This is a very interesting issue I have not seen before. I’ll have to go some digging into this.
I got in trouble for having consensual sex with an adult. I was a probation officer and she was on probation with my department. I was not her probation officer when we had our relationship. There was no quid pro quo, coercion, threats or anything, which she admitted. But here I am! God I love this country. *sarcasm*
The problem I have is that there was no proof required that I had coerced or threatened her. It was just assumed that such a relationship is not natural and that for it to occur, the offender surely must have been trying to take advantage of victimize the person on probation.
I wonder if this ties into the mens rea issues. Yes, I committed the act. BUT….was there any intent to try to harm, take advantage of or victimize someone.