JaNaye Schroeder
Kyle Rosas
Commenters: Marlene K, Irma M, Leigh Ann M, Ali M, Kaitlyn O, Rachel S, Karen W
Should the Law Regulate “Reckless Sex”?
Sexually transmitted diseases can’t be outlawed, but can the law slow their spread? In an article in the University of Chicago Law Review, Ian Ayres and Katharine Baker propose adding the crime of “reckless sexual conduct” to the books. Citing data that shows that STDs are transmitted with disproportionate frequency the first time two people have sex, Ayres and Baker argue first-time intercourse without a condom should be punishable by putting the perpetrator in prison for three months. Critics are skeptical about the ability of the proposed law to deal with a range of issues, from consent (What if a woman insists a man not use a condom?) to privacy (How will courts avoid the he-said/she-said problem that plagues rape prosecutions?).