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	<title>Comments on: GAY RAPE: OK</title>
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		<title>By: jen</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2560</link>
		<dc:creator>jen</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2560</guid>
		<description>James,

I&#039;ll say it again...rape is rape is rape. It doesn&#039;t matter who is raped, it&#039;s a violent sexual act whether it&#039;s perpetrated against a man or woman. Both are going to be scarred - emotionally, physically, and sexually. So I disagree with your assessment that a hetero male that is raped by a man is going to suffer more than a female that is raped by a man. The suffering may be different but not more or less.</description>
		<content:encoded><![CDATA[<p>James,</p>
<p>I'll say it again...rape is rape is rape. It doesn't matter who is raped, it's a violent sexual act whether it's perpetrated against a man or woman. Both are going to be scarred - emotionally, physically, and sexually. So I disagree with your assessment that a hetero male that is raped by a man is going to suffer more than a female that is raped by a man. The suffering may be different but not more or less.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2561</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2561</guid>
		<description>Look at it this way: You&#039;re being assualted and intimidated in both circumstances.  In one, you&#039;re being forced to do something that, under other conditions, you find pleasurable.  In the other, you&#039;re being forced to do something you find absolutely repugnant.  Which is worse?</description>
		<content:encoded><![CDATA[<p>Look at it this way: You're being assualted and intimidated in both circumstances.  In one, you're being forced to do something that, under other conditions, you find pleasurable.  In the other, you're being forced to do something you find absolutely repugnant.  Which is worse?</p>
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		<title>By: jen</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2562</link>
		<dc:creator>jen</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2562</guid>
		<description>James, you&#039;re making a large assumption about the female rape victim.

1. You&#039;re assuming she&#039;s had sex before. Many women&#039;s first sexual experience (if you can call it that) is rape. I don&#039;t have statistics, but I&#039;m sure it&#039;s a pretty representative number. So if that&#039;s the case, then she has no idea that sex would otherwise be pleasurable.

2. You&#039;re assuming she&#039;s enjoyed sex before. I think that&#039;s pretty self explanatory. Believe it or not, there are some women who have never had a pleasurable sexual experience.

Why do you think that a woman being raped by a man doesn&#039;t find that repugnant? I will tell you this, there&#039;s not much that I fear - but I am terrified of being raped. It&#039;s the most dehumanizing form of violence a man can do to a woman (or another man for that matter). And it&#039;s not about sex, really - it&#039;s about power, violent power over the victim - using a &quot;weapon&quot; that will cause a lot of psychological damage. Many women never recover from it enough to have a normal sexual attitude or relationship.</description>
		<content:encoded><![CDATA[<p>James, you're making a large assumption about the female rape victim.</p>
<p>1. You're assuming she's had sex before. Many women's first sexual experience (if you can call it that) is rape. I don't have statistics, but I'm sure it's a pretty representative number. So if that's the case, then she has no idea that sex would otherwise be pleasurable.</p>
<p>2. You're assuming she's enjoyed sex before. I think that's pretty self explanatory. Believe it or not, there are some women who have never had a pleasurable sexual experience.</p>
<p>Why do you think that a woman being raped by a man doesn't find that repugnant? I will tell you this, there's not much that I fear - but I am terrified of being raped. It's the most dehumanizing form of violence a man can do to a woman (or another man for that matter). And it's not about sex, really - it's about power, violent power over the victim - using a "weapon" that will cause a lot of psychological damage. Many women never recover from it enough to have a normal sexual attitude or relationship.</p>
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		<title>By: kai</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2563</link>
		<dc:creator>kai</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2563</guid>
		<description>dude thats just  messed up big time</description>
		<content:encoded><![CDATA[<p>dude thats just  messed up big time</p>
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		<title>By: The Bemusement Park</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2564</link>
		<dc:creator>The Bemusement Park</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2564</guid>
		<description>&lt;strong&gt;WELL, &lt;i&gt;THAT&lt;/i&gt; DIDN&#039;T TAKE LONG&lt;/strong&gt;
James Joyner reports on a Kansas statutory rape case that was remanded to a lower court &quot;for further consideration in light of Lawrence v. Texas.&quot; James is justifiably perplexed:Now, wait a minute. The ruling from Lawrence was: Held: The Texas...</description>
		<content:encoded><![CDATA[<p><strong>WELL, <i>THAT</i> DIDN'T TAKE LONG</strong><br />
James Joyner reports on a Kansas statutory rape case that was remanded to a lower court "for further consideration in light of Lawrence v. Texas." James is justifiably perplexed:Now, wait a minute. The ruling from Lawrence was: Held: The Texas...</p>
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		<title>By: The Bemusement Park</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2565</link>
		<dc:creator>The Bemusement Park</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2565</guid>
		<description>&lt;strong&gt;WELL, &lt;i&gt;THAT&lt;/i&gt; DIDN&#039;T TAKE LONG&lt;/strong&gt;
James Joyner reports on a Kansas statutory rape case that was remanded to a lower court &quot;for further consideration in light of Lawrence v. Texas.&quot; James is justifiably perplexed:Now, wait a minute. The ruling from Lawrence was: Held: The Texas...

---</description>
		<content:encoded><![CDATA[<p><strong>WELL, <i>THAT</i> DIDN'T TAKE LONG</strong><br />
James Joyner reports on a Kansas statutory rape case that was remanded to a lower court "for further consideration in light of Lawrence v. Texas." James is justifiably perplexed:Now, wait a minute. The ruling from Lawrence was: Held: The Texas...</p>
<p>---</p>
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		<title>By: jen</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2541</link>
		<dc:creator>jen</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2541</guid>
		<description>I take exception to your comment:

&lt;i&gt;Now, granted, a 17-year sentence seems rather excessive for oral sex. And I&#039;d need to know more about the case in question before I&#039;d want to pronounce a sentence here.&lt;/i&gt;

Rape is rape is rape - it it a violent act perpetrated on another person. In the case where a child/minor is raped, then the sentence should be &lt;i&gt;tougher&lt;/i&gt;. You&#039;re implying that forcing a minor to perform oral sex isn&#039;t as heinous a form of rape than if it were sodomy. All forced sexual acts are against the law, and in the case of minors, the book should be thrown at their rapists.

17 years seems like a short sentence to me, no matter what the case details.</description>
		<content:encoded><![CDATA[<p>I take exception to your comment:</p>
<p><i>Now, granted, a 17-year sentence seems rather excessive for oral sex. And I'd need to know more about the case in question before I'd want to pronounce a sentence here.</i></p>
<p>Rape is rape is rape - it it a violent act perpetrated on another person. In the case where a child/minor is raped, then the sentence should be <i>tougher</i>. You're implying that forcing a minor to perform oral sex isn't as heinous a form of rape than if it were sodomy. All forced sexual acts are against the law, and in the case of minors, the book should be thrown at their rapists.</p>
<p>17 years seems like a short sentence to me, no matter what the case details.</p>
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		<title>By: O. F. Jay</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2542</link>
		<dc:creator>O. F. Jay</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2542</guid>
		<description>Wait wait wait a minute!!! What&#039;s going on with the SCOTUS? Lawrence v. TX has no bearing with this... the same statuory rape laws regarding sex with minors apply here.

Agreed, James! This isn&#039;t license for NAMBLA to rejoice.</description>
		<content:encoded><![CDATA[<p>Wait wait wait a minute!!! What's going on with the SCOTUS? Lawrence v. TX has no bearing with this... the same statuory rape laws regarding sex with minors apply here.</p>
<p>Agreed, James! This isn't license for NAMBLA to rejoice.</p>
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		<title>By: John Lemon</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2543</link>
		<dc:creator>John Lemon</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2543</guid>
		<description>I agree fully with Jen.  As the father of a son who will someday be 14, I think 17 years ain&#039;t even a fraction of the time he deserves.</description>
		<content:encoded><![CDATA[<p>I agree fully with Jen.  As the father of a son who will someday be 14, I think 17 years ain't even a fraction of the time he deserves.</p>
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		<title>By: Mark Hasty</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2544</link>
		<dc:creator>Mark Hasty</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2544</guid>
		<description>I&#039;ve commented on this at my site.  Basically, looking further at the facts of the case, I think there &lt;i&gt;is&lt;/i&gt; an equal-protection violation here, in that Kansas law provides lesser sentencing options for heterosexual statutory rape than it does for homosexual statutory rape.  In light of &lt;i&gt;Lawrence v. Texas&lt;/i&gt;, that&#039;s clearly not going to be permitted any more.</description>
		<content:encoded><![CDATA[<p>I've commented on this at my site.  Basically, looking further at the facts of the case, I think there <i>is</i> an equal-protection violation here, in that Kansas law provides lesser sentencing options for heterosexual statutory rape than it does for homosexual statutory rape.  In light of <i>Lawrence v. Texas</i>, that's clearly not going to be permitted any more.</p>
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		<title>By: Mark Hasty</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2545</link>
		<dc:creator>Mark Hasty</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2545</guid>
		<description>Oh, and &quot;developmentally disabled&quot; is PC for &quot;mentally handicapped,&quot; or, if you prefer, &quot;retarded.&quot;  But &lt;i&gt;not&lt;/i&gt; &quot;criminal.&quot;</description>
		<content:encoded><![CDATA[<p>Oh, and "developmentally disabled" is PC for "mentally handicapped," or, if you prefer, "retarded."  But <i>not</i> "criminal."</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2546</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2546</guid>
		<description>Mark:

But Lawrence isn&#039;t based on the equal protection clause, but on the due process clause and the &quot;right of privacy.&quot;

And, while I think consensual adult sodomy should be permissible, I&#039;d argue that nonconsensual homosexual conduct is worse than its heterosexual counterpart.</description>
		<content:encoded><![CDATA[<p>Mark:</p>
<p>But Lawrence isn't based on the equal protection clause, but on the due process clause and the "right of privacy."</p>
<p>And, while I think consensual adult sodomy should be permissible, I'd argue that nonconsensual homosexual conduct is worse than its heterosexual counterpart.</p>
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		<title>By: Mark Hasty</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2547</link>
		<dc:creator>Mark Hasty</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2547</guid>
		<description>James:

When the court said &quot;in light of&quot; &lt;i&gt;Lawrence&lt;/i&gt;, they were telling the lower court to read between the lines.

Likewise, I&#039;d argue against the claim that privacy and due process were the sole bases for the ruling the court made, in light of this from Kennedy&#039;s opinion:

&lt;i&gt;Far from possessing &quot;ancient roots,&quot; ibid., American laws targeting same-sex couples did not develop until the last third of the 20th century. Even now, only nine States have singled out same-sex relations for criminal prosecution. Thus, the historical grounds relied upon in Bowers are more complex than the majority opinion and the concurring opinion by Chief Justice Burger there indicated. They are not without doubt and, at the very least, are overstated. The Bowers Court was, of course, making the broader point that for centuries there have been powerful voices to condemn homosexual conduct as immoral, but this Court&#039;s obligation is to define the liberty of all, not to mandate its own moral code, Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 850. The Nation&#039;s laws and traditions in the past half century are most relevant here. They show an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.&lt;/i&gt;

Sounds to me like Kennedy&#039;s saying any laws proscribing homosexual acts are, at best, suspect, and the Supreme Court is not going to permit homosexual and heterosexual conduct to be regarded differently under the law--even when criminal sexual conduct is involved.  The &lt;i&gt;de facto&lt;/i&gt; result of &lt;i&gt;Lawrence&lt;/i&gt; may well be that those who engage in homosexual conduct are now granted equal protection under the law.  Maybe not in reality, but that&#039;s how the court is signaling its future interpretation will come down.

It was fortuitous for Matthew Limon that his case was heard today and not, say, Wednesday.</description>
		<content:encoded><![CDATA[<p>James:</p>
<p>When the court said "in light of" <i>Lawrence</i>, they were telling the lower court to read between the lines.</p>
<p>Likewise, I'd argue against the claim that privacy and due process were the sole bases for the ruling the court made, in light of this from Kennedy's opinion:</p>
<p><i>Far from possessing "ancient roots," ibid., American laws targeting same-sex couples did not develop until the last third of the 20th century. Even now, only nine States have singled out same-sex relations for criminal prosecution. Thus, the historical grounds relied upon in Bowers are more complex than the majority opinion and the concurring opinion by Chief Justice Burger there indicated. They are not without doubt and, at the very least, are overstated. The Bowers Court was, of course, making the broader point that for centuries there have been powerful voices to condemn homosexual conduct as immoral, but this Court's obligation is to define the liberty of all, not to mandate its own moral code, Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 850. The Nation's laws and traditions in the past half century are most relevant here. They show an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.</i></p>
<p>Sounds to me like Kennedy's saying any laws proscribing homosexual acts are, at best, suspect, and the Supreme Court is not going to permit homosexual and heterosexual conduct to be regarded differently under the law--even when criminal sexual conduct is involved.  The <i>de facto</i> result of <i>Lawrence</i> may well be that those who engage in homosexual conduct are now granted equal protection under the law.  Maybe not in reality, but that's how the court is signaling its future interpretation will come down.</p>
<p>It was fortuitous for Matthew Limon that his case was heard today and not, say, Wednesday.</p>
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		<title>By: Meezer</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2548</link>
		<dc:creator>Meezer</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2548</guid>
		<description>I was afraid there would be problems with that ruling someday, down the road, on some monor points, but this takes my breath away. Did I wander into another dimension again (my husband hates when I do that)?</description>
		<content:encoded><![CDATA[<p>I was afraid there would be problems with that ruling someday, down the road, on some monor points, but this takes my breath away. Did I wander into another dimension again (my husband hates when I do that)?</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/gay_rape_ok/comment-page-1/#comment-2549</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=2191#comment-2549</guid>
		<description>Mark:  In light of today&#039;s ruling, it may well be.  Indeed, I&#039;d have preferred that Lawrence have been decided on equal protection grounds rather than the bizarre reasoning they used.

Kennedy&#039;s passage you cite was in context of evaluating rational basis, I think.</description>
		<content:encoded><![CDATA[<p>Mark:  In light of today's ruling, it may well be.  Indeed, I'd have preferred that Lawrence have been decided on equal protection grounds rather than the bizarre reasoning they used.</p>
<p>Kennedy's passage you cite was in context of evaluating rational basis, I think.</p>
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