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Pastimes : Don't Ask Rambi

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To: Gauguin who wrote (9750)4/14/1998 5:56:00 PM
From: DScottD   of 71178
 
Don't forget; statutory rape is a strict liability offense, so it doesn't matter if the sex is consensual. He who penetrates has lost, so to speak. Or, as we used to say in high school, 15 will get you 20!

And all the decision stands for, I think (puhlease correct me if I'm wrong) is that a minor defendant in a statutory rape case in California cannot assert that the S.R. statute is unconstitutional as an invasion of privacy, even when applied to a case of two consenting minors, because there is no fundamental right to privacy when it comes to the bedroom (or more likely, back seat) behavior of people under 18.

If one of the players is over 18, then the state's compelling interest in protecting the virginity of its youth overrides any fundamental right to privacy one over 18 enjoys in the deployment of his or her genitals.

At least that's what my Con Law professor would have said.
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