Can Pornography Cause Rape?

is possible that pornography can cause rape, at least in the sense that those responsible for the pornography could be held liable for the injuries resulting from the assault. He is skeptical of this possibility, for, as he says, the "constitutional requirements for a valid recovery for assault caused by speech might turn out to be too rigorous for any plaintiff to meet,"4 never- theless, he admits that it is a possibility. In this article, I intend (a) to defend Judge Easterbrook's suggestion that pornography can cause sexual assault, and (b) to allay his skepticism that a plaintiff could meet the rigorous consti- tutional requirements for recovery. I divide my article into two parts. In part I, I discuss the causal claim. In what sense of "cause" is it true that pornography can cause rape? This is important not only because this claim has often been denied, but also because the specific nature of the causal connection is important to clarify in order to show that it is a legitimate basis for recovery. In part II, I address constitutional concerns. I argue that in virtue of the way in which pornog- raphy can cause rape, pornography can count as "incitement" to rape. I specify what standards of proof a plaintiff should be required to meet in order to respect the First Amendment concerns that might be thought to apply to pornography. I. Pornography as a Cause of Sexual Assault