A PROPOSED LAW AGAINST “RECKLESS SEX:” “To convict, prosecutors would need to show beyond a reasonable doubt (i) a first-time sexual encounter between the defendant and the victim; and (ii) no use of a condom. The defendant would then have the opportunity to prove, by a preponderance of the evidence, that the victim consented to the unprotected sex.”

UPDATE: Er, no, I’m not uncritically repeating proposals from the religious right. Follow the damn link. More commentary here: “Starting off, however, it is pretty clear from past experience (say AIDS/HIV) that the criminal law is a paticularly crappy way to deal with health problems (and health issues have to motivate here or there would be little point to required use of a condom). In adddition the suggested correlation of first time encounters without condoms and coercive sex is (a) speculative and (b) too poor a relation to support use of the criminal law.” I’m inclined to agree, though I haven’t read the paper in question.

ANOTHER UPDATE: A law student offers a counter-proposal.

And here’s another counter-proposal, designed to deter unplanned pregnancies.

MORE: I think Clayton Cramer likes the idea, though.