Word: consenting
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...Consent v. Coercion. As Rusk sees it, the great conflict in today's world is between the "forces of consent" and the "forces of coercion"-and to yield to coercion is to invite catastrophe. "Can we build peace," he asks, "by standing aside in the face of aggression...
...What two adults consent to do in private is no concern of mine and should be none of yours...
Predictably, he protested that he honestly believed his girl to have been over 18, the California age of consent. But all the prosecution needed was that one damning fact-she was three months under 18. As a result, Hernandez was convicted, and faced up to 50 years in prison...
...from seduction, says Myers. Indeed, modern permissiveness in feminine speech, dress and deportment may well make such laws all the more important. But what if the girl is experienced or deliberately lies about her age? Along with having no defense, argues Myers, a man confronts "unrealistically high" ages of consent in most states. Delaware, to be sure, sets the age at seven, but in most other states it ranges from 16 to 18-and up to 21 in Tennessee. For statutory rape, a man can get 30 years in Connecticut, 99 years in Montana, and life imprisonment in Indiana...
...mistake of fact which disproves any criminal intent." Having recently applied that rule to bigamy, the California Supreme Court scrapped 68 years of precedents and extended it still further in reversing Hernandez's conviction. Chief Justice Roger Traynor added: "This is not to say that the granting of consent by even a sexually sophisticated girl known to be less than the statutory age is a defense. We hold only that, in the absence of a legislative direction otherwise, a charge of statutory rape is defensible wherein a criminal intent is lacking...