even with consent you can still have statutory rape, though it’s debatable whether that’s a “natural” subcategory of rape
Which seems ridiculous to me. And that isn’t an objection with respect to people should being punished for what is called statuary rape. It is an objection to the crime against language!
I’d say it falls naturally out of the construction of consent, actually. Looks pretty different from a consequential perspective, but from a deontological one the only relevant problems show up around the consent-capable/consent-incapable border, or relate to what to do when both partners are considered incapable—none of which is much of a surprise if you’re using a consent criterion. I’m pretty sure there’s similar strangeness in contract law.
There’s some more or less analogous stuff going on in the earlier property-crime construction, too.
Which seems ridiculous to me. And that isn’t an objection with respect to people should being punished for what is called statuary rape. It is an objection to the crime against language!
Won’t somebody think of the statues?!
I know, the poor statues already get enough unwelcome deposits from seagulls and pigeons. They certainly don’t deserve any more!
I’d say it falls naturally out of the construction of consent, actually. Looks pretty different from a consequential perspective, but from a deontological one the only relevant problems show up around the consent-capable/consent-incapable border, or relate to what to do when both partners are considered incapable—none of which is much of a surprise if you’re using a consent criterion. I’m pretty sure there’s similar strangeness in contract law.
There’s some more or less analogous stuff going on in the earlier property-crime construction, too.