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Feminist Author James Sterba Wants to Jail Men for Not Using a Condom

2007-12-06
By

In general I see feminists as merely misguided and not intentionally malevolent, but there are some times when it’s hard. This is one of those.

According to www.infozine.com, in this recent debate, Notre Dame philosophy professor and pro-feminist author James Sterba (pictured) expressed the following sentiments:

“Sterba, for example, wants to strengthen the legal definition to make it easier to prosecute cases in which the woman is drunk or the victim of ‘emotional coercion.’ And, to the bemusement of the audience, he introduced an idea to criminalize the first act of unprotected sex between non-married individuals.

“‘You could be charged with a crime of reckless sex,’ he said…

“He defended the idea, which he said was not originally his own, for both its use in deterring date rape and the spread of sexually transmitted diseases.”

Sterba wasn’t just tossing out an idea off the top of his head–a couple years ago law professors Ian Ayres and Katherine Baker proposed the crime of “Reckless Sex,” wherein a “defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom.”  The penalty for the “guilty” man would be up to six months in jail. The authors say their proposal would help increase condom use and the “quality of communication in first sexual encounters” and thus “reduce the spread of sexually transmitted disease and decrease the incidence of acquaintance rape.”

It is hard to see feminists as being well-intentioned when they want to criminalize men and boys for not using a condom, for getting drunk and having sex, or for having sex after using “emotional coercion.” I listen to stuff like this and think of my 15-year-old son and shudder. Think of it–if my son has sex without a condom, or with a girl who claims he “emotionally coerced” her, and Sterba, Ayres, and Baker want him to go to prison.

We debated this issue with Baker on His Side with Glenn Sacks a couple years ago–to listen to the show, see Criminalizing ‘Reckless Sex’–Safeguard for Women or New Way to Herd Men Into Jail?

To learn more:

Ian Ayres and Katherine Baker: A Separate Crime of Reckless Sex

Can the Law Regulate Sex?: Katherine Baker and Cheryl Hanna debate

Criminalizing Reckless Sex (New York Times, 12/12/04)

TalkLeft on Reckless Sex

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  • fourthwire

    European nations have made greater progress in STD (including HIV/AIDS) prevention through EDUCATION, rather than CRIMINALIZATION of that part of the population born with penises instead of vaginas.

    That progress is directly attributable to their education of “safer sex”.

    The U.S. has a five-fold increase in heterosexual transmission of HIV/AIDS over Europeans.

    And one possible contributing factor to the European’s apparently more widespread use of condoms relates to their societies’ refusal to support widespread neonatal male genital mutilation procedures.

    Condoms are more likey to fall off of a circumcised penis, and American men are less likely to USE condoms (the most effective line of defense against STD’s) probably because of the lack of sensitivity most of them already endure.

    Circumcised men are also significantly more likely to engage in risky sexual behavior such as anal intercourse, possibly in an effort to compensate for desensitization.

    http://www.math.missouri.edu/~rich/MGM/primer.html

    Perhaps Sterba ought to consider that instead of threatening America’s men with even more criminalization to fight STD transmission, that simply providing America’s boys with the same protection of genital integrity as our girls have would provide superior results.

    And apparently men’s use condoms (which is a form of birth control as well as STD prevention) would be mandatory in his misandry-ridden fantasies…….

    …. while no doubt he supports women’s “choices”, not to mention their perpetual victimhood.

    A male feminazi………

  • college activist

    dc father..
    When I briefly considered studying Philosophy during my college days, but quickly rejected it as a path to nowhere, it looks like I was even more correct than I thougth I was about the decision. This guy is extremely pathetic.

    ..Be gratefull you didn’t study philosophy, because then you may have been culturally forced into assuming Academic feminist doctrine or be de-facto..fired!!

    ..I know a few male college professors that are on the path to an early stroke..simply for being a male proffessor on their campus!!…no-joke!!

  • mruffolo
  • http://www.decriminalizefatherhood.com DcFather

    Questions:

    Would women who fail to report such “criminal” activity be subjected to prosecution for failure to report a crime, or, would it, like all feminist jurisprudence, be “her choice” as to whether or not a crime has been committed? In other words, is this just another tool to make the judiciary a pawn for malicious and vindictive women?

    Would homosexual men be prosecuted as well, or is this another “only women can be victims” crime?

    What if lesbians share a dildo without putting a condom over it? Does their type of genitalia make them immune from prosecution?

    What if, as happens in about half of the cases of STD transmission, she gives him a disease? Is she still the “victim”, or will the male still be prosecuted?

    When I briefly considered studying Philosophy during my college days, but quickly rejected it as a path to nowhere, it looks like I was even more correct than I thougth I was about the decision. This guy is extremely pathetic.

  • http://www.decriminalizefatherhood.com DcFather

    What this guy (unintentionally?) informs anybody unfortunate enough to to hear his views of is how totally desperate the rights-based-on-gender crowd is in coming up with new ideas to criminalize maleness.

    But women in particular are susceptible to ideas regarding government intrusion into and control over everything, especially when it involves discrimination in their favor, so he might even get a few supporters.

  • Ed

    Good grief, theres no end to this sillyness. Did this Joe Biden wanna be sissyboy think of writing abook about false false paternity accusations and instituting a criminal statute for that? How about one for false allegations of rape? Maybe one that actually punishes women for murder of their husbands? This arse kssing of women in Amerika , actually any minority, most especially the 53% minority, has no bounds. We have me the enemy….

  • Artfldgr

    said the frog “is it getting wam in here?”

  • daveinga

    the football team doesn’t appear to be the only thing gone to pot at ND these days. has anyone checked the water for contaminants lately?

  • jackal1994

    If they were so concerned about STD’s you’d think they would introduce this incrementally by people that do the “most harm” in spreading STD’s.

    How about maybe prosecuting people who lie about having aids and actually infect their lovers/previous lovers as a consequence? Once again we see feminists trying to institute laws that can ONLY be brought to bear against men, and ONLY by women (probably with ill-intent) even if that law has NOTHING TO DO with fixing the problem they purport to be “so concerned about!”. This is symbolic of how feminists are 21st century thinkers with the exception of sex. When it comes to sex it’s still a gift women give to men. This antiquated concept is riddled through their thinking and mind-set.

    Not to mention that this law incriminates men with no relation to WHETHER YOU SPREAD a STD! Classic enabling of women with bad intentions to use YET ANOTHER witch-hunt power to drag men away because (sniffle) they didn’t call back after a one-night stand.

  • fourthwire

    Sterba is yet another male femnazi, ready willing and eager to criminalize more men and boys for sexual offenses.

    As posters on this thread have already noted, if that vaginized pile of puke gets his way, men are held to greater levels of sexual responsibility than women (who are of course simply seen as potential victims).

    In the end, men will be criminalized for simply having heterosexual intercourse if feminazis like Sterba get their way.

    May he be one of the first ones up against the wall after the gynocracy falls!………..

  • metalman

    Just another example of an academic mangina trying to keep his tenure.

    The West is done. I’m saving up funds to get the hell out of here.

  • mruffolo

    Academic and government feminists need each other. I expect Sterba to get more government grants (read: money) to research feminist concerns so that the government can use in congressional meetings that justify additional anti-male legislation.

    The motto on Sterba’s school web site is “Defending Preferences, Defending Affirmative Action”

    http://sun3.lib.uci.edu/~scctr/philosophy/sterba.html

    After women got the right to vote, drive a car, and own property and other rights outside the home instead of closing up shop with a job well done, feminists demand additional powers that result in fining and or jailing men.

  • college activist

    …This man will not be portrayed as the hero..”protector of women” he wants us to think he is!!

    ..These men’s sense of missplaced, and perverted chivalry…Is the fuel for anti-male hysteria that is choking the younger generation of males!!

    ..As the “falselly accussed” generation starts to trickle into politics, you’re missplaced, and perverted sense of chivallry will be lifted, and women who make false rape accussations will be jailed!!

    ..These men who fueled this anti-male hysteria..(to feed their perverted sense of chivalry)…may then be called on the carpet!!

  • GreatMRNI

    This is another feminist mangina trying to control every aspect of human life. We don’t need more laws regulating more people, we need less. More freedom, fewer laws, he should be ashamed of himself for even suggesting such a law.

  • wtexas

    Opponents of stricter voting regulations, when addressing the desire for all voters to have ID, will say its unfair to the poor to be forced to spend money on obtaining an ID. If they ever try to get a “reckless sex” law passed, this same argument could be used that it discriminates against the poor, the homeless, and the “undocumented migrant”, forcing them to buy condoms.

  • bolwriter

    The apparently never-ending desire to imprison men ever more easily and for an ever-increasing number of offenses has long been one of the most distrubing aspects of feminism. It started with ending the marriage defense to a rape claim. That I bought and still do, but it’s gone a lot further. If the woman has had an alcoholic beverage it’s rape according to some, but if the man is drunk the woman isn’t guilty of anything. Now this professor wants to criminalize the non-use of a condom. Again, where is the woman in all this? Why is there no duty placed on her to refuse sex if the man doesn’t use a condom? And if she refuses and he forces sex on her, it’s rape in the traditional sense, so why do we need a new law?

    As ever, men are portrayed as active and corrupt while women are portrayed as passive and innocent. That’s not only factually wrong, it militates against what feminists used to say they wanted – gender equality.







Right.

Man up.

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