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Jailbait: The Politics of Statutory Rape Laws in the United States - Review
In the first book-length study of such laws, Cocca reflects on their historical context, and, more important, she documents and analyzes important changes that legislators have enacted in the last thirty years. Drawing from scholarship on law and society, Cocca inquires into the legal system's role in constructing and regulating "cultural narratives about gender and sexuality" through statutory rape law (p. 3).
While preventing the sexual coercion of young people is "unquestionably a laudable goal," she writes, statutory rape laws actually do much more than that. They punish consensual sexual relationships that occur outside of marriage, thereby putting the weight of the law behind one particular form of sexual intimacy: marital heterosexuality.
[...]
The adoption of age-span provisions reflects sympathy for consensual heterosexual teen relationships, but the provisions address consent structurally rather than subjectively. This leaves many youths vulnerable to sexual coercion by their peers at the same time that it denies the relevance of consent outside of the age span.
As long as age operates as a proxy for consent (or the lack thereof), statutory rape law will continue to fail at least as many youth as it protects.
In the first book-length study of such laws, Cocca reflects on their historical context, and, more important, she documents and analyzes important changes that legislators have enacted in the last thirty years. Drawing from scholarship on law and society, Cocca inquires into the legal system's role in constructing and regulating "cultural narratives about gender and sexuality" through statutory rape law (p. 3).
While preventing the sexual coercion of young people is "unquestionably a laudable goal," she writes, statutory rape laws actually do much more than that. They punish consensual sexual relationships that occur outside of marriage, thereby putting the weight of the law behind one particular form of sexual intimacy: marital heterosexuality.
[...]
The adoption of age-span provisions reflects sympathy for consensual heterosexual teen relationships, but the provisions address consent structurally rather than subjectively. This leaves many youths vulnerable to sexual coercion by their peers at the same time that it denies the relevance of consent outside of the age span.
As long as age operates as a proxy for consent (or the lack thereof), statutory rape law will continue to fail at least as many youth as it protects.
