Regulating Reckless Sex?

Allow me to point you to this lawyerly debate about regulating reckless sex [you go ahead and read, while I take a moment to suppress my gag reflex]:

Sexually transmitted diseases can't be outlawed, but can the law slow their spread? In a forthcoming article in the University of Chicago Law Review, Ian Ayres and Katharine Baker propose adding the crime of "reckless sexual conduct" to the books. Citing data that shows that STDs are transmitted with disproportionate frequency the first time two people have sex, Ayres and Baker argue first-time intercourse without a condom should be punishable by putting the perpetrator in prison for three months.

But critics are skeptical about the ability of the proposed law to deal with a range of issues, from consent (What if a woman insists a man not use a condom?) to privacy (How will courts avoid the he-said/she-said problem that plagues rape prosecutions?).

Can the law regulate reckless sex?

This, in conjunction with proposals for a national ID card, is enough to prompt one to consider moving to ... Iceland! [I don't actually know how free Iceland is, comparatively, but I'm starting to get perturbed by what's happening in our country, and I'm grasping at straws. I mean, if the U.S. ceases to be a free country, where does one move to?]


(via Instapundit)