Would a kind anon help me destroy this spin? Not much of a lawfag
On page 102, the report recommended removing the phrase “carnal knowledge of any female, not his wife who has not attained the age of sixteen years” and replacing it with “a Federal, sex-neutral definition of the offense patterned after S. 1400 section 1633”.
The report goes on to quote directly from S. 1400, which was a proposed Senate bill ( here ) under which a person would be guilty of an offense if they compelled someone else to take part in sex by force or threats, by drugging or intoxicating them, or if “the other person is, in fact, less than 12 years old”.
Bader Ginsburg was arguing in the report for a broader, gender-neutral definition of rape. The passage that her critics cite as evidence she favored lowering the age of consent is actually a quote from a proposed Senate bill, not from Bader Ginsburg. The focus of Bader Ginsburg’s argument was not on the age of consent, but on removing an antiquated definition that assumed only women could be targets of sexual assault.
Bader Ginsburg had put forward the same argument in an earlier report, “The Legal Status of Women under Federal Law”, co-authored with Brenda Feigen Fasteau in 1974. Once again, the paper quotes directly from the 1973 Senate bill, S. 1400, as providing “a definition of rape that, in substance, conforms to the equality principle”.