Judicial Tyranny

“But,” continues Posner—I didn’t know there were any “buts” when it comes to rape—”some rapists derive extra pleasure from the fact that the woman has not consented. For these rapists, there is no market substitute … and it could be argued therefore that, for them, rape is not a purely coercive transfer and should not be punished if the pleasure to the rapist (as measured by what he would be willing to pay—though not to the victim—for the right to rape) exceeds the victim’s physical and emotional pain.