I’ve said this in a couple of other Foley-related threads, so i hope the people from those threads will forgive me if i seem to be a broken record on this issue, but…
16 and 17 is NOT “underage” in the District of Columbia, where Rep. Foley engaged in most (perhaps all) of his dubious activities.
I’m not excusing the guy. As i’ve said elsewhere, i believe that this sort of behaviour in any sort of work environment is completely inappropriate, involving as it does inequities of power and the potential for exerting undue influence on people in subordinate positions. It’s sexual harassment, plain and simple.
But the DC code defines a child, for the purposes of sex and sex-related legislation, as someone who has not yet attained the age of 16 years. By my count, over half the states in the union also set 16 as the age of consent.
Admittedly, the DC law regarding age of consent applies to male/female sex, and says nothing specifically about homosexual sex. But DC laws against homosexual intercourse were repealed some time ago, so i think it’s reasonable to place gay sex and straight sex on the same level in this discussion.
i’m not arguing that Foley did nothing illegal. After all, there are, for example, federal laws that prohibit solicitation of sexual acts with anyone under the age of 18 over the internet or other electronic devices, if such communication crosses state lines. It’s possible that Foley broke those laws, and other similar ones.
There are also laws—stupid and hypocritical, in my opinion—that define child pornography as sexual representations of people under the age of 18, even when the age of consent is 16. We had a thread a year or so ago about a guy charged with child pornography (i think in Indiana) for taking nude photos of a 17 year old girl. He could legally have sex with her, but not take her picture. Ridiculous.
All i’m saying, i guess, is that, while i find the idea of a 52 year old sending erotic text messages to a 16 year old a bit squicky and gross, i think that 16 is a perfectly reasonable age of consent, and plenty of jurisidictions in the US and in the Western democratic world agree with me. Foley’s acts might be a sign of lame-ass desperation or a youth fetish, but it’s not in the same league as chld molestation, in my opinion. For me, the aspect of his behaviour that makes him unfit for office is the fact that he did this on the job, with people over whom he exerted power and influence. The sex part, by itself, doesn’t really worry me at all.
Just my 2c.