There has to be an age of consent. Sex without consent is rape. I don't see the problem. Different countries have slightly different definitions of pretty much every crime in the book. Whether or not you are committing fraud, burglary, assault, etc. etc., will also depend on a number of "minor details" that may vary between jurisdictions. Either RMS thinks there should be an age of consent, in which case it's obvious that the age in question must be somewhat arbitrary, or he doesn't think there should be an age of consent. Given RMS's previous comments on the same subject, it's pretty clear what he's saying here: https://www.stallman.org/archives/2006-may-aug.html#05%20Jun...
The point is that consensual sex with 17 years old is not rape no matter what the law in particular jurisdiction says. Call it something else like sexual misconduct for example. By calling it rape you're demeaning the term. You can't reasonably use the word rape for something that vast majority of people in Western culture consider to be perfectly ok behavior or maybe a bit indecent but certainly not criminal. You're just demeaning the term of you do that.
Just because it's called statutory rape in US law doesn't mean it's a serious crime in all cases and shouldn't be called in a way to suggest that. That's the point Stallman makes and imo it's the obvious one.
I think in the case where there's such a huge age gap, and where the girl is a sex slave, it is serious crime. The girl could not meaningfully have consented.
But in any case, the poster that Stallman was responding to was merely pointing out that what Minsky allegedly did probably would constitute rape in the relevant jurisdiction.
If Stallman, for whatever weird reason, has some kind of a semantic program for reforming terminology relating to rape and sexual assault, then he chose the worst possible time, manner and place to put it forward. Especially given that he is previously on record as believing that sex between adults and much younger children can be 'consensual'. He's a best a goof on these topics, and at worst a serial creep and harasser. He has only himself to blame.
> Given RMS's previous comments on the same subject, it's pretty clear what he's saying here
While I do disagree with Stallman's statement here, I think it's important to point out that your insinuation is not justified.
He did not say that he thought pedophilia was good, only that he was skeptical of the claims that it was bad because he'd only ever been presented with examples of involuntary pedophilia. In the intervening years since this comment was made and the present, his mind has been changed on the subject.
He said that he was "skeptical of the claim that voluntarily pedophilia harms children". Thus, it's not surprising that he thinks age is irrelevant to the question of whether or not someone was raped. I feel that my insinuation is therefore entirely justified.
> because he'd only ever been presented with examples of involuntary pedophilia
This framing only underlines the point: if you think that children can "voluntarily" have sex with adults, then clearly you don't think age is relevant to consent! It's overwhelmingly obvious what RMS thinks here. He thinks that it's ok for old men to have sex with "willing" teenagers. I.e., he rejects the entire basis of an age of consent.
>In the intervening years since this comment was made and the present, his mind has been changed on the subject.
Can you provide a reference to his supposed retraction of this statement dated before September 2019? As far as I can see, he only retracted this statement - which remained on his website for many years - after this whole shit storm started. And without apology or any hint of shame. You can see Stallman saying similar things about the age of consent as late as 2018: https://web.archive.org/web/20180924231708/https://www.stall...
Just to reiterate, the subject under debate is what Stallman meant by the claim that the difference between 18 and 17 years old "is a minor detail".
You claim he means "there should be no age of consent"
Others are arguing he means "the difference between those particular ages is minor, and both could be considered reasonable ages of consent".
We could debate endlessly on what Stallman feels in general about the age of consent, but with regards to that particular comment I cannot see how your interpretation is justified given the particular words he chose for that specific comment. If he had wanted to argue that there is no need for an age of consent, then I'm sure he would have chosen words that meant that.
> Can you provide a reference to his supposed retraction of this statement dated before September 2019?
No, but Stallman doesn't seem to be the kind of person who would be dishonest in that manner.
> You can see Stallman saying similar things about the age of consent as late as 2018
That's a stretch. He does not mention age of consent (although he does not seem to be bothered by the fact that the young woman was 16). He does however draw a distinction between adolescence (late adolescence in particular) and childhood, which would seem to be relevant.
>Others are arguing he means "the difference between those particular ages is minor, and both could be considered reasonable ages of consent".
That does not make it "morally absurd" to set 18 as the legal age of consent, so I don't think that's a plausible reading of what RMS said. He could only find the idea morally absurd if he found the idea of the age of consent morally absurd - which is consistent with everything he's ever said that touches on the issue. If he was merely quibbling about the age, he'd say "I think the age of consent should be a bit lower."
>No, but Stallman doesn't seem to be the kind of person who would be dishonest in that manner.
It's not clear what you are referring to here. I'm not much impressed by someone later saying that they changed their mind a long time ago (if you have a reference to RMS saying that - I don't). Grossly wrong public statements should be publicly retracted. If they're not retracted, then they're fair game for criticism.
>although he does not seem to be bothered by the fact that the young woman was 16)
He says "she may have had — I expect, did have — entirely willing sex with him, and they would still call it 'assault'". That is, he thinks the fact that the girl was a teenager (and he didn't know she was 16 specifically in the earlier version of the comment) is no barrier to her having "willing" sex with an older man. It's painfully obvious what RMS thinks. He thinks that age should not be a factor in deciding whether or not someone was raped or sexually assaulted, since people of any age (or at least, teens up) can "willingly" have sex with much older adults.
> That does not make it "morally absurd" to set 18 as the legal age of consent
Looking again at what he said, I think his main point was about whether the particular hypothetical should be dubbed "rape". Now, you may say "someone under the legal age of consent cannot give said consent, so ergo the act is rape". Which is true, but even when the law has to draw a bright line regarding the age of consent, the law still does distinguish between "statutory rape" and "forcible rape". Both are wrong, but the latter is generally considered moreso. Furthermore, statutory rape tends to have more exceptions when the victim is closer to the age of consent.
If we are going to use the term "rape" in an unqualified manner, then the usual connotation is "forcible rape". I think it is fair to object to the unqualified use of the term where the victim was appeared to be a willing individual above the age of consent.
It's a bit like calling Martin Luther King Jr. a "criminal". Yes, he was put in jail, and technically he did violate local law, but the activity he was engaged in (non-violent protest of unjust laws) hardly fits the expected model of what is typically implied by the word "criminal".[1]
Now I bring this up not in order to compare the character of either Minsky or Stallman with MLK, but merely draw attention to a fallacy of reasoning known as the non-central fallacy[2].
An edge case in the manner of statutory rape (where the victim seemed to be willing and of age, and was in fact close to the age of consent) is still likely illegal and wrong, but we should still take care to note how such a case differs from a more central example of forcible rape.
> It's not clear what you are referring to here. I'm not much impressed by someone later saying that they changed their mind a long time ago (if you have a reference to RMS saying that - I don't). Grossly wrong public statements should be publicly retracted. If they're not retracted, then they're fair game for criticism.
My understanding is that he did make a public retraction of sorts this month. It's still an open question as to when he thinks the age of consent is, but I do believe he thinks there at least is one. Despite the timing of his retraction, I do think he was sincere.
It's difficult to see why Stallman would choose this case to make a point about rape vs. statutory rape. If you look at the context, the person he was replying to was pointing out that Minsky having sex with the girl in question (if this happened) might have legally constituted rape.
Statutory rape may in some cases not be a serious crime (e.g. an 18 hear old having sex with a 17 year old), but we are talking here, hypothetically, about a 70 year old man having sex with a 17 year old sex slave. And yeah, when you are a 70 year old man being offered sex for free by an attractive teenage girl who for some reason lives on your weirdo chum's private island, I do think some degree of due dillegence is required.
>My understanding is that he did make a public retraction of sorts this month
I know - I mentioned that. I asked if there was any evidence that he'd changed his views prior to September 2019. There appears not to be. And he has never apologised or shown any hint of shame.
>Lesswrong
No idea why you think this interminable blog post is relevant. But of course it's no surprise that you're linking to Lesswrong, which has a history of burying serious discussion of rape and sexual assault in endless reams of pseudorationalist bafflegab.
