Robin Fretwell Wilson

Minnesota (2017)

In a case involving the indecent exposure conviction of a man for sending lewd photos of himself to an underage girl, the Minnesota Court of Appeals cited to and quoted from Professor Wilson in holding that this conduct did constitute indecent exposure. The court said: “Noncontact sex offenses with a child may act as a precursor to actual sexual contact or change a child's views of sex and sexual relationships. Robin Fretwell Wilson, Sex Play in Virtual Worlds, 66 Wash. & Lee L. Rev. 1127, 1146 (2009). Sexual behavior, including ‘[d]irty talk over the phone or sending photos of one's genitals to a child virtually from a distance, exposes children to sexual content that society has chosen to shield them from.’ Id. at 1152. Thus, the legislative policy that supports protecting children from an actor's explicit sexual behaviors in their physical presence supports shielding them from such conduct in the virtual world as well. See id.”

In its Report to Congress, the Federal Trade Commission cited Professor Wilson’s work to highlight the risk that “children playing in adult-oriented virtual worlds may be exposed to sex play, pornography, gambling, and undesirable contacts, as well as defamation and damage to their reputation.” 

See Virtual Worlds and Kids: Mapping the Risks A REPORT TO CONGRESS here.

• State v. Decker, 2017 Minn. App. Unpub. LEXIS 402, *9 (Minneapolis Court of Appeals 2017

Professor Wilson’s scholarship has also been cited in:

• Berezowsky v. Ojeda, 652 F. App'x 249 (5th Cir. 2016), citing John DeWitt Gregory, Peter Nash Swisher & Robin Fretwell Wilson, Understanding Family Law 522-23 (4th ed. 2013).  In international custody dispute under the Hague Convention, the court cited to Professor Wilson’s work to describe factors courts employ in making child custody determinations.
• In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015), citing Michael R. Clisham & Robin Fretwell Wilson, American Law Institute's Principles of the Law of Family Dissolution, Eight Years After Adoption: Guiding Principles or Obligatory Footnote?, 42 Fam. L.Q. 573, 577 (2008), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2014189. In dispute over the a spousal support award, the court cited to Professor Wilson’s work explaining the reception of the American Law Institute’s proposals regarding family dissolution.
• James R.D. v. Maria Z. (In re Scarlett Z.-D.), 28 N.E.3d 776 (Ill. 2015), citing Robin Fretwell Wilson, Trusting Mothers: A Critique of the American Law Institute's Treatment of De Facto Parents, 38 Hofstra L. Rev. 1103 (2010), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3015916. In decision declining to extend the doctrine of equitable adoption in a custody proceeding, Professor Wilson’s research was cited to discuss the American Law Institute’s treatment of the concepts of de facto parent ad psychological parent.
• In re Custody of B.H.M., 179 Wash. 2d 224 (2013), citing Robin Fretwell Wilson, Trusting Mothers: A Critique of The American Law Institute's Treatment of De Facto Parents, 38 Hofstra L. Rev. 1103, 1112 (2010), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3015916. In a decision recognizing a right to establish de facto parenthood for a former stepfather, the dissent invoked Professor Wilson’s critique of the de facto parent doctrine.
• United States v. Bagley, No. 10-00244-01-CR-W-DW, 2011 U.S. Dist. LEXIS 152987 (W.D. Mo. Dec. 27, 2011), citing Undeserved Trust: Reflections on the ALI's Treatment of De Facto Parents, in Reconceiving the Family: Critique of the American Law Institute’s Principles of the Law of Family Dissolution, 90, 117-118 (Robin Fretwell Wilson, ed., 2006). In a case weighing psychological evidence of “sexual sadism” in a defendant, the court cited Professor Wilson’s research on actions of sexual offenders.
• United States v. Batton, 602 F.3d 1191 (10th Cir. 2010), citing Robin Fretwell Wilson, Undeserved Trust: Reflections on the ALI's Treatment of De Facto Parents, in Reconceiving the Family: Critique of the American Law Institute’s Principles of the Law of Family Dissolution, 90, 117-118 (Robin Fretwell Wilson, ed., 2006). In a case determining the admissibility of evidence of a previous sexual offense, the court cited Professor Wilson’s research on actions of sexual offenders.
• Smith v. Gordon, 968 A.2d 1 (Del. 2009), citing Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution 47, 64 (Robin Fretwell Wilson ed., Cambridge Univ. Press 2006). In a decision declining to recognize a de facto parent for support purposes, the court cited to a chapter in Professor Wilson’s book on the American Law Institute.
• United States v. Taylor, 640 F.3d 255 (7th Cir. 2011), citing Robin Fretwell Wilson, Sex Play in Virtual Worlds, 66 Wash. & Lee L. Rev. 1127 (2009), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016345. In a case construing the definition of “sexual activity” in federal law, the concurrence cited Professor Wilson’s research on online sexual offenses.
• Yodfat v. Yodfat , No. 2002 CV 2722, 2007 Pa. Dist & Cnty. Dec. LEXIS 25 (Pa. C.P. Feb. 16, 2007), citing Robin Fretwell Wilson, Children at Risk: The Sexual Exploitation of Female Children After Divorce, 86 Cornell L. Rev. 251 (2001), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=239434. In a child custody dispute, the court referenced Professor Wilson’s research on the increased risk of sexual offenses against girls following divorce.