Penis control? Or vagina control?

Here's the latest news on penis control: a Model Statute has been drafted which would criminalize sex without condoms between consenting adults. (Via Glenn Reynolds.)

The crime is described as follows:

Reckless Sexual Conduct

(1). A person is guilty of reckless sexual conduct when the person intentionally engages in unprotected sexual activity with another person who is not his or her spouse and these two had not on an occasion previous to the occasion of the crime engaged in sexual activity.

(2). Affirmative Defense: Notwthstanding Subsection (1), it shall be an affirmative defense to any action brought under this article that the person, with whom the defendant had unprotected sex, expressly asked to engage in unprotected sexual activity or otherwise gave unequivocal indications of affirmatively consenting to engage in sexual activity that is specifically unprotected.

(3). Definitions:

(a) "Sexual activity" means vaginal or anal penetration accomplished with a male or with a female.

(b) "Unprotected sexual activity" means sexual activity without the use of a condom.

....

I am not advocating sex without condoms, but I think adults should be free to have whatever sexual relations they want, without the nanny state getting into details. Here's what I said in my comment to the post:

Your proposal would imprison adults for consensual sex.

I disagree, and I am reminded of a common argument advanced in favor of sodomy laws -- that people should be protected against their own bad judgment.

While reckless sex is obviously a bad idea, such conduct between two consenting adults is NOT assault -- and it should not be the business of the state to invade citizens' privacy, especially with criminal sanctions.

Furthermore, making the accused defendant prove there was consent flies in the face of a long constitutional tradition.

Not much to add, except that I'm also wondering whether the law would encourage further confusion between victim and perpetrator. If two people have sex without using a condom, under the statute are not both parties equally culpable? How is the state to determine which party was aggrieved? If you think about it, who consents? Who is supposed to ask whom to use a condom? Is the penis-wielder by definition supposed to be the assailant? Nothing in the statute suggests that. But why in logic is not a man just as much a victim of a vagina as a woman the victim of a penis? Applying condom, er, common sense, are not condoms intended to protect the man just as much as the woman? (Or in case of homosexual sex, both parties?)

Does this mean that whoever calls the police first gets to be the victim?

I'm very confused now.

It takes two to have sex, and to consent. If neither party can prove affirmative and express consent, shouldn't they both be prosecuted?

I guess this means video surveillance cameras in every bedroom.....

posted by Eric on 09.23.04 at 09:36 AM





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Comments

I have additional questions: For these purposes, do lambskins count as condoms? Also, not being a lawyer, I'm very interested in how one would go about proving that "these two had not on an occasion previous to the occasion of the crime engaged in sexual activity." Credible witnesses say they never saw them go home together? Or do we all have to take regular swabs from now on to keep in storage, lest there be no other way to prove lack of previous intimate contact with someone we're suing for sexual malfeasance?

On the other hand, it's nice to see penetration deemed something to be "accomplished." Sometimes hard work has its rewards!

Sean Kinsell   ·  September 23, 2004 01:50 PM

That has been one of my favorite fantasies, my ideal woman putting a condom over my penis, disciplining my penis. Over the last year or so, though, I find that the penis, even stiffly disciplined, is absent from nearly all my fantasies. Nearly all my fantasies these days center entirely around Lesbianism. Dawn must discipline her own clitoris by struggling against wicked Wanda's temptations to adultery, she must struggle to be faithful to her holy Negro wife Norma.



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