Thursday, September 22, 2011
Michael H. Meidinger has posted Peeking Under the Covers: Taking A Closer Look at Prosecutorial Decision-Making Involving Queer Youth and Statutory Rape (Boston College Third World Law Journal, Vol. 1, 2011) on SSRN. Here is the abstract:
Queer youth are in a precarious position today. In comparison to their heterosexual peers, queer youth are disproportionately punished in the criminal justice system, and they may be more vulnerable to being prosecuted for statutory rape. Queer youth may be selectively prosecuted for statutory rape because prosecutors are given broad discretion in whom they prosecute and heterosexual intimacy norms may be part of their decision‐making process. In light of the significant barriers before a defendant alleging selective prosecution, especially for juvenile defenders, limited discovery orders like the one at issue in Commonwealth v. Washington may be a pragmatic way to make equitable change.