Beyond Akin

The phrase “forcible rape,” which Akin claimed he ought to have used after his initial remarks became controversial, is just as wayward as his original phrase. Both the notion of “legitimate” rape and that of “forcible” rape fail to recognize that force shouldn’t be required to conclude that a rape takes place. But in too many courts across the land, it is.

James Warren nails it: the onus should be on sexual initiators to obtain consent, not on sexual responders to deny consent. Our sexual assault jurisprudence needs to come out of the dark ages.