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After a 17-year-old boy had sex with his 14-year-old girlfriend he was charged with a felony for statutory rape. When a 17-year-old girl in the same town commited the same crime, she was charged with far less. Was the boy the victim of gender bias?
Updated Jul. 14, 2017 11:32AM ET / Published Mar. 19, 2009 2:46AM ET
After a 17-year-old boy had sex with his 14-year-old girlfriend, he was charged with a felony for statutory rape. When a 17-year-old girl in the same town commited the same crime, she was charged with far less. Was the boy the victim of gender bias?
Alan Jepsen was playing videogames at his home in Sheboygan, Wisconsin, when the cops came knocking on his door. He was handcuffed in front of his sister and thrown in jail. In the words of his attorney, Jeffrey Purnell, “This child, this 17-year-old high-school kid, had to spend a week in jail—they locked him up and they put him in jail with grown-ups.”
His crime: Having sex with his 14-year-old girlfriend. And, perhaps, being a boy.
“These are kids,” said Purnell. “It’s ridiculous. Lawmakers criminalize common behavior among children, and it’s frustrating, really.”
The day after Alan's arrest, Sheboygan authorities arrested Norma Guthrie, also 17, for having sex with her 14-year-old boyfriend. Norma, however, did not have to spend a single day in jail. She was released immediately, on signature bond, while Alan was held on a $1,000 cash bond, which his family could not afford. Sheboygan County Assistant District Attorney Jim Haasch is handling both cases.
The disparity in the punishment of these 17-year-olds, both accused of having sex with the 14-year-olds they were dating, goes much deeper. Haasch charged Alan with a Class C felony, which, according to court records obtained by The Daily Beast, carries a maximum prison sentence of 40 years. Norma, on the other hand, was charged only with a misdemeanor, which carries a maximum sentence of nine months in jail.
The cases caught the attention of the local press, generating a heated debate over whether Alan is being given harsher treatment simply because he is a boy. “After all,” said Purnell, “this isn’t one district attorney in Tennessee and one in New York deciding how to charge these cases. This wasn’t even one district attorney in one county in Wisconsin and another county in Wisconsin. No, this was the same guy who charged these two cases.”
The district attorney’s office refused to comment, but experts say it would not be far-fetched to assume that Alan has been the victim of bias. According to Dr. Marty Klein, author of America’s War on Sex, “the double standard is not unusual. It is unusual to find such an extraordinarily clear example of it, but the philosophy behind the phenomenon is very common.”
Last month, the Massachusetts Supreme Judicial Court ruled that a 14-year-old high-school freshman accused of statutory rape was the victim of gender discrimination in a case involving him and three girls with whom he had been sexually active. Two of the girls were 12, and one was 11.
Writing for the majority, Chief Justice Margaret Marshall pointed out that even though both the boy and girls involved were under the age of consent, “the boy was the only child charged with statutory rape, or any offense, as a result of the incidents alleged, and he was the only male among the four children.” Furthermore, she added, “the district attorney affirmatively declined to bring charges against the female children where the facts described by the girls could be viewed as contravening those same laws by them.”
While Suzanne Goldberg, who teaches sexuality and gender law at Columbia Law School, acknowledged that “every case has to be dealt with individually,” she said she believes “a state would be inclined to punish young men more harshly than young women because young men are often seen as aggressors in adolescent sexual contact.”
According to Dr. Klein, however, the double standard emerged from the historical treatment of women as the property of men. “Women were not considered to be sexually autonomous beings,” he said. “Their sexuality was never considered to be a weapon. It was never considered that it could damage somebody else’s property. But men have the ability to damage another man’s property with their sexuality by violating their daughter or by violating their wife. So just bring that system of thinking forward into the present day and you get 17-year-old boys that are still considered to have the potential of damaging something with their sexuality, while it’s much harder for people to imagine a 17-year-old girl causing harm with her sexuality.”
That seems to be what District Attorney Haasch had in mind when he charged Alan and Norma. There is nothing in the record to explain why Alan should be treated so severely. The difference in age between Norma and her boyfriend, for example, is actually greater than that between Alan and his girlfriend. Although both perpetrators were 17 and both victims 14 at the time of the alleged abuse, Norma is two years and 11 months older than her boyfriend, whereas Alan is two years and four months older than his girlfriend. Court records also show that Alan admitted to having had sex with his girlfriend “two or three times,” while Norma said she and her boyfriend had sex “somewhere between 10 and 15 times, but she was not exactly sure.”
Alan’s 19 year-old sister, Kathy Jepsen, has a simple explanation for the charges. “It’s bullshit [is] what it really comes to,” she said in an email, adding that “our court system is messed up in Sheboygan.” Asked if she believes young men deserve harsher punishment, she responded: “No, I don’t believe that; we should all take responsibility for what we do, whether you’re a boy or girl. We are all human, but where the law is concerned we are not equal. They should change that.”
According to Kathy, Alan's girlfriend told him she was 16. The criminal complaint against Alan confirms this, and reveals that his girlfriend lied to the police, as well. She was at Alan and Kathy’s apartment at the time of the arrest, and told the officers twice that she was 16. One of them “then advised [his girlfriend] that if she was not truthful with the officer, she possibly would be arrested for obstructing if she lied about her age, at which point [his girlfriend] looked down at her feet, looked back at the officer, and said she was 14. Immediately when the defendant [Alan] learned of this, his body tensed up and he got a scowl on his face.”
At that point, said Kathy, “I was pissed off and wanted to hit her, but there were three cops in my apartment, so I couldn’t.”
Kathy’s anger is understandable. “This issue has embarrassed our family,” she said. “I mean, how can you give somebody your name, or face your co-workers? People look at you different.”
Purnell shares her frustration, and points out that the root of the problem is not the double standard, but the fact that Alan or Norma could be prosecuted to begin with. “These are kids,” he said. “It’s ridiculous. Lawmakers criminalize common behavior among children, and it’s frustrating, really.”
Dr. Klein agrees. “What is fundamentally not fair,” he said, “is treating consensual sex between teenagers as a crime in the first place. Once you criminalize sex between teenagers, then it’s only a matter of how much harm you’re going to cause; how much destruction you’re going to bring into people’s lives. In the case of the 17-year-old girl, you’re bringing in a small amount of destruction into her life. In the case of the 17-year-old boy, you’re bringing a lot of destruction into his life.”
Alan has not yet been convicted, and his lawyer is negotiating a plea agreement. In the meantime, as Norma and other 17-year-olds look forward to finishing high school, Alan is left wondering if he will be able to come back for his senior year. He might be in prison by then.
Constantino Diaz-Duran is a writer living in Manhattan. He has written for the New York Post, the Washington Blade, El Diario NY and the Orange County Register.
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From Nancy Pelosi to Pramila Jayapal, offices of Democratic lawmakers are offering interns less than $15 an hour. And most of them say it’s the system’s fault.
Updated Jun. 17, 2021 11:08AM ET / Published Jun. 17, 2021 4:21AM ET
A $15 minimum wage is now one of the most mainstream policy platforms among Democrats in Congress. In the House this year, 198 of 220 Democrats signed on to legislation to raise the minimum wage, as did 37 of 50 Democrats in the Senate.
But if you’re an intern for any one of these Democratic lawmakers, odds are you’re making far less than $15 an hour.
The Daily Beast examined wages during the third quarter of 2020 in the offices of every Democrat who supports a $15 minimum wage. While no full-time staffer appeared to make less than that rate, many made just over that amount—translating to a bit more than $31,000 a year.
In the majority of offices, however, interns make well below $15 an hour. Of the 235 Democrats in both chambers who have sponsored legislation establishing a $15 minimum wage, more than 140 appeared to pay their interns less than the hourly minimum they support, though it’s impossible to provide a definitive number because some offices only have interns work part-time hours, or have outside groups supplement their interns’ pay.
Still, a number of offices confirmed they pay interns less than $15 an hour, noting that the House provides only $25,000 in total for intern compensation and fellows. Among those offices are some of the biggest and most liberal names in Congress: Speaker Nancy Pelosi (D-CA), Majority Leader Steny Hoyer (D-MD), Majority Whip Jim Clyburn (D-SC), Democratic Congressional Campaign Committee Chairman Sean Patrick Maloney (D-NY), Congressional Progressive Caucus chairwoman Pramila Jayapal (D-WA), and liberal champions like Katie Porter (D-CA), Madeleine Dean (D-PA), and Ted Lieu (D-CA).
Most of those offices told The Daily Beast that they fully support paying interns $15 an hour. It’s just that, with such limited support for interns, $25,000 wouldn’t even cover the cost of having one intern working full time.
“It has long been a priority for the Speaker to ensure that young people’s internship opportunities in Congress are determined by their ability, passion and patriotism, not by their family’s financial situation,” Pelosi’s deputy chief of staff, Drew Hammill, told The Daily Beast.
He said that interns who had received Pell Grants during college—which is need-based financial aid for higher education—actually did get $15 an hour in Pelosi’s office. “Additionally, each semester we receive a significant number of applicants pursuing internships for college credit and are therefore ineligible for financial compensation,” Hammill said. “The Committee on House Administration, under the leadership of Chair Zoe Lofgren, is reviewing additional steps the committee can take to allow more Members to compensate all of their interns at the equivalent of $15 an hour.”
A spokesperson for Hoyer’s office also said they try to make internships as accessible as possible and provide a monthly stipend.
“The American people are best served by experienced Congressional staff that represent the diversity of our nation, which is why Leader Hoyer continues to advocate for increased staff pay and additional funding for intern pay,” a spokesperson said. “As a former Congressional intern himself, Leader Hoyer is acutely aware of the need to provide interns a fair wage that allows them to access opportunities and experiences on the Hill.”
And a spokesperson for Jayapal said that, because the office only receives $25,000 a year for all interns and fellows in their office, they had decided to “dramatically shrink” the number of interns they accepted for each term so they could pay each individual intern more. “We continue urging the House to allocate additional funding for internships and fellowships so we can increase pay while opening up this opportunity to more people,” the spokesperson said.
In general, when asked for comment on not paying interns $15 an hour, Democrats mostly blamed the system.
The sentiment was perhaps best summed up by D.C. Delegate Eleanor Holmes Norton, who said that while she supports paying interns $15 an hour, it is virtually impossible with what Congress currently provides. “Until Congress updates its $25,000 allowance for interns, we have no funds to go above $1,000 divided among 3-4 interns among the three semesters: winter, spring, and fall,” she said.
Some offices do try to offer more money to interns based on need. For instance, Pelosi’s office offers that better pay to interns who were eligible for Pell Grants during college, as does Sen. Amy Klobuchar (D-MN). And some offices told The Daily Beast that their interns were part of a fellowship program with outside groups picking up part of their salary to get them over $15 an hour. Massachusetts Rep. Seth Moulton’s office, for example, uses the $25,000 Congress provides to support such a program.
“Rather than spreading that around in small amounts to many interns, our office uses it to fund a fellowship for which we actively recruit diverse candidates who would like to work in foreign policy and national security but need a foot in the door,” a spokesperson for Moulton said. “We provide some stipends with the funds that remain.”
But it is possible, even with the meager $25,000 that Congress gives to House offices and $50,000 for Senate offices, to pay interns $15 an hour.
Offices like New York Rep. Alexandria Ocasio-Cortez’s dig into their staffer budgets to supplement what the House supplies to pay interns to get them to $15 an hour. Ditto for the offices of Sens. Bernie Sanders (I-VT), Dick Durbin (D-IL), Pat Leahy (D-VT), and Mazie Hirono (D-HI).
But House rules actually make it difficult to pay an intern at that rate. There is currently an $1,800 cap on monthly pay for interns—whether it comes from the intern fund or a lawmaker’s own staff budget. That means, under those rules, that if House interns are to make $15 an hour and be paid through congressional funds, they can only work 30 hours a week.
“This is a system that benefits people of means, who can have mommy and daddy kick in while they spend some time getting experience in Congress.”
In the Senate, it’s easier to pay interns $15 an hour. They don’t have similar rules capping intern pay. And their budgets—both for interns and their overall staff budgets—are much larger. Still, some Senate offices confirmed they don’t pay all of their interns $15 an hour, including Sens. Chris Murphy (D-CT), Tina Smith (D-NH), Debbie Stabenow (D-MI), and Klobuchar.
It’s easy to point to the hypocrisy of Democrats on this issue. They support a $15 minimum wage, and even if these people are only getting started in their careers, they’re not making what Democrats say is a livable wage.
Democrats, as they’re wont to do, pointed to Republicans as the problem, saying it was the GOP’s fault that office budgets hadn’t risen over the years, and that there wasn’t sufficient money for interns. But during the course of reporting this story, a number of senior staffers for Democratic offices were happy to point out the shortcomings of their own policies.
“There is no doubt about it,” said one senior Democratic aide for an office paying interns less than $15 an hour. “This is a system that benefits people of means, who can have mommy and daddy kick in while they spend some time getting experience in Congress.”
Indeed, all of the interns The Daily Beast spoke to for this story shared one key attribute: They had financial help.
“I’m exactly the example of the upper middle-class, college-educated demographic,” said one former intern. “I’m one of the people who can afford this.”
This former intern said he was fortunate to have the internship during the pandemic—meaning he could live at home with his parents and keep costs down. But he said he also knew former interns who had tried to juggle their congressional responsibilities with multiple side jobs.
“Trying to hold two jobs and pay rent and apply for jobs while living in D.C. is not easy,” he said.
“The fact that you have to work so hard to get paid so little is a huge barrier,” the former intern continued. “And people can’t afford to spend six months doing these basically unpaid jobs and do all this unpaid time and then get a job that won’t make up for it.”
“If we had a more diverse intern class, we’d have a more diverse full-time staff. And people can’t afford to put in months of unpaid time hoping to get a job with a salary that won’t make up for it.”
Even if the jobs that congressional offices offer are more than $15 an hour, they aren’t much more. The average salary of a staff assistant in Congress is just over $35,000, according to Glassdoor. That means someone could be coming out of college with student loans, take an internship that doesn’t cover the high costs of living in D.C.—where the average rent for a studio apartment is $1,669 a month, according to Apartment List—and the light at the end of the tunnel is the hope of a job that barely pays more than the starting wage at Chipotle.
“If you don’t come from a family that’s able to support you, I think it can be prohibitive to some kids who are trying to get into public service,” said another former Democratic intern.
“I think that typically ends up affecting minorities, so it has a racial component to it as well that I don’t think you can ignore,” he continued. “It’s just a huge equity issue.”
This former intern theorized that internships were the primary gateway for congressional staffers, saying there may be a trickle-down effect where Congress would limit its staffer pool to those who come from more privileged financial backgrounds.
“I was almost paying for the internship,” he said. “A lot of people can’t afford to go four or five months without any income.”
Most interns do make some money. Congress introduced a paid internship program in its 2019 budget, in response to some of the criticism that they were placing unnecessary financial strain on interns and limiting who is able to take such a position. The program added $20,000 to each House member’s annual budget—the Members Representational Allowance (MRA)—and $50,000 to Senate offices, specifically to fund internships. The House budgets got a small boost the following year, to $25,000.
Before 2017, an estimated
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