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Re:Richard M. Stallman resigns by seanmcdirmid on Monday September 16, 2019 @11:41PM (#20991195)
But you misrepresented the legal mechanism as lacking any exceptions. That clearly isn’t true.
Re:Richard M. Stallman resigns by jakelazaroff on Monday September 16, 2019 @11:53PM (#20991310)
I'm sure there's plenty I've omitted; again, I'm explaining why "minors cannot consent", not trying to comprehensively describe statutory rape laws in the U.S.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:44AM (#20991645)
No, you specifically said:

> The law needs a bright and clear line, so you can know how not to break it.

But that isn’t true in reality for kids/adults close in age, nor is it a fixed line for every jurisdiction in the states. You actually have to know the law.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @01:08AM (#20991780)
>> The law needs a bright and clear line, so you can know how not to break it.

> But that isn’t true in reality for kids/adults close in age, nor is it a fixed line for every jurisdiction in the states. You actually have to know the law.

Of course you have to know the law. But the law is well-defined, and you can figure out with 100% certainty whether you'd be breaking local statutory rape laws given your age and your partner's.

I suppose it's possible that there exists an unclear statutory rape law somewhere in the world, but most laws are written to avoid ambiguity. Can you cite a U.S. statutory rape law where it would be ambiguous whether or not sex qualifies as rape given the parties' ages?

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @01:20AM (#20991848)
Many states have exceptions for people who are married, also age isn’t the only factor that is taken into account (mental ability is as well). There are a lot of little things like that in these laws, but the biggest one is if you go inter jurisdictional (or even extra territorial) and federal law becomes involved (must be under 16, 4+ year age difference).

Anyways, given that the girl Minsky allegedly slept with was 17, I’m not sure why the underage argument came into play at all given what I know about federal law, at least. But then IANAL. Anyways, all the articles I’ve read about Minsky in this affair say trafficking was involved but not specifically child trafficking, so I wonder if the fed’s case was based more around the trafficking and coercion aspects and not the ages of the girls involved

Also, another thing to consider: age of consent is often different when prostitution is involved, so guy could have legal consensual sex with a 16 year old, but not if they or someone else paid for it.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @01:31AM (#20991904)
This doesn’t really have anything to do with the discussion we’re having, which is that given a specific set of facts about two person it is possible to objectively deduce whether or not they are allowed to have sex.

If you have an example of a set of ambiguous statutory rape laws, please cite it. Otherwise, I think this conversation has reached a stalemate.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @01:41AM (#20991955)
I never mentioned ambiguity, you did. I claimed that the laws were nuanced and not clear cut, and I guess you are just agreeing with that?
Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @02:05AM (#20992098)
FWIW, “bright and clear” means that a law is objective and unambiguous [1], not that it’s simple or easy to apply. These laws may not be clear cut in that there are many conditions to evaluate, but they are clear cut in that you can deduce with certainly whether or not you’re breaking them.

[1] https://en.wikipedia.org/wiki/Bright-line_rule

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @03:28PM (#20999126)
Ok, I can agree we that. You might still need to be (or have knowledge of) a lawyer to determine if you are breaking the law, but at least it can be determined. I was just against the idea that these laws were somehow simple and easy to understand.