SERIOUSLY? Federal Judge Envisions ‘Right to Rape’

Judge Richard Posner, a federal judge with the 7th Circuit Court of Appeals, recently become a hero to the pro-”gay marriage” left when, by way of a “legal analysis” free from the troublesome constraints of logic, case precedent, biology, tradition and reality in general, he managed to somehow divine a long-hidden constitutional “right” for two dudes to get “married.” “How can tradition be a reason for anything?” an incredulous Posner demanded last month of attorneys defending marriage protection amendments in both Wisconsin and Indiana.

It would seem that Posner’s contempt for tradition extends to all things sexual, up to and including the puritanical presupposition that it’s always wrong for a man to rape a woman. This idea, according to Posner in his 2011 book Economic Analysis of the Law (8th edition), is evidently an equally archaic tradition that, like the institution of natural marriage, needs a significant overhaul.

Posner’s suggestion? Perhaps it’s time the government begin issuing “rape licenses” (I kid you not) since, and based upon an exclusively utilitarian and morally relative cost-benefit analysis, the “right to rape,” for some men at least, “exceeds the victim’s physical and emotional pain.”

On page 216, Posner, a Reagan appointee considered “conservative” in “progressive” circles, writes, “Rape bypasses the market in sexual relations (marital and otherwise) in the same way that theft bypasses markets in ordinary goods and services, and it should therefore be forbidden.”

OK, while this is an oddly detached and clinical start to a discussion on rape, it is, so far, not entirely unreasonable. Posner would have been well served to stop here. But, and much like those who are the subject of his rape analysis, he does not stop.

“But,” continues Posner – I didn’t know there were any “buts” when it comes to rape –

But some rapists derive extra pleasure from the fact that the woman has not consented. For these rapists, there is no market substitute … and it could be argued therefore that, for them, rape is not a purely coercive transfer and should not be punished if the pleasure to the rapist (as measured by what he would be willing to pay – though not to the victim – for the right to rape) exceeds the victim’s physical and emotional pain. There are practical objections [No, really? Practical objections to rape?] … [b]ut the fact that any sort of rape license is even thinkable [what kind of bigoted rape-o-phobe would suggest otherwise?] … is a limitation on the usefulness of that theory.

“What generates the possibility of a rape license,” he persists (hold off, fellas, they’re not available yet),

is the fact that the rapist’s utility is weighted the same as his victim’s utility. If it were given a zero weight in the calculus of costs and benefits, a rape license could not be efficient. The only persuasive basis for such a weighting, however, would be a moral principle different from efficiency.

And herein lies the rub. We all know what Posner thinks about “moral principles.” He’s a moral relativist. There are no moral principles, most especially “traditional” moral principles. I mean, “How can tradition be a reason for anything?”

But wait, there’s more. You gals trapped in one of those “traditional” marriages needn’t fret. Posner’s got you covered, too. “Marital rape?” C’mon, is there really such a thing?
“In a society that prizes premarital virginity and marital chastity [I know, sheesh, right?], the cardinal harm from rape is the destruction of those goods and is not inflicted by marital rape,” he writes.

“… The nature of the harm to the wife raped by her husband is a little obscure,” he continues.

If she is beaten or threatened, these of course are real harms inflicted by an ordinary assault and battery. Especially since the goods of virginity and of chastity are not endangered, the fact of her having intercourse one more time with a man with whom she has had intercourse many times before seems peripheral to the harm actually inflicted but is critical to making the offense rape.

“Most of the reasons for not making marital rape a crime have lost force with time,” he laments.

Of late a fanciful meme has taken root among the “progressive” left. It’s one that imagines ours as a patriarchal “rape culture”, which fosters an environment wherein women are systematically raped with impunity (especially on our nation’s college campuses).

Apparently, the solution is for chicks to pierce and tattoo themselves, declare “slut pride” and parade nude in “slut walks” across the globe. But that’s an outlier.

I finally get it. Posner is the “rape culture.” I wonder how these mouth-frothing “marriage equality” lefties will react to his permissive approach to rape. In much the same way, I suppose, they reacted to myriad accusations of sexual harassment and assault lodged against Bill “depends-on-what-is-is” Clinton. With total silence and self-serving hypocrisy.

None of this should surprise anyone. Richard Posner is a faithful disciple of Alfred Kinsey, the anti-science, anti-morality left’s sexual messiah. Kinsey was a bug doctor turned “sexologist.” Though married to a woman who took part in his many filmed “scientific” orgies, Kinsey was a promiscuous homosexual and sadomasochist. He managed to completely upend and twist the world’s perception of human sexuality in the 1950s and ’60s with his world famous “Kinsey Reports.”

Even today, most are completely unaware that…Keep Reading the Rest at: Federal Judge Envisions ‘Rape License’ for ‘Right to Rape’

Image: http://allyshorses.deviantart.com/art/Toby-s-rape-face-283852705

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Matt Barber

About the author, Matt Barber: Matt Barber is founder and editor-in-chief of BarbWire.com and an attorney concentrating in constitutional law. In addition to his law degree, Matt holds a Master of Arts in Public Policy from Regent University. Matt is both an author and a popular columnist. He’s known for a unique writing style (an entertaining blend of thoughtful analysis and Swiftian satire, delivered with a rapier wit). Many newspapers and online publications run Matt’s columns, to include WND, TheBlaze, the Washington Times, TownHall and many more. Author of the book, “The Right Hook: From the Ring to the Culture War,” Matt is currently penning his first novel. In addition to frequent public speaking engagements, Matt has appeared as a cultural analyst on the Fox News Channel, MSNBC and CNN and is a regular guest on dozens of talk radio programs and networks including Michael Savage, the G. Gordon Liddy Show, Dennis Prager, the Michael Medved Show, the Janet Mefferd Show and others. Matt also co-hosts “Faith and Freedom” a daily legal and cultural issues talk radio program heard on about 90 stations across the country. Matt served twelve years in the Army National Guard, was a law enforcement officer for three years and a corporate fraud investigator for five years. Setting him apart from others in his various fields, Matt was an undefeated heavyweight professional boxer retiring in 2004. Prior to turning pro, he was a several time state and regional Golden Gloves champion, competing in the 1992 Western Olympic Trials and winning a Gold Medal in the 1993 Police and Fire World Games. View all articles by Matt Barber

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