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Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
696 KB
Summary
This legal document, filed on October 29, 2021, for case 1:20-cr-00330-PAE, argues for the admissibility of evidence regarding minor victims' consent. It distinguishes the actual charges of "sexual activity" and "sex trafficking" from "sexual abuse," which is not charged. The document provides context by comparing the varying legal definitions of "minor" and ages of consent across different jurisdictions, including New York, Florida, the United Kingdom, France, and New Mexico.
People (1)
| Name | Role | Context |
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| Esquival-Quintana |
Mentioned in the citation of the legal case 'Esquival-Quintana v. Sessions'.
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Organizations (1)
| Name | Type | Context |
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| Supreme Court | government agency |
Cited as having noted that “state criminal codes aid our interpretation of ‘sexual abuse of a minor’ by offering usef...
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Timeline (1 events)
2017
The Supreme Court case Esquival-Quintana v. Sessions, 137 S. Ct. 1562 (2017) was cited.
Esquival-Quintana
Sessions
Locations (5)
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Cited as a jurisdiction that defines “minor” as a person under the age of 17.
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Cited as a jurisdiction that defines “minor” as a person under the age of 18.
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Cited as a jurisdiction that defines “minor” as a person under the age of 16.
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Cited as a jurisdiction that defines “minor” as a person under the age of 15.
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Cited as a jurisdiction that criminalizes sexual contact with a minor under 13, or 13 to 18 with coercion.
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Key Quotes (4)
"consented to sexual abuse."Source
— the accusers
(The document states the government seeks to preclude evidence or argument that the accusers 'consented to sexual abuse.')
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Quote #1
"sexual activity"Source
DOJ-OGR-00005509.jpg
Quote #2
"sex trafficking"Source
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Quote #3
"state criminal codes aid our interpretation of ‘sexual abuse of a minor’ by offering useful context."Source
— The Supreme Court
(A quote from the Supreme Court in the case Esquival-Quintana v. Sessions.)
DOJ-OGR-00005509.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,039 characters)
Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 54 of 69
VI. CERTAIN EVIDENCE OR ARGUMENT THAT MINOR VICTIMS
CONSENTED TO SEXUAL ABUSE MAY BE ADMISSIBLE.
CONSENTED TO SEXUAL ABUSE MAY BE ADMISSIBLE.
The government seeks blanket preclusion of evidence or argument that the accusers
“consented to sexual abuse.” It bears noting that the Indictment does not charge sexual abuse.
The charged offenses allege “sexual activity” (Counts One through Four) and “sex trafficking”
(Counts Five and Six).
“consented to sexual abuse.” It bears noting that the Indictment does not charge sexual abuse.
The charged offenses allege “sexual activity” (Counts One through Four) and “sex trafficking”
(Counts Five and Six).
The age of consent for sexual contact purposes varies by jurisdiction. The offenses
charged in the S2 Indictment allege sexual activity with minors and focus on age, rather than
mental or physical incapacity. Accordingly, to qualify as sexual activity with a minor, the statute
must prohibit sexual acts based at least on age of the purported victim. See Esquival-Quintana v.
Sessions, 137 S. Ct. 1562 (2017). As the Supreme Court noted, “state criminal codes aid our
interpretation of ‘sexual abuse of a minor’ by offering useful context.” Id. at 1577 n.3. For
purposes of sexual activity alleged in this case, the definition of “minor” varies among states and
nations: New York defines “minor” as a person under the age of 1728; Florida: under the age of
1829; United Kingdom: under the age of 1630; France: under the age of 15.31 New Mexico does
not have a specific age of consent statute but criminalizes all sexual contact of a minor under the
age of 13 when no coercion or force is involved.32 In the context of the charged offense focusing
charged in the S2 Indictment allege sexual activity with minors and focus on age, rather than
mental or physical incapacity. Accordingly, to qualify as sexual activity with a minor, the statute
must prohibit sexual acts based at least on age of the purported victim. See Esquival-Quintana v.
Sessions, 137 S. Ct. 1562 (2017). As the Supreme Court noted, “state criminal codes aid our
interpretation of ‘sexual abuse of a minor’ by offering useful context.” Id. at 1577 n.3. For
purposes of sexual activity alleged in this case, the definition of “minor” varies among states and
nations: New York defines “minor” as a person under the age of 1728; Florida: under the age of
1829; United Kingdom: under the age of 1630; France: under the age of 15.31 New Mexico does
not have a specific age of consent statute but criminalizes all sexual contact of a minor under the
age of 13 when no coercion or force is involved.32 In the context of the charged offense focusing
28 NY Penal Law Ann. § 130.03(3)(a).
29 Fla. Stat. § 794.05(1). At the time of the charged offenses in Counts Five and Six, individuals under
the age of 18 could be charges with prostitution. In 2016, the law was changed, decriminalizing
prostitution of by individuals under the age of 18.
30 Sexual Offences Act, Chap. 44.
31 Penal Code, Article 227-25.
32 NM Stat. Ann. § 30-9-13(A)(1). New Mexico criminalizes sexual contact of minor on a child 13 to 18
years old when coercion is involved. § 30-9-12(A)(2).
29 Fla. Stat. § 794.05(1). At the time of the charged offenses in Counts Five and Six, individuals under
the age of 18 could be charges with prostitution. In 2016, the law was changed, decriminalizing
prostitution of by individuals under the age of 18.
30 Sexual Offences Act, Chap. 44.
31 Penal Code, Article 227-25.
32 NM Stat. Ann. § 30-9-13(A)(1). New Mexico criminalizes sexual contact of minor on a child 13 to 18
years old when coercion is involved. § 30-9-12(A)(2).
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DOJ-OGR-00005509
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