34 U.S. Code § 12291 (29) - "The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent." - https://www.law.cornell.edu/uscode/text/34/12291#a_27 . It does not require 'force or violence', as Stallman implies.
Stallman stated: "Whatever conduct you want to criticize, you should describe it with a specific term that avoids moral vagueness about the nature of the criticism."
How is "sexual assault" not the specific term for sex with a coerced minor? Where is the moral vagueness in the accusation?
The legal definition is wide enough to encompass a broad range of acts that people have differing moral intuitions about (even if they are all bad acts, some are markedly more heinous in a lot of people's minds). That leads to moral vagueness. Pointing to a legal definition doesn't change that.
If I went around calling you a killer, because you kill insects, or a criminal, because you had an alcoholic drink when underage, or a producer of child pornography, because you sexted your girlfriend a photo of yourself when you were 17, and then pointed to a dictionary or legal definition to show that I was technically correct, would you not still object that I'm using terms that are overly vague as to the morality of what you have done?
By that logic, every law leads to moral vagueness. What's "child abuse"? If you spank your child, in some jurisdictions that's fine. In others it's illegal. For all I know, there may be some where it's okay so long as you don't leave bruises. Does that prevent us from making justified accustations of child abuse?
What's spousal rape? In some jurisdictions there is no such crime. In others it is a crime.
What's copyright infringement? Again, the details differ by jurisdiction. Different jurisdictions recognize different fair use or fair dealing considerations, and have different lengths of time for copyright protection.
> calling you a killer, because you kill insects
If I killed someone, and you call me a killer because of that, by pointing to the dictionary and legal definitions, can my friends defend me by saying that the definition is overly vague?
FWIW, I am a killer of insects - Killer is a not-uncommon nickname, https://en.wikipedia.org/wiki/Killer_(nickname) - I am a criminal because I've been ticketed several times for breaking traffic laws, I believe there is a strong argument against defining sexting as the production of child pornography, similar to the argument allowing some minors to have sex with adults of similar age.
I do not believe there is a strong argument in saying that sex with someone who is unable to grant consent is not sexual abuse.
How does it not? I was abused as a child, physically and psychologically tormented and coerced into taking drugs and participating in weird religious things I wanted no part of, and many people I've encountered, including my own mother, don't view what I've been through as abuse. I consider it child abuse but even the multitude of police who visited my dwellings growing up in rural Louisiana sided with my abusers.
This is an example of the independence and often disparity between objective morality and law. Law wants to emulate morality, but it never will. And thus we cannot use law as a roadmap for morality. That is what people are doing in this case, clinging to the arbitrary laws defined in their section of the earth instead of only making safe moral assumptions based on scientific inquiry.
Stallman has just lost a position that he has spent his whole life working towards in a misplaced attempt to play the devil's advocate for a friend whom he has trouble imagining a dark side of. For what, so we can be morally vindicated? After everything which Stallman has helped give us? What kind of purist authoritarian hyper-reactive world are we living in? Without Stallman the two of us wouldn't even be able to have this discussion.
Do you believe it has any merit? His emails suggest that he doesn't have an idea of what the existing laws regarding consent actually is - even the ones which are not ambiguous.
> considering the globally varying age of consent
That's why it must be a merit-less argument. 1) It's a distraction because age-of-consent isn't the issue here, it's the inability of minor coerced into sex work to give consent, and 2) there are regional differences in just about every crime, so if Stallman's argument has merit then it means almost no laws are moral, so talking about the morality of laws isn't that meaningful in the first place.
> He was just advocating stricter language around the issue.
He did not demonstrate that the term was used incorrectly for this case.
He made up his own definition, which requires 'force or violence', then asserted that it is "absolutely wrong to use the term “sexual assault” in an accusation" ... when people are using the term correctly, in its strict legal definition.
Why do you think the use of "sexual assault" for this case is not the correct strict language?
BTW, Stallman doesn't seem to know that "no coercion given his past with Minsky" may be irrelevant to the question of if sexual assault occurred. Some sexual assault laws have strict liability. If 73-year-old Prof. X has sex with a seemingly willing person under the age of consent, with no coercion on X's part, then it doesn't matter if X truly believes the underage person is of the age of consent. In most US jurisdiction, "I honestly thought she was old enough" is not a way to avoid a statutory rape conviction.
For Stallman's argument about coercion to be effective, he needs either 1) to demonstrate that the the laws regarding the Minsky situation require knowledge on Minsky's part that the sex was coerced - and I don't know the relevant laws, or 2) present a strong argument for why strict liability is wrong for that case. He didn't.
I assert it's because he didn't know the basic issues on the topic, but is only arguing what he feels should be the case. Which is not a good basis for complaining that others are being insufficiently strict in their language.
(BTW, why does at 73-year old Minsky think that a young woman wants to have sex with him? Did he consider it might be part of a blackmail plot? Or does he thinks he's so famous that of course a teenager wants to have sex with him? We'll never know.)
