This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses on non-punitive prevention, seeks to identify and change institutional norms and practices that contribute to sexual violence, and provides victims with access to accountability mechanisms beyond traditional punishment.
Erin Collins, The Criminalization of Title IX, 13 Ohio St. J. Crim. L. 365 (2016).