Tuesday, March 28, 2006
This post from liberteaser has an interesting idea, that we should at some level judge the crime by the victim. The case he uses is the hot teacher and the 14 year old boy case, in which he posits that the victim probably did fully consent (although he does go on to talk about issues of recidivism). The problem, in my opinion, with ideas like this is that it encourages behavior we want to discourage, with smarmy old people convincing themselves or trying to manufacture consent to get what they want, as opposed to a strict liability standard where if she or he is under 18, you're going to jail. I think the system as it stands now is more just than the alternative, but I'd encourage you to read the post.
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