While Rep. Akin may have doomed Republican efforts in retaking the U.S. Senate, a Minnesota state representative may have done the same for Democrats in that state. Rep. Kerry Gauthier, 56, has admitted to having a liaison with a 17-year-old boy at a rest stop but insists that it was all perfectly legal since the boy was over 16 years old. The thing that struck me as the most interesting is his claim that it is not a crime to have sex at a rest stop in Minnesota.
Gauthier reportedly advertised in a Craigslist ad for “no strings attached” sex. The teen says the oral sex was entirely consensual.
Presumably, if the sex occurred in his car, there would be a danger of a public indecency charge. However, having sex in a public place is usually a criminal act. It is true that the “gross misdemeanor” provision for indecency states the age 16 criteria and that case would not fit the felony provision under Minnesota law. However, the simple misdemeanor provision would seem to apply:
617.23 INDECENT EXPOSURE; PENALTIES.
Subdivision 1.Misdemeanor. A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:
(1) willfully and lewdly exposes the person’s body, or the private parts thereof;(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in this subdivision.
Do you think that he should step down over the incident?
Source: HuffPo
Darren, the age of consent in Minnesota is 16. The ‘boy’ was 17. Where’s the crime? I would say the actions were unseemly, but not illegal.
Unsuited for office. He has sex with a child in a public place. I don’t know know what more needs to be said.
HIs reply that it was perfectly legal. I suppose any sort of ethic is irrelevant in his mind.
I would recommend he take a cold shower and read Title 18 USC Section 2422(b)
Raff,
I suppose he’s just proving a point….. You don’t have to be a blow hard to be in the legislature…. But it helps……
How did this become public knowledge?
The sex seems unseemly but what the hey, different strokes for different folks. No laws were broken. Nobody’s business but their own.
Yikes! What a story to read before lunch. If it wasn’t illegal, then it is one dirty old man and a stupid 17 year old. If it is illegal, then put him in the system.
Brian,
Maybe he sucks as a legislator…… He could claim that he was further his legislative experience and getting practice for the floor……
Come on guys…. Lighten up……Wasn’t Mrs. Olsen from Minnesota……good to the last drop…..
He should have just rented an escort from a quality service and met him at a nice hotel. He’s not married or partnered that I could find so why do it in a down-low manner? Silly and unprofessional IMO.
Speaking from here the parks are full of fornicators of several inclinations in the summer. Seems accepted here. Although there might be a law saying we can’t.
So, a 56 yr old elected official, thinks it is a good idea to troll for 17 yr olds on craigs list, and set up rendezvous in rest stops.
I would not vote for this guy again if he was in my district. I understand the risks 17 yr olds are willing to take. There is a very broad spectrum of those taken by most youths as they grow and mature. (sadly by reading the news we all have seen the terrible results of poorly planned risk taking by youths)
I think the 56 yr old by example encouraged risky behavior in a 17 yr old.
Youth is a time for stupid risks. I think that is hard wired into the male teen.
Older adult males encouraging youths to take these risks, IMO, displays a lack of balance in Kerry Gauthier decision making.
I see he’s a social worker.
And being serious for a moment, I saw this quote in a story: “But Duluth Police Chief Gordon Ramsay said charges wouldn’t be applicable for public nuisance or disorderly conduct because no witness complained about the incident or saw it.” http://www.duluthnewstribune.com/event/article/id/240359/publisher_ID/36/
So, if I were him, I’d argue that he was not in a “public place” or “place where others are present.” Even if you think the police are wrong about the legalities, if charges usually are not brought for this crime unless there’s a witness, I think public persons should be held to the same standard as everyone else, neither a higher nor a lower standard.
As to whether he should step down, perhaps he should if he thinks he can no longer effectively serve his constituents or if he thinks he’ll lose and cost his party a vote. Otherwise, it’s fair for his constituents to take it into account and vote him out if they so choose, but I don’t think every politician should morally feel obligated to resign or drop out of a race just because there’s some controversy or criticism of their behavior. That should generally be up to the voters to decide.
True enough, this story really triggers the gag reflex.
I am sure that the gay lib folks will cry foul or discrimination if they insist on him resigning. If he has to go, then that is supressing his sexuality and putting him back in the closet.
Kerry Gauthier is a “Leading Democratic State Representative in Minnesota?” Being something of a skeptical skeptic, I looked up his chief author legislative record on the Minnesota Legislature web site.
I find that, since attaining office in 2010, only one bill (HF1043) for which Gauthier was the chief author got through the Minnesota House,and it has not made it through the MInnesota Senate.
Gauthier is a leader in authoring unsuccessful legislation?
Alas, what if many legislators apparently are leaders mainly in bringing to public attention previously overlooked aspects of human diversity (aka, human folly?)…
However, as a study in contrast, and allowing, as a wild guess, that humans sometimes act in ways seemingly stupid, is leading the public into greater awareness of seemingly stupid ways of acting in public a genuine form of socially important public service?
So, people who commit crimes should lose their job? Yes it shows incredibly poor judgment but as long as it does not impair their ability to do their job the two should be separate.
That goes for this clown & the “wide-stance” clown and Vitter, to diaper fetishist. They are troubled men and should answer to the law for what they do. But if the voters at home are willing to tolerate this then that is their business. There are crimes that should cost a person their job but those should be crimes that affect their work.
I dont live in your state, but stepping down is the least of his problems… He should be arrested for being with a underage boy and for Lewd behavior. and his fellow Democrates should demand the step down. His statement alone should cause outrage. (I’m sure it has.)
Yes, the whole thing is just hard to swallow.
AY,
The inmates are running the asylum!
Yes, he should step down.
This just blows my mind…… And to think…… These folks make the laws….. That’s what sucks about this…..