Monday, October 20, 2008

Georgia: the Protectionist State

Sexual assault in Georgia isn't quite what it is in the rest of the country.

The definition of sexual assault varies by state and most prohibit subjecting another to unwanted or offensive sexual touching. In Georgia, however, the definition of sexual assault is less specific.

Georgia does not specify whether the touching must be unwanted in order to be criminal; that is, it need not be if the person committing the sexual assault: "has supervisory or disciplinary authority over another person."

Ostensibly this makes some sense: the law protects subordinates from sexual assault by supervisors. But, it also diminishes the ideal of consenting adults. To say because a person " supervisory or disciplinary power over another," that any sexual contact between them is criminal seems to violate the notion of privacy promised by the Constitution.

We have laws on the books that protect children from adults and laws that protect adults from one another. However, it isn't the role of the government to selectively protect people from participating in legal activities with whomever. Should such activities become unwanted or offensive, then perhaps there should be grounds for charges of illegality.

Until then, not so much.

0 comments: