Under the age of 18 is clever wording. This includes 4 year olds, 12 year olds, anyone 0-17 years old.
Most states set a specific age for sex-related laws. For example, you may be charged with rape for having sex with a 16 year old, whether or not it was consensual and whether or not money changed hands, in certain states. Other states may have similar laws but set the age at 15 instead of 16.
For decades furious debate has raged over a proper age, the definition of rape, the permanent record of sex violators, and on and on. And then you have exception to the rule cases. A female teacher having sex with a 14 year old student might be an exception in some states. The long and short of it is that [1] laws can be difficult to define in the first place, and [2] there are an almost endless list of exceptions to the rules - if you can think of it then it has probably popped up before in some court somewhere.
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As hazy as these laws are to make and enforce, this new California law throws open the Pandora's Box completely:
- It is common knowledge that many women and girls are raped by coyotes who smuggle them into the U.S. as part of the "fee" for transport. Since these females understand this unwritten rule before signing up a case could be made they are prostitutes, and therefore the coyotes cannot be charged with rape?
- One man rapes an 8 year old and is prosecuted. Another man rapes a different 8 year old, but throws a 20 dollar bill on the table before leaving. Can he claim it was prostitution?
- Cops bust a house that has a room full of drugged up underage girls forced into prostitution against their will. Against their will or not, they are still prostitutes.
You get the idea - a zillion different scenarios are now potentially possible.
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Anybody remember the "Republicans Hate Women" narrative whipped up by David Axelrod leading up to the 2012 election?