ruby sparks
Contributor
Prosecuting Mrs. Robinson? Gender, Sexuality, and Statutory Rape Laws
https://quod.lib.umich.edu/cgi/t/te...k5583.0016.003;g=mfsg;rgn=main;view=text;xc=1
A relevant Feminist article.
It does critique the issue quite well, albeit using a Feminist lens.
And I have skimmed it, not had time to read it through thoroughly.
One thing that struck me as potentially odd was that when it came to choosing 3 case studies, the 3 chosen were (a) adult woman/boy, (b) gay man/boy and (c) adult woman/girl. I would have thought the one left out (adult man/girl) was the most common? If so, why the omission?
The article does make points elsewhere about men in general getting the raw end of the deal (for reasons suggested by the writer) so it's not entirely as if straight men are not due appropriate consideration, but perhaps the emphasis (as regards the adults) was on women and 'our fellow oppressed' (gay) men. Given the Feminist leanings of the writer, that would not be surprising, but on the whole it strikes me that this is, at least, liberal Feminism, not radical Feminism.
Looks like it left that out, because it is the common one, and it's the one the laws were initially written for. The paper is looking at how other combinations get treated.
The laws originally were gender-specific: they punished a male who had sexual intercourse with a female not his wife under the age of consent. As of August 2000, all fifty states have gender-neutral statutory rape laws, in which either a male or female may be prosecuted for engaging in sexual activity with a male or female (who is not the perpetrator's spouse) under the age of consent. While a solely heterosexual framework would assume that this was meant to prohibit sex between an older female and younger male, prosecutions under the laws have targeted homosexual relationships as well.
Considering the marital exemption, the prosecutions of same-age perpetrators (usually males), and the use of the laws against homosexual activity even as most states have decriminalized sodomy, one wonders if "age" is really the operative category in statutory rape laws. I would argue, rather, that such laws are based on—and serve to reinforce—cultural stereotypes of gender. That is, heterosexual males are perceived to be the active, aggressive, party in sexual intercourse (defined in the laws as penetration); heterosexual females as the passive, victimized, party.
This article explores the ways in which cultural narratives of sexuality work to undermine the gender-neutral language of statutory rape laws.
Yes, I can see that when it came to case studies, the writer took a limited view. But if your article is about the bit I bolded above, then why sideline by far the most common type of example?
My guess, as before, is that as a Feminist, the types chosen are closer to her concerns. Which as I said, would not be surprising, if true.