Jeannie Suk is a professor at Harvard Law School.

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Imagine a medical student who is training to be a surgeon but who fears that he’ll become distressed if he sees or handles blood. What should his instructors do? Criminal-law teachers face a similar question with law students who are afraid to study rape law.

Thirty years ago, their reluctance would not have posed a problem. Until the mid-nineteen-eighties, rape law was not taught in law schools, because it wasn’t considered important or suited to the rational pedagogy of law-school classrooms. The victims of rape, most often women, were seen as emotionally involved witnesses, making it difficult to ascertain what really happened in a private encounter. This skepticism toward the victim was reflected in the traditional law of rape, which required a woman to “resist to the utmost” the physical force used to make her have intercourse. Trials often included inquiries into a woman’s sexual history, because of the notion that a woman who wasn’t virginal must have been complicit in any sex that occurred. Hard-fought feminist reforms attacked the sexism in rape law, and eventually the topic became a major part of most law schools’ mandatory criminal-law course. Today, nobody doubts its importance to law and society.

But my experience at Harvard over the past couple of years tells me that the environment for teaching rape law and other subjects involving gender and violence is changing. Students seem more anxious about classroom discussion, and about approaching the law of sexual violence in particular, than they have ever been in my eight years as a law professor. Student organizations representing women’s interests now routinely advise students that they should not feel pressured to attend or participate in class sessions that focus on the law of sexual violence, and which might therefore be traumatic. These organizations also ask criminal-law teachers to warn their classes that the rape-law unit might “trigger” traumatic memories. Individual students often ask teachers not to include the law of rape on exams for fear that the material would cause them to perform less well. One teacher I know was recently asked by a student not to use the word “violate” in class—as in “Does this conduct violate the law?”—because the word was triggering. Some students have even suggested that rape law should not be taught because of its potential to cause distress.

When I teach rape law, I don’t dwell on cases in which everyone will agree that the defendant is guilty. Instead, I focus on cases that test the limits of the rules, and that fall near the rapidly shifting line separating criminal conduct from legal sex. These cases involve people who previously knew each other and who perhaps even previously had sex. They cover situations in which the meaning of each party’s actions, signals, and desires may have been ambiguous to the other, or misapprehended by one or both sides. We ask questions like: How should consent or non-consent be communicated? Should it matter whether the accused realized that the complainant felt coerced? What information about the accused and the complainant is relevant to whether or not they should be believed? How does social inequality inform how we evaluate whether a particular incident was a crime? I often assign students roles in which they have to argue a side—defense or prosecution—with which they might disagree.

These pedagogical tactics are common to almost every law-school topic and classroom. But asking students to challenge each other in discussions of rape law has become so difficult that teachers are starting to give up on the subject. About a dozen new teachers of criminal law at multiple institutions have told me that they are not including rape law in their courses, arguing that it’s not worth the risk of complaints of discomfort by students. Even seasoned teachers of criminal law, at law schools across the country, have confided that they are seriously considering dropping rape law and other topics related to sex and gender violence. Both men and women teachers seem frightened of discussion, because they are afraid of injuring others or being injured themselves. What has made everyone so newly nervous about discussing sexual-assault law in the classroom?

In the nineteen-seventies and eighties, feminist reformers developed the idea that the disrespectful treatment of rape complainants in the criminal process—including cross-examinations meant to show that complainants were promiscuous—made the courtroom the scene of a “second rape.” An influential book with that title by the psychologists Lee Madigan and Nancy Gamble, published in 1991, characterized the “second rape” as “more devastating and despoiling than the first.” Evidence laws were reformed to limit cross-examination about a rape complainant’s sexual history and reputation. Disbelieving a complainant’s account, questioning her role in the interaction, and not vindicating her claim also all came to be seen as potential re-victimizations. On college campuses, the notion that a complainant should not have to see the accused, because it would inflict further trauma, is now commonplace.

Something similar to the “second rape” concept now appears to be influencing the way we think about the classroom. I first encountered this more than a year ago, when I showed “Capturing the Friedmans,” an acclaimed documentary about a criminal-sex-abuse investigation, to my law students. Some students complained that I should have given them a “trigger warning” beforehand; others suggested that I shouldn’t have shown the film at all. For at least some students, the classroom has become a potentially traumatic environment, and they have begun to anticipate the emotional injuries they could suffer or inflict in classroom conversation. They are also more inclined to insist that teachers protect them from causing or experiencing discomfort—and teachers, in turn, are more willing to oblige, because it would be considered injurious for them not to acknowledge a student’s trauma or potential trauma.

We are currently in the middle of a national effort to reform how sexual violence is addressed on college campuses. This effort is critical, given the apparent prevalence of sexual violence among students. But it’s not clear that measures taken to protect victims always serve their best interests. At Harvard, twenty-eight law professors, myself included, have publicly objected to a new sexual-harassment policy on the grounds that, in an effort to protect victims, the university now provides an unfair process for the accused. This unfairness hurts the cause of taking sexual violence and its redress seriously. Similarly, when Rolling Stone published an account of an alleged gang rape at the University of Virginia without seeking out the accused, and likely got the story wrong, it arguably damaged the credibility of sexual-assault victims on that campus and elsewhere. These events are unfortunately of a piece with a growing rape exceptionalism, which allows fears of inflicting or re-inflicting trauma to justify foregoing usual procedures and practices of truth-seeking.

Now more than ever, it is critical that law students develop the ability to engage productively and analytically in conversations about sexual assault. Instead, though, many students and teachers appear to be absorbing a cultural signal that real and challenging discussion of sexual misconduct is too risky to undertake—and that the risk is of a traumatic injury analogous to sexual assault itself. This is, to say the least, a perverse and unintended side effect of the intense public attention given to sexual violence in recent years. If the topic of sexual assault were to leave the law-school classroom, it would be a tremendous loss—above all to victims of sexual assault.

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