My chest tightened when I read this… and he’s so absolutely right.
Imagine the following rape statute: “If a person over the age of twenty-one years has sexual contact constituting oral-genital or genital-genital contact with a minor under the age or fourteen years, such person shall be guilty of a Class A felony and shall be imprisoned for life without the possibility of parole.”
If the legislature passed it, it still wouldn’t happen. Law does not exist in the abstract. Law is a power structure, something that operates in a culture and operates largely consistent with the society’s values. Lots of people in the process, from parents to school administrators and counselors to cops to prosecutors and judges to juries would collude to make sure that a statute like that would not work the way it is written — it would for some people, who didn’t meet societal approval, but it wouldn’t for others, who do. Just like the “war on…
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