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Re: Slate’s Noah on Graham and Ginsburg: Wrong Again



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In response to a reader’s (not Noah’s) comments, Eugene Volokh has posted a revised account of this matter in which he opines that “there’s very strong evidence” that the Ginsburg report had “an inadvertent drafting error” and that it “was probably intending” not to recommend that the age of consent be reduced to 12 but instead to propose a “graduated Romeo-and-Juliet age of consent” that would “decriminalize sex between 12-year-olds and up-to-16/17-year-olds” (and would only have lowered the maximum penalties for adults who had sex with 12-year-olds).

When I find time to address this, I will make whatever clarifications or corrections are appropriate. (As I understand Volokh’s post, it appears that the proposition that Ginsburg advocated legislative changes that would have reduced the age of consent for statutory rape under federal law from 16 to 12 rests on a drafting error in Ginsburg’s report and should instead be transformed into the proposition that Ginsburg advocated legislative changes designed to reduce the age of consent for statutory rape under federal law from 16 to 12 for offenders who were less than five years older than the target and to lower the maximum penalties for adults who had sex with 12-year-olds.)



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