Thread by @DirkSchwenk

I'm going to take on a difficult topic. It may piss you off. It may offend you. But our ability to communicate with each other will be better if you read it, think about it, and if you think change is needed - don't attack me, advocate for better laws. Topic: Illegal Sex.

Some that read this will attack my privilege. Fine. My boy scout leader is on The List. My male English teacher kissed me on the mouth while we were doing drugs together. Another guy I knew-who was allegedly involved with said teacher-committed suicide shortly after.

But I'm as fine as anyone else. I'm also a lawyer, and a skeptic, and an easy mark for casual accusations ... and I feel that every day too. But Matt Gaetz has brought a lot of issues to the front, and we need a common language with which to talk about them.

So let's start with rape. Rape isn't one thing. It's a lot of different things - different in every state, different in every jurisdiction, different on every state of facts. And it's not just about power, it is definitely also about sex.

And for god's sake, there is a legitimate difference between forcible rape and say rape in the third degree - whatever that may be in the particular jurisdiction where it occurred. If for no other reason than the legislature said so.

And for GOD'S sake, if there is one, prison rape is not funny, it is rape and it is not part of the sentence if you are sent to prison. I fxn hate prison rape jokes. HATE.

So, Matt Gaetz and rape: thus far there are no allegations of use of force, coercion, or intoxication to the point of inability to consent, so it's not rape, unless it is defined as rape based on age.

The age of consent in FL is 18. The girl is alleged to have been 17, so statutory rape is possible, if it TOOK PLACE IN FL. FL has an age floor, 24, so if Gaetz had sex with a 17 yo, in FL, that's "unlawful sexual activity" with a minor.

If it took place in North Carolina, however, it's still not "rape" unless the child is under 15, and the perp more than 6 years older.

There's lots of felonious sex in NC, but basically none of them apply once the person involved turns 16. There is a pretty firm rule against teachers/administrators having sex with students, however.

And so, morally indefensible acts may not be crimes under state law, and they definitely may not be "rape" under state law, even if one party is only 15, 16, or 17. THIS IS WHERE FEDERAL LAW STEPS IN and this is where Gaetz is really screwed.

This is also where "a 17 year old can't be a prostitute" collides with the federal laws against "commercial sex" to create a situation in which everyone talks over each other and people start yelling at people that READ THE STATUTES.

Under federal law, irrespective of the State age of consent, COMMERCIAL SEX under 18 is a felony. And so, if Matt Gaetz paid a 17 yo in North Carolina for sex, that may meet the definition of sex trafficking a minor in federal law. Penalty worse if force, but still 10 to life

The payment does not need to be direct cash, either - any compensation like hotel rooms, travel, drugs, etc. - all of which Gaetz has admitted are sufficient to meet the definition of commercial sex.

And so, a sober 17 yo in NC that choose to have commercial sex is not (in the law) a rape victim, but the perp who gave the compensation has committed sex trafficking of a minor, and faces 10 to life.

For persons above 18, the rules are different. For Gaetz, they are also quite severe. Sex trafficking includes "transportation", "patronizing" and "soliciting" for a commercial sex act " where "which anything of value is given to or received by any person."

Trigger alert: a 17 yo choosing to, for compensation, have sex with a Congressman or his bro is very, very low on the prosecution priority list, which includes debt slavery, coercion with violence and threats, etc. If that's the charge against Gaetz, it may not go very far.

Hope alert: obstructing justice in relation to a federal sex trafficking of a minor charge has a penalty of up to 25 years.

And so, bottom line: if the women were above 18 and were compensated with hotel rooms/vacations for sex - that is technically traffickng, but is unlikely to receive priority from prosecutors - for good reason.

If the women were under 18 and the men (like Gaetz) were significantly older, that is a very serious felony under federal law. If proven, it's 10 to life, plus as much as 25 for any obstruction of justice.

If the women were under 18, and not forced, drugged or intoxicated, whether its rape will depend on: age difference between victim and perp; state where acts occurred; the specific statute in the specific state.

And so ... the woman's age and location of Gaetz's acts are of significant importance in whether he will face consequences for his very highly disturbing acts. Dirk out.

I didn't mean to pick on NC - most states have an age of consent that is lower than Florida. aspe.hhs.gov/report/statuto…