Statutory Rape in a Post Lawrence v. Texas World

Abstract

Lawrence v. Texas has spawned many different perspectives. To some, it is virtually the Magna Charta for the homosexual community. To others it is the resurgence of the salutary concept of liberty. To still others, it is the embodiment of a meaningful Establishment Clause. But what has not yet been analyzed is the creation (or reaffirmation) of an adult's constitutional right to engage in heterosexual sex in the privacy of his home.

It is the first contention of this article that such a right does now exist. Second, the author contends that the existence of such a right impacts on the law of statutory rape in at least two ways. At a minimum, it should provide a constitutional defense for an individual who engages in sexual intercourse with a person that he non-negligently believes is an adult. Beyond that, it is at least plausible that the constitutional right to be sexually active extends to some people under age eighteen. This article will explore these questions.