A quirk of the law: Real sex legal, cybersex not so much

[kiahzero]

This observation is mostly stolen from: http://glenngreenwald.blogspot.com/2006/09/gop-house-leadership-and-mark-foley.html

In D.C., the age of consent is 16 years old. This means that once a person has attained the age of 16, they can have sexual intercourse with someone of any age. Thus, strangely, it would have been legally acceptable (let me emphasize legally; I think it's a pretty clear case that it would not be morally acceptable) for Foley to go to a D.C. high school and pick out a senior to have a sexual relationoship with.

However, Foley did likely break federal law. Under the Adam Walsh Child Protection and Safety Act of 2006, any discussion or solicitation of sexual acts over the Internet would be illegal. Furthermore, as I understand the law, any pictures that a 16 year old would have sent Foley would be child pornography, opening up a whole additional can of worms.

So, the public policy our legal system seems to be enforcing is this: You can have sex with a 16 year old, just don't talk about it over the Internet, and don't take dirty pictures.

(As an aside to address some posts I see coming, based on past experience: Foley's actions were morally reprehensible, as he abused his position as a Congressperson to sexually harass former employees who were at a severe power disadvantage. It shouldn't need to be said, but this post should not be read as justifying his actions. I'm glad Foley was removed from the House, and from what we know so far, the leadership is almost as culpable as he is for covering it up).

[Christa]

1. What I do not get

when I watch how internet predators are caught by the police, on Chris Hansen's tv programme, no distintion is made between cybersex and real sex?

[soothsayer]

3. Right, it's like the 'thought police'. I think that stinks.

[soothsayer]

2. Foley shouldn't have passed that law and he would have been

just fine. Ok, so you don't want a congressman hitting on yer kid, but your gay son can do worse than dating a congressman, that's for sure.

[kiahzero]

5. I don't know

I think it'd be pretty hard to do worse than a tightly closeted Republican Congressman.

I don't have anything against the federal law per se, I just think it's a little bit silly that an 18 year old and a 16 year old in D.C., who could legally have sex, would be violating federal law if they later talked about the experience over IM.

[last1standing]

4. You're right but also wrong.

You have the facts correct as far as age of consent in DC is concerned but there are three other factors that come into play.

1. Since all known emails and IMs in this case were originated BEFORE the Walsh Act was passed, it doesn't affect the legality of any of the correspondence.

2. However, since the communications took place over the Internet between different states of origin, federal interstate laws come into play which define anyone under the age of 18 as a minor regardless of the age of consent in the orginating state.

3. State laws also come into effect as the age of consent in FL is 18 and is 17 in Louisiana.

Foley is screwed (and not in the way we wanted).

[kiahzero]

6. You're right about the Walsh Act

I failed to consider the date, despite typing it in my post. >.<

Your point on #2 is pretty much what I was discussing. I don't know from where the pages in question were recieving the e-mails / IMs, so I didn't know they came from states where the age of consent was above their age at the time.

[last1standing]

7. Sorry to nitpick on it.

I just wanted to make sure it was known which laws were being broken and which ones weren't because you know the repubs will use the fact that the Walsh Act wasn't enacted as an excuse to say it was no worse than Clinton.

I'm not a major fan of having each state choose it's own age of consent because of things like this. It leads to confusion and arbitrary laws. There are some states with an age of consent at 14 and others that make it legal for a girl to have sex up to two year earlier than a boy. Then, of course, there are the states that decide what age you have to be to have sex with someone of another age. It's all very confusing and potentially disasterous. I remember one case down south where a 17 or 18 year old male had sex with his girlfriend who was two years younger than him. He ended up losing his college scholarship, spent time in jail, and is currently on the state's sexual predator's list (does anyone remember the exact details?).

My real problem with foley and the rest of the repubs is that they push arbitrary laws like the Walsh Act while they are either violating the laws they're passing or turning a blind eye to those who do so. They set up a culture in DC that forces these pages to become sexual toys or face the condemnation of the most powerful people in the country. It's hypocritical and perverted.