Must “sex crimes” involve “sex”?

As I asked a friend earlier, “Is this rape?”

Notorious Pervert Suspected In Walmart Toe Suck

Leaphart was arrested in February after approaching a female shopper at a Walmart in South Carolina and asking if he could kiss and smell her feet. Leaphart is pictured in the mug shot at right.

After asking the teen if her toenails were painted, Leaphart said, ‘I know this sounds crazy, but have you ever heard of America’s Funniest Home Videos?’ When the unemployed woman said she had heard of the show, the man relied that he would pay for her purchases (up to $100) if she agreed to cooperate with a “prank.”

The teen then reluctantly agreed to Leaphart’s request to take a picture of her foot. “I know this is crazy,” Leaphart then said, “but can I kiss your foot?” Cops reported that the victim agreed “under the impression it was a TV prank.”

Leaphart then guided the woman behind a clothing rack, saying, “Let’s move over here so people don’t think I’m crazy.” After dropping to the floor and grabbing the woman’s ankle, Leaphart noted, “Don’t worry, I don’t bite.”

The guy has a record as a sexual offender and there is no question that what he was doing turned him on — every bit as much as it would have had it been what most people consider actual sexual intercourse.

So from a moral perspective, he is guilty as hell.

But what about the legal aspects? He is being charged not with a sex crime but with assault. Assault is a harmful or offensive touching, and certainly it would be offensive in the minds of most people to have someone suck your toes without permission.

Well, how about hands? Suppose someone has a hand fetish? If a stranger sucks your thumb, that’s perverted, right? But suppose he merely kisses your hand? That used to be a standard way of appreciating a person of… of what? Beauty? How about a person of power?

There is clearly a difference between hands and feet. Philosophically, what is the difference? Are feet more “sexual” than hands? Why? A lot of people would think hands are more sexual than feet (for a variety of reasons). Do these questions withstand logical scrutiny, or is it insane to inject logic into what we call “perversion”? Suppose a pedophile is only turned on by clothed children. Would that make a catalogue featuring clothed children “kiddy porn”? Would legal culpability be applied to everyone who receives, say, the Macy’s catalogue? Or only those who are turned on by it? Suppose a TSA employee enjoys searching people? Suppose a doctor or a medical technician enjoys stabbing patients in the but with a hypodermic needle? Suppose a gynecologist enjoys his or her job?

What is a criminal thought, and who gets to determine it?


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5 responses to “Must “sex crimes” involve “sex”?”

  1. Simon Avatar
    Simon

    I always liked the bra ads in newspapers. Yeah. I know it is quite uncommon but I have a breast fetish. I like touching them too. But only with permission. Am I in danger?

  2. Jewel Avatar

    I hope you didn’t miss out on Vanderleun’s Great Racks day, then. As for this being rape. Arrrrgh. Our language is so polluted by feminists and communists nothing means what it is supposed to mean. She consented, after all! What I want to know is this: Is the dumb girl going to be classified as an idiot for allowing him to do this? No. Because women are not capable of being anything but helpless victims, according to the narrative.

  3. TMI Avatar

    If I tell you I received the Medal of Honor and you agree to have sex with me, is that rape or simply the product of protected speech?
    .

  4. Eric Scheie Avatar

    If I tell you I received the Medal of Honor and you agree to have sex with me, is that rape or simply the product of protected speech?

    Excellent question. Suppose we make the hypo less emotional, and say that a man tells a woman that he is a doctor or a lawyer (even though he isn’t) and it causes her to consent to sex. Suppose he assures her he isn’t married when he is. Is gaining sex under false pretenses a criminal offense? What kind of fool would have sex based on a statement of someone’s accomplishments? Yet there is a movement to criminalize lies that induce sex, and in Israel an Arab man was convicted of falsely telling a woman he was Jewish to obtain her consent:

    http://www.sodahead.com/united-states/is-lying-to-a-woman-the-same-as-rape/question-1115679/

    http://forum.bodybuilding.com/showthread.php?t=130226773&page=1

    Then there’s lying about one’s age…. Or boasting about knowing famous people…

    If a woman says she is a virgin and it turns out she wasn’t, does that mean the man who had sex with her (believing she was a virgin) was raped?

    How about sex with adults who say they are underage but who are not? There is an intent to break the law, but no crime and no real victim. How about sex with underage-looking sex robots?

  5. […] Posted on July 16, 2012 9:30 pm by Bill Quick Classical Values » Must “sex crimes” involve “sex”? What is a criminal thought, and who gets to determine […]