Abstract

http://ssrn.com/abstract=1769902
 


 



Two Truths and a Lie: In re John Z. and Stories at the Juncture of Teen Sex and the Law


Michelle Oberman


Santa Clara University - School of Law

February 25, 2011

Law and Social Inquiry, Forthcoming
Santa Clara Univ. Legal Studies Research Paper No. 18-11

Abstract:     
Laws governing adolescent sexuality are internally incoherent and chaotically enforced, and legal scholarship on the subject ignores the core problem of addressing and remedying adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about the nature of adolescent sexuality both from the academic literature on the subject and also from the perspective of the adults who control the criminal justice system’s response to teens’ sexual interactions. This essay illuminates the intersection between coercive adolescent sexual encounters and the criminal justice system via an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen year-olds. Using the case as a map, I explore the broader implications of the prosecution by interviewing a variety of experts and by analyzing the contemporary literature on sexual norms among youth. Against this backdrop, I relate a series of interviews conducted with the major players involved in the prosecution: the prosecutors, the defense lawyer, the trial court judge and both appellate lawyers. Examining this single case from a variety of perspectives permits a deeper understanding of how the law endeavors to regulate adolescent sexual encounters and of why it fails.

Number of Pages in PDF File: 85

Keywords: criminal law, criminology, law & psychology, law & society, sexuality & the law, women, gender & the law

Accepted Paper Series


Download This Paper

Date posted: February 27, 2011 ; Last revised: September 1, 2011

Suggested Citation

Oberman, Michelle, Two Truths and a Lie: In re John Z. and Stories at the Juncture of Teen Sex and the Law (February 25, 2011). Law and Social Inquiry, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 18-11. Available at SSRN: http://ssrn.com/abstract=1769902

Contact Information

Michelle Oberman (Contact Author)
Santa Clara University - School of Law ( email )
500 El Camino Real
Santa Clara, CA 95053
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,112
Downloads: 296
Download Rank: 55,419

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.344 seconds