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Subject: Re: Levine accused of sexual abuse
From: "Max D. Winter" <[log in to unmask]>
Reply-To:Max D. Winter
Date:Mon, 4 Dec 2017 01:02:41 -0500
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Wadeworks wrote:

"Just remember, gay does not equal pedophile."

A salutary reminder, and very true.  But pedophilia is irrelevant here.  

If the allegations of those men are true - and taken as a group I find them credible, as there 
is a clear pattern of behavior and there apparently are corroborating witnesses in some 
cases - what we are dealing with here is not pedophilia, which is sexual attraction to pre-
pubescent children, but a pattern of sexual abuse by a gay man who is attracted to mid-to-
late adolescent males.  (This was also the case with the sexual abuse by Catholic priests, 
most of which involved adolescents from ages 14 through 18.)  The technical term for this is 
ephebophilia, which psychiatric literature defines as sexual attraction to adolescent males 
ages 15 to 19.  Ephebophilia is considered a description of preference for sex partners and 
not a mental disorder or a psychopathology.     

Therefore, by any psychiatric definition, Levine's actions were not pedophilia and, on the 
allegations made thus far, Levine is not a pedophile.  He is, however, a sexual abuser who 
held a position of trust with respect to those young men and whose actions as alleged were 
a gross and unconscionable violation of that trust.

All this is a separate issue from the legal one of statutory rape, the age for which varies 
from state to state.  In Illinois, where these particular allegations occurred, sex with a 16-
year old is statutory rape, so that clearly applies to Mr. Pai (who was 16 at the time).  Sex 
with a 17-year old is not statutory rape unless the perp holds a position of authority or trust 
vis-a-vis the younger man, which Levine did as a member of the music faculty, so the 
incidents with Mr. Brown and Mr. Lebstock would probably be considered statutory rape as 
well.  

However, the statute of limitations for statutory rape prosecution has long since expired, 
and therefore Mr. Levine is in no criminal jeopardy.  Likewise, the statute of limitations for 
any civil action has passed, so he can't be sued by any of the victims.  His penalty will have 
to be opprobrium and curtailment of his professional activities.

Finally, I give Gelb and the Met no credit for its actions, proper as they were, because they 
were taken at gunpoint as a P.R. move in response to the NYT article.  Sort of like the 
inspector in "Casablanca" being "shocked, shocked to discover that there is gambling" going 
on in the casino at Rick's Cafe.

MDW    

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