Is anyone out there not aware that former Subway pitchman Jared Fogle paid underage girls for sex, received images of child pornography, and that he is expected to plead guilty to a pair of felonies that will result in a prison term of no less than five years and no more than twelve?

If you answered no to the above question, then go read about it here. I’m not going to rehash the charges against the reformed fat man.

I’m sick of reading about the criminal acts committed by Jared Fogle and I’m angry that no mainstream outlets (or any media for that matter) has noticed how the prohibition of prostitution in this instance appears to have provided cover for this man to exploit children.

There have been scores of articles written about Jared Fogle traveling to solicit prostitutes and using these transactions with prostitutes to arrange meetings to pay for sex with underage girls.

USA Today reports:

Jared Fogle repeatedly asked one of the minor victims and other adults who were escort-service employees to “provide him with access to minors as young as 14 years” for sex. To make sure that the escorts weren’t cops, he had sex with them and offered a finder’s fee if they could provide him with underage prostitutes. “The younger the girl, the better,” he told one of the victims. Jared Fogle said he would “really make it worth her while if she could find one.” Jared Fogle started his solicitation of adult prostitutes in 2007, the charging documents say. And he would arrange these activities during his business trips, both across the USA and in foreign countries.

Prohibition of a good or service acts to silence additional forms of criminal behavior that occur under the cloud of black market transactions. Jared Fogle frequently patronized prostitutes in order to get access to underage girls that he could pay for sex.

Fogle would wait to have sex with the prostitutes before asking about underage girls, because this ensured that the prostitutes performing the sex act were not police officers. The prostitutes, being a party to a criminal transaction, were then naturally discouraged from turning Fogle in because doing so would expose them to prosecution for the illegal acts they performed.

It is important to understand the above utilitarian impacts of prohibition, but in order to have a rational understanding of individual rights it is imperative to have a principled moral stance on these issues. Someone speaking from a principled position understands that in a civilized society it is immoral to use coercive force to halt a consensual transaction that does not cause harm to either party. Of course, the most important aspect of this principle is consent.

In order to explore the topic of the age of consent another full article would be required. However, it is worth noting that according to New York state law Jared Fogle did not violate the age of consent for sex when he paid two seventeen-year-olds for sex in New York City, but he did when he paid a sixteen-year-old for sex. If paying for sex between consenting adults were legal, then Jared Fogle would have had a much more difficult time finding underage girls to have sex with.

Additionally, Fogle’s viewing child pornography may have been discovered sooner, possibly minimizing pain and suffering for the individuals on the videos.

Fogle used the prohibition of prostitution as a shield to prey on young girls. Prostitution laws made it illegal for two consenting adults to exchange money for sex and by so doing they create an environment where scumbags throughout the country exploit the black market system to perpetrate real crimes that harm young girls.

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