medical benefits. The authors suggest specific reforms in these areas of civil law to address the unmet legal needs of sexual assault victims.