CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, February 7, 2013

"Statutory Rape of 13-Year-Old Yields No Jail Time, Because of Defendant’s Cultural Insularity"

Eugene Volokh has this post at The Volokh Conspiracy. His assessment, in part:

[W]hen the claim is “I didn’t know because I was raised in an insular community,” there is reason for punishment precisely to send a message to members of insular communities (and leaders of those communities) that they need to work harder to learn the important commands of the legal system. Conversely, cutting slack to people who don’t know the law because they grew up in an insular community — or to people who claim not to know the law for this reason — reinforces the tendency of many in insular communities to focus more on following the norms of their community than trying to learn and abide by the norms of society.

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