huge noncentral fallacy issues
Yup, I agree. That's why I remarked that I think a large majority of rapes fall into the category he's proposing should be legal, even if you adopt a relatively narrow definition of rape.
Of course, I could be wrong. (And I could have said more explicitly that "legalize some instances of X" is by no means always fairly summarized as "legalize X".)
If it's worth saying, but not worth its own post (even in Discussion), then it goes here.
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