Saturday, February 10, 2007

Redefining Rape...

The American legal system, at every level, has taken great pains to define rape in order to protect the rights and interests of a woman during the carnal act. The definition has been parsed out in advance, and everyone knows, or at least should know, that no means no from the beginning. What about mid-coitus? A California Court thinks a mid-act rescission of willingness will transform a consensual act into rape. This is an interesting conceptualization of when an act may or may not be consensual. However, at one point do we, as a society and legal system, go too far in defining what kinds of acts are criminal. That is not to say that this distinction is unnecessary, but rather that it inches over the edge of a slippery slope. Moreover, how do you adequately prosecute such a case? To what degree does prosecution become malicious? Ideally, any abuses will be counter-balanced by the heavy burden borne by the state in prosecuting criminal maters. Any ideas on this one, how do we strike a balance or will this be abused?

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