Re: Statutory rape laws

2003-07-16 Thread Mitchell Berman
I know this is well-worn ground, but I'd be grateful for some elaboration, from Ann or others, on what distinguishes those stereotypes upon which the state may not rely from those generalizations upon which states and courts may -- indeed, must -- rely in order to carry out any inquiry into the

Statutory rape laws

2003-07-15 Thread Volokh, Eugene
at protecting the girls themselves? I should say that my sympathies are with equal treatment without regard to sex here; and I should also say that I'm not wild about statutory rape laws with fixed age tests (as opposed to difference-between-the-ages tests). Still, the objections I mention

Re: Statutory rape laws

2003-07-15 Thread Robert Sheridan
Sheridan [EMAIL PROTECTED] [Original Message] From: Volokh, Eugene [EMAIL PROTECTED] To: [EMAIL PROTECTED] Date: 7/15/2003 2:28:12 PM Subject: Statutory rape laws I appreciate Bryan's arguments in favor of gender neutrality here, but does he have any thoughts on the prosecution problem

Re: Statutory rape laws

2003-07-15 Thread Volokh, Eugene
than any factual evidence: I suspect that most states that don't have problems with gender-neutral statutory rape laws avoid the problems by simply having a policy of not prosecuting women or girls who have sex with boys, at least unless there's some aggravating circumstance (e.g., 35-year-old