I mean, this is a textbook example of statutory rape. He paid an underage girl $400 to show up to a party with the implication of sex, gave her cocaine and ecstasy, and then had sex with her. The state recognizes that rape can occur even if the victim was otherwise willing. The “statutory” part of statutory rape means the prosecutor is required by statute to assume a rape occurred, even if the victim does not agree with the prosecution.
The state acknowledges that there are circumstances where a reasonable person would determine that a victim wasn’t capable of consenting. To be able to prosecute these cases, the state passes statutes to assign a penalty on the assaulter for statutory rape. This statute allows the prosecution to charge for rape, even if the victim was enthusiastically consenting and/or does not feel like they have been assaulted.
For example, if a cop detains someone, then has sex with them in the back of their cruiser. A reasonable state would recognize the unfair power dynamic in this situation, and a reasonable jury member would acknowledge that the detainee was under duress when the sex occurred. Even if the detainee was enthusiastic and willing, they were legally unable to consent because of the power dynamic that was present during the sex. There’s no way of factually proving if the detainee was/is actually willing, or just playing along because the cop held an inordinate amount of power over them. And thus a reasonable state would assume the latter, and statutorily assign a penalty to the person who held the power (the cop, in this example). And this statutory penalty would be enforced by prosecuting the cop for statutory rape.
And “being too young” is one of the biggest and most (in)famous reasons that someone can’t consent. The state sets an age limit on when children can begin consenting to sex with adults. Otherwise willing children below that age are assumed to be groomed (like a 30 year old “dating” a 15 year old) or under some other kind of unfair power dynamic.
If you’re trying to say that it’s unfair that Gaetz was tricked into sex with a minor, that’s a separate discussion. He took that risk when he knowingly paid a homeless person for sex. He knew there was an inherent power imbalance. If he wanted to avoid the power imbalance, he could have used a legal brothel that has a hiring and vetting process designed to preclude underage children from being hired. Hell, he could have worked as a lawmaker to decriminalize sex work and make brothels legal in his area. He could have ensured that people (including himself) didn’t feel the need to pay streetwalkers for sex, because legal brothels were accessible.
But he didn’t do that. He sought out a sex worker who looked young, fully knowing and accepting that there were no systems in place to stop her from lying about her age, and he was willing to take on the risk of statutory rape by choosing to sleep with her.
I mean, this is a textbook example of statutory rape. He paid an underage girl $400 to show up to a party with the implication of sex, gave her cocaine and ecstasy, and then had sex with her. The state recognizes that rape can occur even if the victim was otherwise willing. The “statutory” part of statutory rape means the prosecutor is required by statute to assume a rape occurred, even if the victim does not agree with the prosecution.
The state acknowledges that there are circumstances where a reasonable person would determine that a victim wasn’t capable of consenting. To be able to prosecute these cases, the state passes statutes to assign a penalty on the assaulter for statutory rape. This statute allows the prosecution to charge for rape, even if the victim was enthusiastically consenting and/or does not feel like they have been assaulted.
For example, if a cop detains someone, then has sex with them in the back of their cruiser. A reasonable state would recognize the unfair power dynamic in this situation, and a reasonable jury member would acknowledge that the detainee was under duress when the sex occurred. Even if the detainee was enthusiastic and willing, they were legally unable to consent because of the power dynamic that was present during the sex. There’s no way of factually proving if the detainee was/is actually willing, or just playing along because the cop held an inordinate amount of power over them. And thus a reasonable state would assume the latter, and statutorily assign a penalty to the person who held the power (the cop, in this example). And this statutory penalty would be enforced by prosecuting the cop for statutory rape.
And “being too young” is one of the biggest and most (in)famous reasons that someone can’t consent. The state sets an age limit on when children can begin consenting to sex with adults. Otherwise willing children below that age are assumed to be groomed (like a 30 year old “dating” a 15 year old) or under some other kind of unfair power dynamic.
If you’re trying to say that it’s unfair that Gaetz was tricked into sex with a minor, that’s a separate discussion. He took that risk when he knowingly paid a homeless person for sex. He knew there was an inherent power imbalance. If he wanted to avoid the power imbalance, he could have used a legal brothel that has a hiring and vetting process designed to preclude underage children from being hired. Hell, he could have worked as a lawmaker to decriminalize sex work and make brothels legal in his area. He could have ensured that people (including himself) didn’t feel the need to pay streetwalkers for sex, because legal brothels were accessible.
But he didn’t do that. He sought out a sex worker who looked young, fully knowing and accepting that there were no systems in place to stop her from lying about her age, and he was willing to take on the risk of statutory rape by choosing to sleep with her.