Justice Thomas Doesn't Get Statutory Rape

by Paul Siciliano


An interesting tidbit from Justice Thomas, in dissent, in the opinion in United States v. Kebodeaux , that was published today (the case involved the Necessary and Proper Clause but that is unimportant here) as the Justice writes: 

In March 1999, Anthony Kebodeaux had consensual sex with a 15-year-old girl when he was a 20-year-old Airman in the U.S. Air Force.  He was convicted by a court martial of carnal knowledge of a female under the age of 16. . .

An adult cannot have consensual sex with a minor because a minor cannot, legally, consent to sex.  That is one of the reasons why statutory rape is a strict liability crime.   

Is Justice Thomas subscribing to the distinction between rape and forcible rape????  Regardless, even if the young girl agreed, the sex cannot be consensual.  Justice Thomas should know that and he should not have described the crime as such.