'Rape Lite': New Law for Reckless Sexual Conduct?

Two law professors have proposed a new law for "reckless sexual conduct." The propsoed new law would cover situations like the Kobe Bryant case. To convict, prosecutors would have to show beyond a reasonable doubt that a first-time sexual encounter occurred between the accused and the alleged victim, that the couple were not married to one another and that no condom was used. The accused would then have the opportunity to prove, by a preponderance of evidence, that the alleged victim consented to having unprotected sex.

See http://www.abanet.org/journal/ereport/f4conduct.html

This is an interesting proposal. The new law could cover cases like the one below, where a minsiter is accused of using fear of the devil to get women to have sex with him. The new law is wrong insofar as it is another encroachment of government into the bedroom.

http://www.signonsandiego.com/news/metro/20040918-9999-2m18pastor.html

http://www.sanluisobispo.com/mld/sanluisobispo/news/politics/9700407.htm

Chip Venie, Esq.
chipesq@hotmail.com
(619) 235-8300