Yesterday, on our way back from the beach, my husband and I had a long discussion about whether or not former Florida Congressman (Rep.) Mark Foley is a pedophile. Should he be labeled a "Child Sexual Predator" or "Convicted Sexual Offender"? Had he actually had sex with a 16 year-old page, would he have been guilty of "Statutory Rape"? What about sexual offender notification laws?
We definitely agreed that if he emailed or IM'd minor congressional pages with sexually graphic language, he definitely did something inappropriate, and deserved to lose his congressional seat. However, should he also be criminally labeled (an aside, the age of consent in D.C. is sixteen)? Again, the answer was "yes", because he was in a position of power and influence.
However, my husband and I are also realistic, and we think labeling someone as a sexual criminal has, perhaps, gone too far. So we played legislator, and rewrote the child sexual predator and rape laws. We determined that a convicted, and labeled sexual offender should be:
1. Any church worker or volunteer who has sex with one under the age of 18 years old, or has contacts with such with the intent to seduce or entice...
2. Any teacher, school employee, or volunteer who has sex with one under the age of 18 years old, or has contacts with such with the intent to seduce or entice...
3. Any employer or designated supervisor thereof who has sex with an employee under the age of 18 years old, or has contacts with such with the intent to seduce or entice...
4. Any local, state or federal official, including those elected, who has sex with one under the age of 18 years old, or has contacts with such with the intent to seduce or entice...
5. (and other categories we couldn't think of because we were just too hungover).
6. Provided that the age difference between the complainant and the defendant is more than 2, 3 or 5 years (we'd leave this up to the state and child development experts to determine what is appropriate). For example, we're trying to avoid branding, as a sexual predator, a 19 y.o. camp counselor having consensual sex with a 16 y.o. camper.
Additionally:
7. Any person 19 or older, who is criminally convicted of sexual, lewd or lascivious contact with a minor 14 years old, or younger, will be labeled a sexual offender.
8. Any person who is convicted of forcing non-consensual sexual, lewd or lascivious acts on any person, regardless of age, will be labeled a sexual offender.
We are not lawmakers so the language would have to be prettied up. However, the gist of "our" laws is more about persons who are in positions of power over those individuals who are vulnerable because of their age. I hold the position that pedophilliacs are those persons who are attracted to prepubescent children (who are definitely entitled to legal protection). However, I also feel there is a need for legislation to protect post-pubescent children from those persons in a position to exert power over them. A majority of sex crimes involving sexually mature children are opportunistic and are more about power, and not about perverted sexual urges.