Balkinization  

Sunday, December 12, 2004

Why Policy Should Pay Attention To First Encounter Sex

Ian Ayres

Thank you Instapundit. The New York Times writer, CHRISTOPHER SHEA, saw my earlier post on Criminalizing Reckless Sex, when Glen Reynolds linked to it. And the Times Sunday Magazine included the idea in today's "The Year in Ideas" issue:
Ayres and Baker say that raising a legal obstacle to first-time sex without a
condom would reap benefits for public health. ''The lion's share of sexually
transmitted infections are caused by first-time sexual encounters,'' they argue
on the legal-affairs Web site Balkinization. Moreover, failure to wear a condom
may amount to prima facie evidence of disdain for women: ''Few men careful
enough to use a condom are reckless enough to rape. The same recklessness that
causes men to overlook the risk of disease and pregnancy can also lead them to
overlook whether the woman has truly consented.''

Lots of people reasonably are concerned about the criminalization of sexual expression. But the core of this idea is that society needs to pay more attention to the dangers of first-encounter sex. 45% of all sexual pairings are one night stands. Getting unmarried people to use condoms the first time they had sex with someone else -- no matter what -- might make substantial progress on the fight to control sexually transmitted diseases.

Comments:

Does this include all the teenagers whose first use would not involve a condom? Is the woman in each case assumed to not have consented? Will the use of a condom be a defense against rape (given the analogy supplied)? What will the proof offered that it was a first encounter or a condom was use? Would we set up a he said/she said (for turn the "innocent" woman against the man?) situation? Will condom use be required now, even if the woman is using birth control, and it truly is a "first time" scenario?

As when this first was suggested, the problems that arise in one's mind are myriad. And, to answer the questions of some of the original post, apparently these guys are serious.
 

What is the citation for the 45% figure? It's not cited in your previous post or (as far as I can tell with a search) in the linked SSRN paper, and I find it extremely dubious. Roughly that proportion of men report having had sex on a first date, ever. Mean sexual frequency is much higher inside marriage than outside. (A few single people have lots of sex with lots of partners, but thye're rare exceptions.) For 45% of all sexual encounters to be one-night stands, there'd have to be an absolutely prodigious number of people with very high total numbers of sexual partners, to outweigh all the sex within marriage and within medium- and long-term non-marital relationships, and that's generally not what the data show.
 

Jacob, Ian said "sexual pairings", not "sexual encounters." A marriage might have hundreds of sexual encounters, but it would still only be one pairing.
 

would this require people to keep used condoms from first-time encounters until the statute of limitations from your proposed policy is expired? would it be required for women to wear dental dams if they receive oral happiness?

I could go on, but the question I have is why legislate something like this? protecting people from making mistakes seems like a noble idea, but only succeeds in providing a platform for removing more freedoms later.

here's an idea: instead of legislating protective measures, why not allow the discussion of morality based on religious principles (from a range of religions) as part of sex ed, giving kids more than just a 'wrap it up' lesson.

teach kids that sex can be dangerous physically, and introduce reasons to not have sex. or maybe just be more careful about who they are having sex with.

it's not an endorsement of religion and morality, just an open discussion of sexual mores based on historical record and a variety of viewpoints.

of course, mixing religion and morality into education may seem unpalatable to some, but it's a lot less offensive than a freezer full of scumbags, don't you think?
 

Would the proposed law be constitutional under Lawrence v. Texas? That aside, until relatively recent times, most states had fornication laws, and some still do. The proposal is in effect a fornication law with defenses of "not first time" and "used condom". Why would such a "fornication lite" law bring benefits that its more sweeping predecessor did not? Why is there any reason to imagine it would be less ignored in practice than were fornication laws when considered constitutional, or the still-common adultery laws?
 

I'm sorry, but I gotta say: this idea is, well ... incredibly dumb, and only dubiously constitutional.

1) The basic import of the law would be to shift the burden of proof in those rape cases where no condom was used to the defendant. This violates the basic due process principle that the state has the duty to prove every element of a crime. Rewording it to appear as if the crime is the unprotected sex and the presence of consent is merely an affirmative defense is pure sophistry that ignores the actual effect of such a law.

2) It sounds as if such a statute would specifically attempt to burden men with the duty of wearing condoms or being forced to prove later consent. There does not appear to be a similar constraint on women. That appears to make a prima facie case forr an equal protection violation

3) How does one prove consent? Imagine this hypothetical scenario: two college students get a little tipsy (though not enough to render one incompetent, and equally tipsy), have sex without a condom. The next morning, the female has regrets about the bad decision, talks about it to a school counselor. The counselor, for whatever overzealous reason, reports it to a cop. A prosecution ensues. The girl "victim" wants nothing to do with the case or is unavailable. Lets say she's left the country, or she's been in a car accident, or she simply refuses to testify on either side. The boy has foolishly confessed the absence of a condom in this sexual act. Should he be criminalized for being unable to procure her testimony to defend him for what is fundamentally a victimless crime?

4) Where does this claim -- "The lion’s share of sexually transmitted infections are caused by first-time sexual encounters." -- come from?

This idea strikes me as disgusting and tyrannical. We already have laws preventing sex without consent. We don't need to tamper with the fundamental principles of due process and equal protection in the name of stopping the spread of STDs.

Finally, there are better alternatives. For example: why not simply criminalize having sex with someone without informing them of a known disease? That statute would be constitutional and just, and even simple. I can write it now.

Risking Spread of Sexually Transmitable Diseases
a) It shall be a felony for a person with a sexually transmitable disease to engage in sexual contact with another when
1) The party with the sexually transmittable disease has subjective knowledge of their infection, or has knowlege of a reasonable likelihood of infection; and
2) The party with the sexually transmittable disease has not obtained informed consent from all other participants in the sexual contact
A) Such informed consent shall include a full disclosure of all sexually transmittable diseases
b) Definitions [of sexual contact and sexually transmittable disease]

Easy.
 

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Casualty insurance insures against accidents, not necessarily tied to any specific property.
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In many countries, such as the U.S. and the UK, the tax law provides that the interest on this cash value is not taxable under certain circumstances. This leads to widespread use of life insurance as a tax-efficient method of saving as well as protection in the event of early death.
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Driving School insurance provides cover for any authorized driver whilst undergoing tuition, cover also unlike other motor policies provides cover for instructor liability where both the pupil and driving instructor are equally liable in the event of a claim.
Aviation insurance insures against hull, spares, deductibles, hull wear and liability risks.
Boiler insurance (also known as boiler and machinery iinsurance or equipment breakdown insurance insures against accidental physical damage to equipment or machinery.
Builder's risk insurance insures against the risk of physical loss or damage to property during construction. Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause (including the negligence of the insured) not otherwise expressly excluded.
Crop insurance insurance use crop insurance to reduce or manage various risks associated with growing crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease, for instance."
Earthquake insurance is a form of property insurance that pays the policyholder in the event of an earthquake that causes damage to the property. Most ordinary homeowners insurance policies do not cover earthquake damage. Most earthquake insurance policies feature a high deductible. Rates depend on location and the probability of an earthquake, as well as the construction of the home
A insurance bond is a form of casualty insurance that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest acts of its employees.
Flood insurance protects against property loss due to flooding. Many insurers in the U.S. do not provide flood insurance in some portions of the country. In response to this, the federal government created the National Flood insurance Program which serves as the insurer of last resort.
Home insurance or homeowners' insurance Property insurance
Landlord insurance is specifically designed for people who own properties which they rent out. Most house insurance cover in the U.K will not be valid if the property is rented out therefore landlords must take out this specialist form of home insurance
Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways, and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes losses that can be recovered from the carrier or the carrier's insurance Many marine insurance underwriters will include "time element" coverage in such policies, which extends the indemnity to cover loss of profit and other business expenses attributable to the delay caused by a covered loss.
Surety bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism iinsurance provides protection against any loss or damage caused by terrorist activities.
Volcano insurance is an insurance that covers volcano damage in Hawaii.
Windstorm insurance is an insurance covering the damage that can be caused by hurricanes and tropical cyclones.
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Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs as a result of the dispersal, release or escape of pollutants.
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Prize indemnity insurance protects the insured from giving away a large prize at a specific event. Examples would include offering prizes to contestants who can make a half-court shot at a basketball game, or a hole-in-one at a golf tournament.
Professional liability insurance also called professional indemnity insurance protects insured professionals such as architectural corporation and medical practice against potential negligence claims made by their patients/clients. Professional liability insurance may take on different names depending on the profession. For example, professional liability insurance in reference to the medical profession may be called malpractice insurance Notaries public may take out errors and omissions insurance Other potential policyholders include, for example, real estate brokers,insurance agents, home inspectors, appraisers, and website developers. Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as "perils". An insurance policy will set out in detail which perils are covered by the policy and which are not. Below are (non-exhaustive) lists of the many different types of insurance that exist. A single policy may cover risks in one or more of the categories set out below. For example, auto insurance would typically cover both property risk (covering the risk of theft or damage to the car) and liability risk (covering legal claims from causing an accident). A homeowners insurance policy in the U.S. typically includes property insurance covering damage to the home and the owner's belongings, liability insurance covering certain legal claims against the owner, and even a small amount of coverage for medical expenses of guests who are injured on the owner's property.
Business insurance can be any kind of insurance that protects businesses against risks. Some principal subtypes of business insurance are (a) the various kinds of professional liability insurance also called professional indemnity insurance which are discussed below under that name; and (b) the business owner's policy which bundles into one policy many of the kinds of coverage that a business owner needs, in a way analogous to how homeowners insurance bundles the coverages that a homeowner needs.
Vehicle insuranceAuto insurance protects you against financial loss if you have an accident. It is a contract between you and the insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined in your policy. Auto insurance provides property, liability and medical coverage:
Property coverage pays for damage to or theft of your car.
Liability coverage pays for your legal responsibility to others for bodily injury or property damage.
Medical coverage pays for the cost of treating injuries, rehabilitation and sometimes lost wages and funeral expenses.
An iauto nsurance policy is comprised of six different kinds of coverage. Most countries require you to buy some, but not all, of these coverages. If you're financing a car, your lender may also have requirements. Most auto policies are for six months to a year.
In the United States, your insurance company should notify you by mail when it’s time to renew the policy and to pay your premium.

Home insuranceHome insurance provides compensation for damage or destruction of a home from disasters. In some geographical areas, the standard insurance excludes certain types of disasters, such as flood and earthquakes, that require additional coverage. Maintenance-related problems are the homeowners' responsibility. The policy may include inventory, or this can be bought as a separate policy, especially for people who rent housing. In some countries, insurers offer a package which may include liability and legal responsibility for injuries and property damage caused by members of the household, including pets.
Health insurance and Dental iinsurance
Health insurance policies by the National Health Service in the United Kingdom or other publicly-funded health programs will cover the cost of medical treatments. Dental insurance like medical insurance is coverage for individuals to protect them against dental costs. In the U.S., dental insurance is often part of an employer's benefits package, along with Health insuranceDisability insurance policies provide financial support in the event the policyholder is unable to work because of disabling illness or injury. It provides monthly support to help pay such obligations as mortgages and credit cards.
Disability overhead insurance allows business owners to cover the overhead expenses of their business while they are unable to work.
Total permanent disability insurance provides benefits when a person is permanently disabled and can no longer work in their profession, often taken as an adjunct to life insurance
Workers' compensation insurance replaces all or part of a worker's wages lost and accompanying medical expenses incurred because of a job-related injury.
Casualty insurance insures against accidents, not necessarily tied to any specific property.
Casualty insuranceCrime insurance is a form of casualty insurance that covers the policyholder against losses arising from the criminal acts of third parties. For example, a company can obtain crime insurance to cover losses arising from theft or embezzlement.
Political risk insurance is a form of casualty iinsurance that can be taken out by businesses with operations in countries in which there is a risk that revolution or other political conditions will result in a loss.
Life insuranceLife insurance provides a monetary benefit to a decedent's family or other designated beneficiary, and may specifically provide for income to an insured person's family, burial funeral and other final expenses. Life insurance policies often allow the option of having the proceeds paid to the beneficiary either in a lump sum cash payment or an annuity.
Annuities provide a stream of payments and are generally classified as insurance because they are issued by insurance companies and regulated as insurance and require the same kinds of actuarial and investment management expertise that life insurance requires. Annuities and pensions that pay a benefit for life are sometimes regarded as insurance against the possibility that a retiree will outlive his or her financial resources. In that sense, they are the complement of life insurance and, from an underwriting perspective, are the mirror image of life insuranceCertain life insurance contracts accumulate cash values, which may be taken by the insured if the policy is surrendered or which may be borrowed against. Some policies, such as annuities and endowment policies are financial instruments to accumulate or liquidate wealth when it is needed.
In many countries, such as the U.S. and the UK, the tax law provides that the interest on this cash value is not taxable under certain circumstances. This leads to widespread use of life insurance as a tax-efficient method of saving as well as protection in the event of early death.
In U.S., the tax on interest income on life insurance policies and annuities is generally deferred. However, in some cases the benefit derived from tax deferral may be offset by a low return. This depends upon the insuring company, the type of policy and other variables (mortality, market return, etc.). Moreover, other income tax saving vehicles may be better alternatives for value accumulation. A combination of low-cost term life insurance and a higher-return tax-efficient retirement account may achieve better investment return.
Property insurance
Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance flood insurance earthquake insurance home insurance inland marine insurance or boiler insuranceAutomobile insurance known in the UK as motor insurance is probably the most common form of insurance and may cover both legal liability claims against the driver and loss of or damage to the insured's vehicle itself. Throughout the United States an auto insurance policy is required to legally operate a motor vehicle on public roads. In some jurisdictions, bodily injury compensation for automobile accident victims has been changed to a no-fault system, which reduces or eliminates the ability to sue for compensation but provides automatic eligibility for benefits. Credit card companies insure against damage on rented cars.
Driving School insurance provides cover for any authorized driver whilst undergoing tuition, cover also unlike other motor policies provides cover for instructor liability where both the pupil and driving instructor are equally liable in the event of a claim.
Aviation insurance insures against hull, spares, deductibles, hull wear and liability risks.
Boiler insurance (also known as boiler and machinery iinsurance or equipment breakdown insurance insures against accidental physical damage to equipment or machinery.
Builder's risk insurance insures against the risk of physical loss or damage to property during construction. Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause (including the negligence of the insured) not otherwise expressly excluded.
Crop insurance insurance use crop insurance to reduce or manage various risks associated with growing crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease, for instance."
Earthquake insurance is a form of property insurance that pays the policyholder in the event of an earthquake that causes damage to the property. Most ordinary homeowners insurance policies do not cover earthquake damage. Most earthquake insurance policies feature a high deductible. Rates depend on location and the probability of an earthquake, as well as the construction of the home
A insurance bond is a form of casualty insurance that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest acts of its employees.
Flood insurance protects against property loss due to flooding. Many insurers in the U.S. do not provide flood insurance in some portions of the country. In response to this, the federal government created the National Flood insurance Program which serves as the insurer of last resort.
Home insurance or homeowners' insurance Property insurance
Landlord insurance is specifically designed for people who own properties which they rent out. Most house insurance cover in the U.K will not be valid if the property is rented out therefore landlords must take out this specialist form of home insurance
Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways, and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes losses that can be recovered from the carrier or the carrier's insurance Many marine insurance underwriters will include "time element" coverage in such policies, which extends the indemnity to cover loss of profit and other business expenses attributable to the delay caused by a covered loss.
Surety bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism iinsurance provides protection against any loss or damage caused by terrorist activities.
Volcano insurance is an insurance that covers volcano damage in Hawaii.
Windstorm insurance is an insurance covering the damage that can be caused by hurricanes and tropical cyclones.
Liability insuranceLiability insurance is a very broad superset that covers legal claims against the insured. Many types of insurance include an aspect of liability coverage. For example, a homeowner's insurance policy will normally include liability coverage which protects the insured in the event of a claim brought by someone who slips and falls on the property; automobile insurance also includes an aspect of liability insurance that indemnifies against the harm that a crashing car can cause to others' lives, health, or property. The protection offered by a liability insurance policy is twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification (payment on behalf of the insured) with respect to a settlement or court verdict. Liability policies typically cover only the negligence of the insured, and will not apply to results of wilful or intentional acts by the insured.
Directors and officers liability insurance protects an organization (usually a corporation) from costs associated with litigation resulting from mistakes made by directors and officers for which they are liable. In the industry, it is usually called for short.
Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs as a result of the dispersal, release or escape of pollutants.
Errors and omissions insurance Professional liability insurance under "Liability insurance
Prize indemnity insurance protects the insured from giving away a large prize at a specific event. Examples would include offering prizes to contestants who can make a half-court shot at a basketball game, or a hole-in-one at a golf tournament.
Professional liability insurance also called professional indemnity insurance protects insured professionals such as architectural corporation and medical practice against potential negligence claims made by their patients/clients. Professional liability insurance may take on different names depending on the profession. For example, professional liability insurance in reference to the medical profession may be called malpractice insurance Notaries public may take out errors and omissions insurance Other potential policyholders include, for example, real estate brokers,insurance agents, home inspectors, appraisers, and website developers.
 

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http://www.dreamblog.net/free/wowcheap/index.php?title=how-to-get-more-powers-as-well-as-featur&more=1&c=1&tb=1&pb=1
http://articlebusinesspro.com/test-dru/node/10979
 

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It will be true that the colors of women wear also need to be chosen carefully as the clothing they choose should match their complexion.
 

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