This may end up in either GD or the Pit, but the initial question is a factual GQ question.
Somehow, this little scandal a couple flew below the radar of the national media (either that, or I was completely ignorant of it). Essentially, two lobbyists were exchanging sexual favors for a California State assemblyman’s favorable votes, and the assemblyman in question got caught bragging about it.
My question: Is this type of exchange legal, regardless of whether or not it violates ethics rules (note that in government, rules are not the same as laws). If it isn’t illegal, then I have a more GD-ish question: Why is common prostitution (exchange of money for sex) illegal in most of the U.S., but exchange of sex for parliamentary votes isn’t? How rampant is this problem in our government?
Mods, feel free to shoot this thread to whatever forum you deem appropriate.
I can’t speak to the legality of the political issue in question (not that it matters, as a sex scandal often signals the death of a political career anyway, and certainly will in this case). But one of your questions has a simple-ish answer.
For the same reason that it’s illegal to hand a person $50 in exchange for sex, but perfectly legal to buy them a $50 dinner with sex afterward.
Speculating in GQ, but I think to trigger prostitution charges, there would have to be an explicit quid pro quo deal…I give you (something of value) for (sex act). Similar reasoning would possibly apply to bribery charges…I will give/perform (something of value/service) if you vote X on Issue Y. I think it would be difficult to prove guilt beyond a reasonable doubt, so long as both parties assert their 5th Amendment right against self-incrimination, unless there’s a video/audio recording with incriminating dialogue on it.
Whether sex is a thing of value or advantage is not clear to me… but prostitution is defined as:
I could see that votes on bills could be seen as “other consideration,” but I would certainly defer to those knowing more about what constitutes consideration.
So it may be that regardless of whether the bribery statute applies in this situation, it may be that the prostitute statute could apply. It doesn’t appear that the assemblyman faced any criminal charges, though.
