Abstract

http://ssrn.com/abstract=933380
 
 

Citations (2)



 
 

Footnotes (205)



 


 



The Intimacy Discount: Prosecutorial Discretion, Privacy, and Equality in the Statutory Rape Caseload


Kay L. Levine


Emory University School of Law


Emory Law Journal, Vol. 55, p. 691, 2006
Emory Public Law Research Paper No. 06-25

Abstract:     
Using qualitative data, I examine prosecutors' discourse regarding the effect of defendant-victim intimacy on prosecutorial understanding and handling of statutory rape cases. Prosecutors collectively and individually construct a dichotomy between exploitation and intimacy by first categorizing the behavior and status of defendants, victims, and their families, and then deploying those constructions when making case management decisions. Distinguishing between exploitation and intimacy helps prosecutors to use their resources more efficiently, to maintain credibility with the judiciary and the defense bar, and to serve substantive justice goals. But their assessments depend largely on an understanding of intimacy as privacy, as they focus more on the formal existence of a relationship than on the substance of that relationship or true equality between the partners. By sharply limiting the kinds of sexual encounters that qualify as intimate and therefore as deserving of a discount at filing or sentencing, prosecutors erect normative standards of moral character and invoke outdated sexuality norms that disadvantage vulnerable populations. Moreover, the intimacy discount shields from public and judicial scrutiny the full reach of the statutory rape law, which likely fosters its longevity in the face of controversy.

Number of Pages in PDF File: 61

Keywords: prosecutorial discretion, sex crimes, statutory rape

Accepted Paper Series


Download This Paper

Date posted: September 29, 2006  

Suggested Citation

Levine, Kay L., The Intimacy Discount: Prosecutorial Discretion, Privacy, and Equality in the Statutory Rape Caseload. Emory Law Journal, Vol. 55, p. 691, 2006; Emory Public Law Research Paper No. 06-25. Available at SSRN: http://ssrn.com/abstract=933380

Contact Information

Kay L. Levine (Contact Author)
Emory University School of Law ( email )
1301 Clifton Road
Atlanta, GA 30322
United States

Feedback to SSRN


Paper statistics
Abstract Views: 755
Downloads: 145
Download Rank: 117,627
Citations:  2
Footnotes:  205

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.297 seconds