QUEERTY QUERY

Should Daniel Simmons Be Deemed A “Rapist” If Teen Lied About His Age On Grindr?

Fingers have been shaking ever since 34-year-old Daniel Simmons, the former Deputy Attorney General of Delaware’s Department of Justice, was accused and charged with raping a 16-year-old boy he met on Grindr.

Grindr’s terms of service clearly state a person must be 18 (or 21) to use the app:

  1. AGE RESTRICTION.  THE GRINDR SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER.
    1. AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE GRINDR SERVICES.
    2. AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.

This begs the question: Is it fair to call Simmons a “rapist” when he may have very well thought the boy was of age? And should the 16-year-old be held responsible for knowingly violating Grindr’s terms of service and possibly deceiving Simmons?

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