Legal Question in Civil Litigation in California

Human Predisposition to Copulate

By now, it should be common household knowledge that the human predisposition to frequently copulate, a hard-wired penchant that is particularly strong in the male of the species, leads to scenarios such as date rape or extramarital affairs that, in turn, can and will have criminal or civil legal ramifications, as described in recent questions posted here. Why then are we so distressed time and again by the sequelae of our own proclivity for copulation? Why the never-ending melodrama stemming from this natural and inevitable inclination, a disposition without which neither you nor I would have the opportunity to comment on, or debate, the subject itself?

Before any legal analysis is undertaken on what to do when a spouse is having an affair, or when a relative has been wrongly convicted of sexual assault, all parties should stipulate to the fact that human beings like to copulate -- period! There should be no illusions about that!


Asked on 6/21/08, 1:14 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Human Predisposition to Copulate

People are "predisposed" to do all sorts of things that the law forbids. The reason we have laws in the first place is to give people a disincentive to act on their natural impulses.

If left to their own devices, many people would kill their enemies, steal things they want, destroy the property of others, etc. The strongest might get away with much of this conduct, and the weakest would suffer greatly. Most of us would be somewhere in between. People would gang up on offenders in order to exact revenge, and the cycle would escalate. Society long ago decided that this was not how things should work and created laws to regulate our conduct, as well as governments to frame and enforce those laws.

That said, you make an enormous -- and offensive -- leap when you equate date rape with extramarital affairs. Rape is a physical and emotional battery. Extramarital affairs do cause emotional pain for the betrayed spouse but are not remotely comparable to rape. That is why most U.S. jurisdictions do not make it a crime to have an affair, but all make it a crime to commit a rape.

Extramarital affairs may be common, but they are not "inevitable". Rape certainly isn't. Our society expects its members to control their urges and imposes consequences on those who cannot do so. Evidently you are one of those people. That you don't like the consequences doesn't mean they should be eliminated; if anything, it suggests that they may not be severe enough.

You obviously have issues with treating women properly. Instead of wanting the legal system to change in order to accomodate your pathologies, you should recognize that you are the one whose attitude needs adjustment. In the meantime, I suggest telling any woman you want to get involved with exactly how you feel abou these issues. She will walk away at that point, and you won't need to worry about cheating on her in the future.

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Answered on 6/21/08, 4:30 pm


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