Jailbait (book)

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Jailbait: The Politics of Statutory Rape Laws in the United States is a 2004 non-fiction book by Carolyn Cocca, published by the State University of New York Press. It discusses the ages of consent in the United States.

Contents

Chapter 1 analyzes the general history of statutory rape policies in the U.S., while Chapters 2, 3, and 4 discuss how states revised and adopted the laws in the 1970s, 1980s, and 1990s. Each of the three other chapters discusses a particular aspect of the revisions and adoptions: Respectively they are the age revisions, gender-neutral language, and revisions related to 1990s social welfare policies concerning teenage pregnancy, race, and deadbeat fathers. [1]

Reception

Donald P. Haider-Markel of the University of Kansas concluded that the book is "a thoughtful and engaging book that connects a variety of theoretical perspectives and makes use of multiple methodological approaches in a coherent manner." [2] He argued that the book would be good for classes on public policy at the undergraduate and graduate levels. He added that he believed Cocca had overstated several of her arguments, such as those about the role of interest groups and the use of statutory rape laws as "morality politics". [2]

Related Research Articles

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Pederasty or paederasty is a sexual relationship between an adult man and a pubescent or adolescent boy. The term pederasty is primarily used to refer to historical practices of certain cultures, particularly ancient Greece and ancient Rome.

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes.

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Michael M. v. Superior Court of Sonoma County, 450 U.S. 464 (1981), was a United States Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional. The court ruled that this differentiation passes intermediate scrutiny under the Equal Protection clause because it serves an important state goal, stating that sexual intercourse entails a higher risk for women than men. Thus, the court found the law justified.

Jailbait is slang for a person who is younger than the legal age of consent for sexual activity and usually appears older, with the implication that a person above the age of consent might find them sexually attractive. The term jailbait is derived from the fact that engaging in sexual activity with someone who is under the age of consent is classified as statutory rape or by an equivalent term. The minor deemed sexually attractive is thus a temptation to an older person to pursue them for sexual relations at the risk of being sent to jail if caught.

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A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his female victim, or in some jurisdictions at least offers to marry her. The "marry-your-rapist" law is a legal way for the accused to avoid prosecution or punishment.

References

Notes

  1. Haider-Markel, p. 369.
  2. 1 2 Haider-Markel, p. 370.

Further reading