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« Two By Sherod Santos | Main | Security »

September 21, 2004



I can just see the public service ads: "Friends Don't Let Friends F*** Drunk."


You're first reaction was the correct one.

I propose a law mandating forced sterilization of Ian Ayres & Katharine Baker. They are clearly too stupid to be allowed breed.


The problem is not that it is dumb. The problem is that it is dishonest. It is clearly not about public health, otherwise consent would not be a defense. It is about prosecuting rape without having to prove it. It claims to get around the he said/ she said problem, but it does this at the expense of a presumption of innocence.

Why stop at risky sex? We could get convictions for all rapes, just by outlawing all sex, unless the man can prove it was consensual.


Agreed - dishonest as hell. If you read through the PDF they link to, you will read, basically, that "shifting the burden of proof to the man is appropriate because women are very unlikely to falsely accuse". This is, of course, stated as fact, as though there is universal legal agreement on this point. (Hint - there isn't - there are plenty of studies that find well more than 2% of cases involve false accusations - as the authors point out)

By application of Occam's razor, why not just formally shift the burden of proof in *actual rape* cases to the man, and call it a day.


The problem is not that it is dumb


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