I agree with your entire comment above. But rape was under-prosecuted (excluding marital rape) for the reasons I&#x27;m talking about (they&#x27;re called out in several legal and law-related texts), and it&#x27;s a near-perfect exemplar of the problem, because the difference between criminal and legal conduct is so fine&#x2F;intangible.<p>We used to have underprosecution of rape because of concerns about the possible legal basis for prosecutions. I&#x27;m not sure that the spread of the reverse phenomenon, prosecutions unconcerned with their own legal basis because it&#x27;s imperative to prosecute certain terrible things regardless of the evidence, is something to cheerlead for.