Document Type

Article

Publication Date

2020

Abstract

This Article argues that more frequently including victim impact statements during the sentencing phase of corporate criminal trials would help lay foundation for legislative reforms geared towards punishing corporations on the occasions where genuinely corporate misconduct, such as that of USAG and the Weinstein Company, can be said to have caused sexual offenses. The Article proceeds in three Parts. First, I argue that criminal enforcement against corporations is generally untethered from harm to victims, and that this thwarts one of the most coherent justifications for the existence of corporate criminal liability. Next, I argue that a focus on victim narratives in sentencing, where relevant, can both restore coherence to the project of corporate criminal liability and expand public understanding of corporations as potential perpetrators of violent criminal offenses. Finally, I conclude by speculating about how an increased role for the victim in the prosecution of entities generally might lead to a greater willingness among legislatures, prosecutors, and the general public to recognize corporations as capable of sex offenses.

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