Emre

"to be established by the defendant with a preponderance of the evidence". So the defendant would have to prove his innocence. And of course, only men could possibly be guilty of this, as only men can wear condoms. That makes two fundamental principles of law violated in a single abstract.

The worst part? This proposal came from a professor of law. I weep for America.

Matt

The Department of Education is already mandating that universities' "student justice" systems throw out due process in sexual assault cases. Why not extend that to society at large?

Enter your name...

"The new law, by increasing condom use and the quality of communication in first sexual encounters..."

It would be more accurate to say that the new law will increase the incentive for condom use and communication. Whether it will actually work is unknown. Also, I wonder whether it will actually increase the incentive for documenting the communication rather than improving the actual quality of that communication. Quality improvements usually require skill improvements, not just motivation.

Loren Pechtel

This rule of 3 makes no sense for the sex-only-in-marriage types and doesn't make much sense for those who wait a long time before a relationship goes into the bedroom.

Other than those cases, though, it sounds like a good minimum standard at least.

Something I would be interested in--what are the long term epidemiological effects? Could this drive the STD spread rate down to the point that they might go extinct?

SKS

STD's are only one of the two externalities of unprotected sex, the other being unwanted pregnancies. While a select few STD's are horrifying, life-threatening and expensive, it seems that pregnancies impose the much greater cost than the vast majority of STD infections, both on society and the sexual partners. Does the Rule of 3 have a negative impact of the likelihood of unwanted pregnancies?

Cutting down the number of unprotected one-night stands will certainly decrease the number of babies viewed as "mistakes", but as being faithful alone does not lessen the blow of an unwanted pregnancy, I wonder if this rule, if adopted, would make it too easy for sexual partners to feel like it's okay to have unprotected sex after the first three times... in which case that change in behavior would have had a highly desirable impact on the spread of STDs, based on the numbers given here, but a dangerous one on unwanted pregnancies.

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Ian M

I find this hard to swallow coming from a cheater...

http://yaledailynews.com/blog/2007/10/04/law-prof-borrows-text-for-book/