Mens rea ("guilty mind" aka criminal intent) is an important element for many crimes. People - generally - are inconsistent with regard to how much they think impact matters for a crime and how much they think intent matters. The law is also inconsistent, with itself, and with the opinions of the citizenry. In this case, US law (but not the laws of all countries) makes sex trafficking and statutory rape strict liability laws - only impact matters, not intent.
Stallman raised the question of Minsky's mens rea, suggesting that Minsky might not have had any criminal intent at all. To people who feel that mens rea should always be a criteria in criminal and moral judgement (such as myself), the existence or lack of existence of mens rea matters to Minsky's moral culpability.
With all that in mind, I'm dubious that Minsky could have been approached by a young woman and not had some degree of mens rea. At the very least, Minsky must have assumed the woman was a paid sex worker and recognized at least some possibility that she was trafficked and/or underage. I can't abide the notion that a old man would have mistaken the invitations of an uneducated young girl as genuine attraction.
>With all that in mind, I'm dubious that Minsky could have been approached by a young woman and not had some degree of mens rea. At the very least, Minsky must have assumed the woman was a paid sex worker and recognized at least some possibility that she was trafficked and/or underage. I can't abide the notion that a old man would have mistaken the invitations of an uneducated young girl as genuine attraction.
Lots of famous men of all ages are approached by groupies. Some accept their advances, some don't. I've never heard of any of them reporting the fact to the authorities.
I've been solicited for sex by random teenagers and young adults on a regular basis in North Africa, eastern Europe and Asia outside of coercion and trafficking despite not being close to be famous or having significant amount of money.
Simply based looking like I'm from a part of the world where life is not as difficult seems to be enough for a number of people living there to take a chance.
I could also feel how I was the focus of attention of many who did not dare but were considering making the move. A very strange and creepy experience.
And that was in the streets and public places, I'd expect that in the context of a private party the teenagers who managed to get their way in to be daring enough and trying harder, so I guess we have different views based on different personal experience.
To be precise Stallman argues that lack of mens rea at least should mean that it was not 'assault'.
In another place he also argues that it is not evident that Guiffre had sex with Minsky - she says she was directed to, but she does not say that she eventually did that, the lawyer did ask here where she went to do that and she answered this question but it is quite probable that she misunderstood the question (and instead answered the question where she was directed to do it) and there is a witness who says that Minsky turned her down. It is a fair argument for me.
Stallman raised the question of Minsky's mens rea, suggesting that Minsky might not have had any criminal intent at all. To people who feel that mens rea should always be a criteria in criminal and moral judgement (such as myself), the existence or lack of existence of mens rea matters to Minsky's moral culpability.
With all that in mind, I'm dubious that Minsky could have been approached by a young woman and not had some degree of mens rea. At the very least, Minsky must have assumed the woman was a paid sex worker and recognized at least some possibility that she was trafficked and/or underage. I can't abide the notion that a old man would have mistaken the invitations of an uneducated young girl as genuine attraction.