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Some things are too shameful for even Massachusetts, it seems

Well, it took a bit of heat from the press and the people (I wish I could claim a smidgen of the credit, but realistically I can't), but a couple of Massachusetts legislators are working on fixing the law covering rape in the Bay State. As I noted yesterday, current law requires that force be an element to constitute rape, and sometimes that doesn't quite happen.

I'm still a little concerned, though, as this is still Massachusetts, and they could end up with some insanely draconian law that would criminalize such things as "of course I'm not married" and "I'll respect you in the morning" and other such typical actions in the war of the sexes or end up with both (or more) parties having to get notarized statements before adjourning to the boudoir, but this looks like a step in the right direction.


Comments (11)

JT, imagine if you had to b... (Below threshold)
epador:

JT, imagine if you had to be licensed first to have sex, and an additional one for procreation. Maybe you are on to something...

Then the violations:<... (Below threshold)
epador:

Then the violations:

Failure to yield
Moving violation
FUI
Excessive Speed
Operating an unsafe vehicle
etc.

If you think that's bad, ep... (Below threshold)

If you think that's bad, epador, imagine dating a female banker who applies the "substantial penalty for early withdrawal" rule...

J.

Here in the asylum of MA, m... (Below threshold)
Judith:

Here in the asylum of MA, make me an offer and it all goes away. Terrorize (and film) the city of Boston, pay 2 mil, laugh at the people and lawmakers and skip to freedom. Have Constitution applied, and you have a governor bribing people and an attorney general promising to fight due process (money talks). This state is a complete and utter farce, but provides plenty of entertainment for the rest of the country. At least we're good for something.

So when your deposits are l... (Below threshold)
kim:

So when your deposits are locked in the vault, are children the hostages fortune allows out?
=================================

Well, with all the income f... (Below threshold)
epador:

Well, with all the income from fines for violations, its likely the State budget woes would be solved.

I think this is a dangerous... (Below threshold)
Jeff Blogworthy:

I think this is a dangerous road to head down. In the case of the brothers, it is such an anomaly as to be statistically infinitesimal. Are we going to make broad, sweeping changes to the law to fit every peculiar case? Dangerous. I did not read the article, but I wonder about the details. Were the brothers twins? A bedroom is not a cave. There is usually some ambient light in a dark room. Anyone who has had sex in the dark knows what I mean. It would be very difficult to fool me unless my wife had a nearly identical sister. Could the perp here not be prosecuted under some other law besides rape? Say "criminal fraud" and/or assault for instance.

In the other case, this may sound heartless but the female must bear some responsibility for her lack of judgment. The guy is a sleazeball and his practice should be over. But rape? The girl really bought the line that she should have sex as an integral part of an abortion? Enacting a law to turn this into rape will put any relationship where a man is in an authoritative relationship with a woman in danger of being prosecuted for rape.

Boss - employee
Pastor - congregate
Professor - student

I would rethink this one.

P.S. I was not involved in ... (Below threshold)
Jeff Blogworthy:

P.S. I was not involved in debate in the other thread so I may have rehashed some arguments from there. Sorry if that is the case.

Another thought about the "... (Below threshold)
Jeff Blogworthy:

Another thought about the "in the dark" case. How is "consent" related to "permission"? Are the two synonymous? It seems to me that consent must involve the foreknowledge required to make a judgment. Could it not be argued that just because the woman did not object, it does not mean she gave consent? She did not have true knowledge of the circumstances and did not therefore give actual consent. Thus the sex was non-consensual.

Hard cases make for bad law... (Below threshold)
Remy:

Hard cases make for bad law. I see some very bad laws coming.

Well I was involved in the ... (Below threshold)
Mac Lorry:

Well I was involved in the thread yesterday so much of what I'll say here will be along the same lines as what I said yesterday, but with a bit more introspective on the subject.

From yesterday's thread here's a list of words that have similar meaning to deceit. Fraud, cheating, concealment, craftiness, fibbing, deception, trick, sham, chicanery, duplicity, perfidy, dishonest, falseness, wheedled, beguile, misrepresenting, cajole, inveigle, hoax, delude, mislead, swindle, seduce, entrap, ruse, subterfuge, contrivance, ploy, and decoy. Oh and I almost forgot "lying"

The normal intrigue surrounding romantic relationships involves things like concealment, craftiness, chicanery, duplicity, dishonesty, delusion, seduction, subterfuge and of course lying. Now we have some fools (and I don't use that word lightly) thinking they can inject the blunt instrument of the law into this confusing area of human affairs and do more good than harm. What, there's a shortage of inmates in Massachusetts, or is this a jobs program for criminal lawyers?




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