Last week the Oregon House of Representatives passed a law so graphic that proper decorum dictates that it not be discussed on this fine, upstanding media website. Fortunately we have never been fans of proper decorum here at OhMyGov!
According to the Portland Oregonian, HB 2478 "would make it a second degree sex abuse crime to propel ‘a dangerous substance at another person.' That substance being semen or other bodily fluid flung out of sexual desire."
The bill, which passed the House by a unanimous 57-0 vote without debate before moving onto the State Senate, is meant to outlaw a practice that has been described as a gang initiation ritual. The bill also outlaws "penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto." Alright you, stop snickering. This is no laughing matter we're dealing with here.
Certain sexual peccadilloes have a long history of facing opposing legislation in the United States. Prior to the landmark 2003 Supreme Court decision Lawrence vs. Texas, consensual sodomy was illegal in several states. The court's 6-3 decision, delivered by Justice Anthony Kennedy, stated that "the intimate, adult consensual conduct at issue here was part of the liberty protected by the substantive component of the Fourteenth Amendment's due process protections." Before civil libertarians get up in arms over HB 2478, it is important to note the key word in both pieces of legislation: consent.
The Oregon law only outlaws behavior which is found to be without consent. What two (or more) consenting adults do in the privacy of their home is not effected by the law. Consensual sexual contact is protected by the court's 2003 decision. Now consensual marriage between two adults of the same sex, that is apparently too touchy an issue for many lawmakers.
Beyond the inevitable jokes that will stem out of the news of HB 2478, there is a legitimate legal precedent to consider. Non-consensual or forced sexual intercourse has long been outlawed across the country; this is what would commonly be referred to as "rape." However the Oregon law outlaws non-consensual sexual contact as opposed to intercourse. Without getting too graphic about things, some of the raunchier videos you have hidden on your hard drive (don't deny it, you aren't fooling anybody) are now illegal in the Goonies State.
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