In any case it's possible to generate much clearner counterexamples to consequentialism in the same vein as Kaplan's but without any knock-on societal effects. Imagine a man breaks into a woman's house while she's asleep, and sexually assaults her (1) without her awareness, (2) without causing any physical injury or giving her any disease (3) without her ever discovering that this had taken place. By stipulation, the act made no difference to her, physically or mentally, over her whole life. A consequentialist would be hard put to say why such an act would be wrong, given that it seems to cause no negative consequences, and often need to resort to saying some decidely non-consequentialist-sounding things, for example by making up abstract, symbolic 'consequences' (such as: "the act caused a violation of a moral norm") to yield the intuitively correct result.