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Sex Exceptionalism in Criminal Law

In this provocative and intellectually rich session, Professor Aya Gruber explores the tensions between feminist advocacy, criminal punishment, and the rights of the accused in sexual assault cases. Drawing from legal theory, social movements, and high-profile examples, she examines how the push for harsher prosecution—while often well-intentioned—can sometimes undermine due process and exacerbate mass incarceration. Gruber challenges defenders to think critically about the evolving cultural landscape, the role of restorative justice, and how to defend clients ethically in an era of heightened public pressure. This session offers a powerful framework for navigating the intersection of justice, gender, and criminal defense.

Aya Gruber

Aya Gruber is a professor at the Harold M. Heimbaugh Professor of Law at the University of Southern California Gould School of Law and an expert on criminal law, violence against women, and critical theory. Before academia, Professor Gruber was a public defender in Washington D.C. and Miami, FL. She combines insight from this practice experience and legal, historical, and sociological research in her widely-cited legal scholarship that has been covered in outlets including the New York Times, Slate, The Guardian, Reason Magazine, the Harvard Law Review, and the Michigan Law Review. In 2020 Gruber published The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration, which PEN America called “an exciting and brave book that tackles the cause and effect between gender-based violence, mass incarceration, and a broken legal system.” Her latest article, Sex Exceptionalism in Criminal Law (Stanford Law Review 2023) critiques American law’s treatment of sex crimes as categorically different from and significantly worse than all other crimes. Professor Gruber’s current book in progress, The Crime of Sex, will be the first to provide a comprehensive genealogical examination of the American sex criminalization program, exploring convergences and divergences between socially conservative regulatory programs (i.e. outlawing same-sex intimacy) and liberal ones (i.e. feminist rape reform).

TOPICS
Feminism
CLE State Accreditation
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.00
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00
CLE State Accreditation:
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.00
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00