Tag Archives: journal of medical ethics

Moral Confusion, Sexual Behavior, and the Redefinition of Rape

Though the trend is arguably decades old, recent court cases and public events have demonstrated the apparent moral (and legal) confusion over sexual behavior in the United States (and elsewhere).  Of course, when right and wrong are decided by the tide of opinion and relativism, it’s not unforeseeable.  As noted below, the US Congress is even trying to redefine “rape” in the military context.


The Sixth Circuit Court of Appeals upheld a denial of a habeas corpus petition by Paul Lowe, a man charged with adult incest with his 22-year-old step-daughter (Lowe v. Stark County Sherriff, No. 09-3942 (6th Cir. Dec. 8, 2011)).  The decision cites a wide variety of cases, some supporting his position and many not.  The court ultimately decided (as have others) there is no fundamental right to sexual conduct, even private behavior between consenting adults.

The court also said Lowe’s complaints the law was “morality-based” were Read more