Article:
Frances Olsen, Statutory Rape: A Feminist Critique of Rights
Analysis, 63 Texas L. Rev. 387 (1984).
Abstract:
In “Statutory Rape,” Professor Olsen focuses on the debate
between the rights of security and freedom in the context of
statutory rape law. Olsen uses the statutory rape laws to
examine rights analysis and the critique of rights and evaluate
the relevance of both to women’s struggles. She examines
feminist criticism of the case Michael M. v. Superior Court, in
which the Supreme Court upheld a gender-based statutory rape
provision. Through this analysis, she explores both the appeal
of rights analysis and its very serious limitations. Finally,
Olsen speculates about new approaches to sexuality and the legal
problems associated with it.