Government in the bedroom

In response to the relatively minimal threat of AIDS/HIV transmittal through unprotected heterosexual sex (studies indicate only a 1/300 to 1/500 chance that the woman will get AIDS from an infected male through regular unprotected coitus), the authors of the article cited above have drafted a model statute that would criminalize random sexual encounters where a condom was not used. Here are the elements of their proposed crime of "reckless sexual conduct":

A new crime of “reckless sexual conduct” should target unprotected first encounters. To convict, prosecutors would need to show beyond a reasonable doubt (i) a first-time sexual encounter between the defendant and the victim; and (ii) no use of a condom. The defendant would then have the opportunity to prove, by a preponderance of the evidence, that the victim consented to the unprotected sex.

In other words, the authors are trying to legislate sexual behavior through the criminal code and would allow any first-time sexual encounter (sans condom) to become a potential crime. This is a heinous use of governmental power -- a 1984 for the bedroom.