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Los Angeles Times
6 days ago
- Politics
- Los Angeles Times
Even if you think Sean Combs is guilty, his conviction should give you pause
The verdict against Sean 'Diddy' Combs early this month sent shock waves through the feminist community. Despite harrowing testimony and video evidence of violence, jurors acquitted him of sex trafficking and racketeering. Combs and his team celebrated, while many Americans mourned the death of #MeToo. There was some consolation for those who wanted Combs held accountable: The disgraced rapper was found guilty of violating the Mann Act by transporting male sex workers across state lines for prostitution, for which he could face up to 20 years in prison. Important questions abound about the sex trafficking and racketeering charges — not only whether the jury applied the law justly based on the evidence of the case, but also whether the federal government should have used the sex trafficking and racketeering statutes to bring charges, whether those laws should cover the conduct at issue and what it all means for women's equality. These make for rich debates. My point is narrower: We should not celebrate the government's successful use of the Mann Act nor its excessive penalties for acts related to consensual commercial sex. This is a poor mechanism to make up for a jury's reluctance to convict on more serious charges. The act does not require coercion, and anyone involved in the transportation of the sex workers could have been charged. If the government earnestly enforced the act, federal courts would be too clogged to function. Let's be clear about how this works. If two people drive from San Diego to Los Angeles to engage in sex work, they have committed no crime, although a later act of exchanging sex for money could be a minor misdemeanor. Now imagine the same people drive from California to Las Vegas. Even if sex never occurs and money never changes hands, each has committed two Mann Act violations — as transporter and as accomplice — warranting up to 20 years in prison (10 years for each offense). Is there some moral distinction between traveling to Los Angeles versus Las Vegas? The only difference is that the federal government has jurisdiction over interstate activity, and so crossing state lines triggers federal power. In 1910, the government — largely for racist, xenophobic and patriarchal reasons — seized that power through the Mann Act. Officially titled the White-Slave Traffic Act, the law prohibited transporting women for prostitution or any other 'immoral purpose.' It was later amended to apply to the transportation of men as well, and 'immoral purpose' was replaced with 'any sexual activity for which any person can be charged with a criminal offense.' Prosecutors often employ easier-to-prove charges when they anticipate struggling to secure convictions on more serious offenses. For instance, when proving intent to commit burglary is difficult, they may fall back on 'possession of burglary tools.' But even putting aside the many civil libertarian and constitutional objections to such practices, the Mann Act has proven a particularly pernicious 'make-up' crime. The act was born of a time of widespread hostility to immigration, moralist backlash to sexually progressive urban culture and anxiety that rural wives and daughters would flee to cities in search of liberation. Like an early QAnon, the media and the public fixated on fictional epidemics of white girls being coaxed or kidnapped by foreign men and unscrupulous women into a life of sexual slavery in 'dens of iniquity.' One supporter of the act queried, 'Shall we defend our American civilization or lower our glorious flag to the most despicable foreigners — French, Irish, Italians, Jews and Mongolians?' The law's namesake James Mann seized the opportunity to characterize enslavement as something minorities do to whites, declaring that prostitution was 'much more horrible than any black-slave traffic ever was in the history of the world.' Although passed in the name of saving women, the act became a tool for prosecuting them. In 1915, Justice Oliver Wendell Holmes Jr. approved the prosecution of transported women, such as 'professional prostitutes,' urging that we 'abandon the illusion that the woman always is the victim.' In the infamous 1930s Scottsboro Boys case, white women feared they might be prosecuted under the Mann Act and so fabricated rape claims against Black teens. As Mann Act enforcement intensified and helped give rise to the modern FBI, agents targeted interracial couples to deter race-mixing. Law enforcement also focused on suspected mobsters and political opponents vacationing with their girlfriends, celebrities like Charlie Chaplin and prominent Black men including heavyweight champ Jack Johnson, whom racists of the time condemned as audaciously flaunting his relationships with white women. Prosecuted in 1913, he was granted a posthumous presidential pardon in 2018. Historian Anne Gray Fischer notes that by the end of the Progressive Era, 'white slavery' had simply become 'a euphemism for interracial sex.' Why does all of that history matter if today's prosecutors are using the law against people who many think should be convicted of something? The drafters of the 1962 Model Penal Code addressed this directly. They described the Mann Act as 'an extraordinary incursion of the federal government into the field of regulating local morals' and a prime example of a 'dead letter' law. Such laws enable prosecutors 'to decide for themselves who shall be subjected to penal sanctions and why' and thus 'lend themselves to discriminatory enforcement, e.g., where the parties involved are of different races.' Combs should be held accountable for his abusive and exploitative conduct. But we should not cheer the practice of federal prosecutors choosing whom to punish based on politics, press or public pressure and dusting off overbroad, archaic laws. Their very existence should trouble us. Aya Gruber is a professor of law at USC Law School and author of the forthcoming book 'The Crime of Sex.'
Yahoo
03-07-2025
- Yahoo
What is the Mann Act? Here's what to know about the law used to convict Sean 'Diddy' Combs
Sean 'Diddy' Combs was convicted Wednesday of prostitution-related offenses under the federal Mann Act, an anti-sex trafficking law with a century-old history. Though he was acquitted of more serious charges, Combs was still convicted of flying people around the country, including his girlfriends and male sex workers, to engage in paid sexual encounters. Over the years, the law has been applied to prominent convictions, including R&B superstar R. Kelly, British socialite Ghislaine Maxwell, musician Chuck Berry and more than a century ago, boxer Jack Johnson. Its broad wording and a subsequent Supreme Court interpretation once allowed prosecutors to bring cases against interracial couples, and eventually many others in consensual relationships, according to Cornell Law School's Legal Information Institute. The law was amended in the 1980s and today it is primarily used for prosecuting interstate prostitution crimes or people accused of taking underage children across state lines for sexual purposes. Here's what to know about the law. Why is it called the Mann Act? In 1910, Congress passed the bill, which was named after Republican U.S. Rep. James Robert Mann of Illinois. It's also known as the 'White-Slave Traffic Act' of 1910. How does it apply to Combs' case? Combs was convicted of counts involving two former girlfriends: the R&B singer Cassie and a woman who testified under the pseudonym Jane. Both women said at trial that Combs had pressured them into degrading sex marathons with strangers, who were paid for the sexual performances. Jane said she was once beaten by Combs for declining to participate. Cassie said that when she tried to walk out of one such event, Combs beat her and dragged her down a hotel hallway. Combs was acquitted of sex trafficking and racketeering charges but convicted of transporting people to engage in prostitution. What's the history behind it? The 1910 law originally prohibited the interstate or foreign commerce transport of 'any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose.' It followed a 1907 congressionally appointed commission to look into the issue of immigrant sex workers, with the view that a girl would only enter prostitution if drugged or held captive, according to Cornell's Legal Information Institute. The law was used to secure a conviction against Jack Johnson, who became the first Black boxer to win a world heavyweight title in 1910. Johnson was convicted in 1913 by an all-white jury for traveling with his white girlfriend, who worked as a sex worker, in violation of the Mann Act. (President Donald Trump posthumously pardoned Johnson in 2018, saying Johnson had served 10 months in prison 'for what many view as a racially motivated injustice.') How has the law changed since 1910? In a 1917 Supreme Court case, the justices ruled that 'illicit fornication,' even when consensual, amounted to an "immoral purpose,' according to Cornell's Legal Information Institute. A 1986 update made the law gender-neutral and effectively ended the act's role in trying to legislate morality by changing 'debauchery' and 'immoral purpose' to 'any sexual activity for which any person can be charged with a criminal offense.' The act received additional amendments in 1978 and 1994 to address issues of sexual exploitation of children. Nevertheless, Combs ' legal team made a motion last February to dismiss a Mann Act charge, writing that the law 'has a long and troubling history as a statute with racist origins." Prosecutors said there was nothing racist about pursuing charges under the act. Most of Combs' accusers are people of color.
Indian Express
03-07-2025
- Indian Express
What is the Mann Act, the 114-year-old law used to convict Sean ‘Diddy' Combs?
Sean 'Diddy' Combs, the iconic music mogul and entrepreneur, was convicted Wednesday under the federal Mann Act, a 114-year-old anti-sex trafficking law originally intended to curb 'immoral' behaviour and prostitution across state lines. Though Combs was acquitted of sex trafficking and racketeering charges, he was found guilty of transporting people across state lines for paid sexual encounters, including former romantic partners and male sex workers. The case marks one of the most high-profile modern convictions under the Mann Act that has previously ensnared figures like R. Kelly, Ghislaine Maxwell, Chuck Berry, and more than a century ago, Jack Johnson, the first Black heavyweight boxing champion. The Mann Act was passed by the US Congress in 1910 and named after Republican Representative James Robert Mann of Illinois. It was originally known as the 'White-Slave Traffic Act', intended to crack down on forced prostitution and sex trafficking. It criminalised the transport of 'any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose.' Initially aimed at addressing what was perceived as the forced trafficking of women (often sensationalised as 'white slavery'), the law's vague wording led to numerous controversial prosecutions. According to Cornell Law School's Legal Information Institute, the statute was later used to criminalise interracial relationships, consensual sex, and other forms of behaviour labelled as 'immoral' by early 20th-century standards. Combs was convicted of transporting individuals across state lines for prostitution, specifically involving two women: R&B singer Cassie and another woman who testified under the pseudonym Jane. Cassie said Combs pressured her into degrading sex marathons with strangers and beat her when she tried to leave one such event. Jane described a similar incident, saying Combs assaulted her when she refused to participate. Both women testified that some of the individuals involved were paid for sexual performances. Though the court did not convict Combs on the more severe counts of sex trafficking, the Mann Act conviction still carries serious penalties and reputational damage. The Mann Act was originally aimed at stopping the transport of women and girls for prostitution or 'immoral purposes.' It gained notoriety for its use in controversial cases, most notably that of Jack Johnson, the first Black world heavyweight boxing champion. Johnson was convicted in 1913 for traveling with a white girlfriend who was a sex worker. President Donald Trump posthumously pardoned Johnson in 2018, calling the conviction a 'racially motivated injustice.' A 1917 Supreme Court ruling expanded the act's interpretation, allowing prosecutions for consensual sexual activity under the definition of 'immoral purpose.' In 1986, the Mann Act was amended to become gender-neutral, removing outdated phrases like 'debauchery' and 'immoral purpose' and replacing them with more legally precise language: 'any sexual activity for which any person can be charged with a criminal offense.' The Act was also updated in 1978 and 1994 to focus specifically on the sexual exploitation of minors and child trafficking. Today, the Mann Act is primarily used to prosecute interstate prostitution and child sex crimes, rather than consensual adult relationships. Still, its past continues to cast a shadow. Despite these reforms, Combs' lawyers sought to dismiss the charge, arguing that the Mann Act still carried racial baggage. Prosecutors pushed back, pointing out that most of Combs' accusers are people of color and that the current use of the law is based strictly on the nature of the criminal acts. (With Inputs from Associated Press)
NDTV
03-07-2025
- NDTV
What Is The Mann Act, The Law Used To Convict Sean 'Diddy' Combs
Sean "Diddy" Combs was convicted Wednesday of prostitution-related offenses under the federal Mann Act, an anti-sex trafficking law with a century-old history. Though he was acquitted of more serious charges, Combs was still convicted of flying people around the country, including his girlfriends and male sex workers, to engage in paid sexual encounters. Over the years, the law has been applied to prominent convictions, including R&B superstar R. Kelly, British socialite Ghislaine Maxwell, musician Chuck Berry and more than a century ago, boxer Jack Johnson. Its broad wording and a subsequent Supreme Court interpretation once allowed prosecutors to bring cases against interracial couples, and eventually many others in consensual relationships, according to Cornell Law School's Legal Information Institute. The law was amended in the 1980s and today it is primarily used for prosecuting interstate prostitution crimes or people accused of taking underage children across state lines for sexual purposes. Here's what to know about the law. Why Is It Called The Mann Act? In 1910, Congress passed the bill, which was named after Republican US Rep. James Robert Mann of Illinois. It's also known as the "White-Slave Traffic Act" of 1910. How does it apply to Combs' case? Combs was convicted of counts involving two former girlfriends: the R&B singer Cassie and a woman who testified under the pseudonym Jane. Both women said at trial that Combs had pressured them into degrading sex marathons with strangers, who were paid for the sexual performances. Jane said she was once beaten by Combs for declining to participate. Cassie said that when she tried to walk out of one such event, Combs beat her and dragged her down a hotel hallway. Combs was acquitted of sex trafficking and racketeering charges but convicted of transporting people to engage in prostitution. What's The History Behind It? The 1910 law originally prohibited the interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose." It followed a 1907 congressionally appointed commission to look into the issue of immigrant sex workers, with the view that a girl would only enter prostitution if drugged or held captive, according to Cornell's Legal Information Institute. The law was used to secure a conviction against Jack Johnson, who became the first Black boxer to win a world heavyweight title in 1910. Johnson was convicted in 1913 by an all-white jury for traveling with his white girlfriend, who worked as a sex worker, in violation of the Mann Act. (President Donald Trump posthumously pardoned Johnson in 2018, saying Johnson had served 10 months in prison "for what many view as a racially motivated injustice.") How Has The Law Changed Since 1910? In a 1917 Supreme Court case, the justices ruled that "illicit fornication," even when consensual, amounted to an "immoral purpose," according to Cornell's Legal Information Institute. A 1986 update made the law gender-neutral and effectively ended the act's role in trying to legislate morality by changing "debauchery" and "immoral purpose" to "any sexual activity for which any person can be charged with a criminal offense." The act received additional amendments in 1978 and 1994 to address issues of sexual exploitation of children. Nevertheless, Combs ' legal team made a motion last February to dismiss a Mann Act charge, writing that the law "has a long and troubling history as a statute with racist origins." Prosecutors said there was nothing racist about pursuing charges under the act. Most of Combs' accusers are people of color.
San Francisco Chronicle
02-07-2025
- San Francisco Chronicle
What is the Mann Act? Here's what to know about the law used to convict Sean 'Diddy' Combs
Sean 'Diddy' Combs was convicted Wednesday of prostitution-related offenses under the federal Mann Act, an anti-sex trafficking law with a century-old history. Though he was acquitted of more serious charges, Combs was still convicted of flying people around the country, including his girlfriends and male sex workers, to engage in paid sexual encounters. Over the years, the law has been applied to prominent convictions, including R&B superstar R. Kelly, British socialite Ghislaine Maxwell, musician Chuck Berry and more than a century ago, boxer Jack Johnson. Its broad wording and a subsequent Supreme Court interpretation once allowed prosecutors to bring cases against interracial couples, and eventually many others in consensual relationships, according to Cornell Law School's Legal Information Institute. The law was amended in the 1980s and today it is primarily used against interstate prostitution crimes or people accused of taking underage children across state lines for sexual purposes. Here's what to know about the law. Why is it called the Mann Act? In 1910, Congress passed the bill, which was named after Republican U.S. Rep. James Robert Mann of Illinois. It's also known as the 'White-Slave Traffic Act' of 1910. How does it apply to Combs' case? Combs was convicted of counts involving two former girlfriends: the R&B singer Cassie and a woman who testified under the pseudonym Jane. Both said at trial that Combs had pressured them into degrading sex marathons with strangers, who were paid for the sexual performances. Jane said she was once beaten by Combs for declining to participate. Cassie said that when she tried to walk out of one such event, Combs beat her and dragged her down a hotel hallway. Combs was acquitted of sex trafficking and racketeering charges but convicted of transporting people to engage in prostitution. What's the history behind it? The 1910 law originally prohibited the interstate or foreign commerce transport of 'any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose.' It followed a 1907 congressionally appointed commission to look into the issue of immigrant sex workers, with the view that a girl would only enter prostitution if drugged or held captive, according to Cornell's Legal Information Institute. The law was used to secure a conviction against Jack Johnson, who became the first Black boxer to become a world heavyweight champion in 1910. Johnson was convicted in 1913 by an all-white jury for traveling with his white girlfriend, who worked as a sex worker, in violation of the Mann Act. (President Donald Trump posthumously pardoned Johnson in 2018, saying Johnson had served 10 months in prison 'for what many view as a racially-motivated injustice.') How has the law changed since 1910? In a 1917 Supreme Court case, the justices ruled that 'illicit fornication,' even when consensual, amounted to an "immoral purpose,' according to Cornell's Legal Information Institute. A 1986 update made the law gender-neutral and effectively ended the Act's role in trying to legislate morality by changing 'debauchery' and 'immoral purpose' to 'any sexual activity for which any person can be charged with a criminal offense.' Nevertheless, Combs ' legal team last February made a motion to dismiss a Mann Act charge, writing that the law 'has a long and troubling history as a statute with racist origins."
