[sinkspur]

Go down to your local junior high school and survey the male students. Ask them which would be more traumatic, being raped by a woman or by a man.

They'd say the man. That would be homosexual rape.

The girls,however, would also say the man, and that would be heterosexual rape.

There is no rationale in law to decide that one is more traumatic than the other.

[stop_fascism]

Isn't that beside the point. The citizens of the state, operating through their legislature, decided that one was worse than the other. Shouldn't they be able to make that determination?

[Torie]

Well, then Limon is not really the right vehicle is it to apply the Sinkspur doctrine, because the case involved male on male. Upholding the sentence while noting that the law is unconstittional to the extent it lacks a rational basis for having a harsher sentence for lesbian rape, would be mere dictum.

[jwalsh07]

They'd say the man. That would be homosexual rape.

The girls,however, would also say the man, and that would be heterosexual rape.

There is no rationale in law to decide that one is more traumatic than the other.

Of course there is, crimes that do more harm to the victim are treated more harshly. If you agree that young boys raped by men would exhibit more trauma, physically or mentally, than young boys raped by women, then that is the all the proof you need to sentence the homosexual rapist to longer time.

If it is true that young girls suffer equal harm from homosexual and heterosexual rape, then you would treat that differently.

In either case, it isn't Anthony Kennedy's decision to make.