Except it is, and always has been. Legislation is written by elected representatives, and then interpreted by judges when it is "tested in court". At least in the UK, we have had well meaning legislation that was universally condemned, simply because the way it was written allowed it to be interpreted in a large number of ways, some of which were very different to the original intention of the legislation. In the US, if we look at one of the most famous civil rights activists, Rosa Parks, she was seen as so successful because she was the perfect person to be used for a test of the city's segregation laws.
That said, I personally don't believe that was the case here. It seems that in many ways this prosecution was just a standard prosecution; prosecutors often ask for crazy sentences (and don't get them-, and I don't honestly believe that there was a particularly unprecedented amount of malice on the part of the prosecution.
The original party asked the Dept of Justice to drop the case. That sounds like a large amount of malice to me - they wanted to squeeze 35 years of the guy's life, even though the original "victim" decided not to go ahead with a complaint.
I thought it was only JSTOR that said that, and that MIT had not made that clear? Anyway, that wasn't really my main point. Prosecutions sometimes do define the law, that's the power of precedence.
That said, I personally don't believe that was the case here. It seems that in many ways this prosecution was just a standard prosecution; prosecutors often ask for crazy sentences (and don't get them-, and I don't honestly believe that there was a particularly unprecedented amount of malice on the part of the prosecution.