Re:Richard M. Stallman resigns
by joe_the_user on Tuesday September 17, 2019 @04:08AM
(#20992805)
He draws a distinction between statutory rape (can't legally say yes according to the law, but otherwise willing and sexually mature) and forcible rape (when someone says no). He made a point about how statutory rape wouldn't be considered rape if it happened in a different location (e.g. Italy) or if the person's birthday were slightly adjusted.
One can draw a distinction between rape by physical force and rape by coercion, manipulation and deception - but it's kind of undesirable to push any kind of line that a lack of force makes this a automatically a different kind of crime. For example, sex with police officer or prison guard when someone is in custody is in many jurisdictions automatically considered to be rape because the circumstances mean a person can't really consent - and that's entirely logical. In this sense, "statutory rape" and forcible rape aren't entirely different.
Maybe one might find situations where under-aged sex isn't rape by manipulation - where you can argue consent could reasonably given (an eighteen year old with sixteen year in the same High school is hard to argue against). But the Epstein situation is clearly the wrong place to look for this.
One can draw a distinction between rape by physical force and rape by coercion, manipulation and deception - but it's kind of undesirable to push any kind of line that a lack of force makes this a automatically a different kind of crime. For example, sex with police officer or prison guard when someone is in custody is in many jurisdictions automatically considered to be rape because the circumstances mean a person can't really consent - and that's entirely logical. In this sense, "statutory rape" and forcible rape aren't entirely different.
Maybe one might find situations where under-aged sex isn't rape by manipulation - where you can argue consent could reasonably given (an eighteen year old with sixteen year in the same High school is hard to argue against). But the Epstein situation is clearly the wrong place to look for this.