Behind MAGA's noise over the "Epstein List" is a history of support for laws and policies that protect child abusers and punish children
Jesse
Mackinnon for Common Dreams
EDITOR'S NOTE: This is a long article, far longer than the usual we run. However, it is well worth reading. MacKinnon offers an extraordinary historical picture of laws and practices promoted by Republican politicians that essentially legalize child rape, force raped children to carry babies to term, protects child abusers and guts support systems for rape victims. In gripping fashion, MacKinnon puts the Epstein list into a context that, in my opinion, warrants your attention. - Will Collette
By the time the U.S. Justice Department released its memo in
July 2025, the faithful were already starting to turn. There was no “client
list,” no smoking gun, no perverted cabal of global elites laid bare for public
vengeance.
What they got instead was a cold government document and a
half-mumbled shrug from Donald Trump, who
barely remembered the man everyone else had turned into a folk demon. “Are
people still talking about this guy, this creep?” he asked, blinking like he’d
just wandered out of a golf simulator.
And then the punchline: nothing. Or rather, a truckload of
documents scrubbed clean and a memo telling the public to move on. The frenzy
turned inward. MAGA loyalists melted down on camera. Laura Loomer called for a
special counsel. Deputy FBI Director Dan Bongino stopped showing up for work.
Right-wing media turned on itself like rats in a pressure cooker.
But the Epstein file was never the point. The real story was
not buried in a locked safe or hidden by the FBI. It was out in the open. It is
still out in the open. The political movement that once pledged to drain the
swamp has spent its second tour of duty building a legal and bureaucratic
fortress around some of the oldest crimes in the book. Modern conservatism has
come to rely not just on outrage but on inertia, and nowhere is that more
visible than in its handling of child sexual abuse.
We are not talking about a secret ring or coded pizza menus.
We are talking about a system that tolerates child marriage in over half the
states. A system that forces raped minors to carry pregnancies to term. A
system that slashes funding for shelters and trauma counseling. A system that
lets rape kits pile up in warehouse back rooms while politicians pose in front
of billboards about protecting kids.
This is not a moral failure or a bureaucratic oversight. It
is an architecture. It is built from votes, funded by budgets, signed into law
by men who say they fear God but fear losing donors more. The Epstein affair
may have collapsed in a cloud of whimpering and spin, but what it revealed is
far more corrosive than any one man’s crimes. The question is not why they hid
the list. The question is why they need it at all when the ledger is already
written in their laws.
Legalized Child Marriage as Institutional Abuse
As of mid-2025, child marriage remains legal in 37 U.S. states. In most of these jurisdictions, statutory exceptions allow minors to marry with parental consent or judicial approval. Some states permit marriage for individuals as young as 15. Others lack any explicit minimum age when certain conditions are met. These legal frameworks persist despite growing evidence of their links to coercion, abuse, and lifelong harm.
Missouri serves as a prominent example. Until recently, it
permitted minors aged 15 to marry with parental consent. Testimony from
survivors has revealed how this legal permission facilitated predatory
relationships cloaked in legitimacy. In one case, a girl was married off to a
man nearly a decade older, and the marriage became a vehicle for sustained
sexual and psychological abuse. Former child brides in Missouri have since
called for a statutory minimum age of 18 with no exceptions. Legislative efforts
to enact such reforms have repeatedly stalled.
Tennessee offers a more recent and pointed illustration. In
2022, Republican lawmakers introduced legislation that would have created a new
category of marriage not subject to age restrictions. The bill failed under
public pressure, but it signaled a continued willingness by some conservative
legislators to bypass modern child protection norms. Even when confronted with
documentation of exploitation, physical violence, and long-term trauma, these
lawmakers often frame the issue around religious liberty and parental
authority.
The prevailing rhetoric in these debates centers on
traditional family values. Proponents argue that restricting child marriage
infringes on the rights of families to make decisions without state
interference.
In some cases, advocates for maintaining the status quo invoke
Christian theological justifications or present marriage as a preferable
alternative to state custody. These arguments shift the legal focus away from
the vulnerability of the minor and toward the autonomy of adults, particularly
parents and religious leaders.
This legal tolerance undermines the enforcement of statutory
rape laws. When marriage can be used as a legal shield, older adults who would
otherwise face criminal prosecution gain immunity by securing parental consent
or exploiting permissive judicial channels.
In practice, the marriage license functions as retroactive
permission for sexual contact with a minor. Law enforcement agencies are often
reluctant to investigate allegations within a legally recognized marriage, even
when age discrepancies raise clear concerns.
The persistence of child marriage statutes in
conservative-controlled states is not simply a relic of outdated law. It
reflects a policy choice. The choice is to preserve adult control over minors,
particularly in contexts that reinforce patriarchal and religious hierarchies.
In doing so, the state becomes an active participant in the
erasure of consent. Legal recognition of these unions confers legitimacy on
relationships that, in other contexts, would be subject to prosecution. The
result is a bifurcated legal system where a child’s age and rights are
contingent on the adult interests surrounding her.
Forced Birth Laws and the Abandonment of Minor Victims
Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, state legislatures moved swiftly to implement abortion bans. As of July 2025, 10 states enforce prohibitions with no exceptions for rape or incest. These laws apply equally to adults and minors. In doing so, they erase the distinction between consensual and coerced sexual activity and impose state control over the bodies of children.
The consequences are observable. In Ohio, a 10-year-old girl
became pregnant after being raped by a 27-year-old man. Because Ohio law
prohibited abortion past six weeks and included no exception for rape, the girl
traveled to Indiana to terminate the pregnancy.
The physician who provided the abortion was targeted by
state officials and subjected to professional disciplinary action. The child’s
identity was shielded, but her case became a national flashpoint. No changes
were made to Ohio’s statute in response.
In Mississippi, a 13-year-old girl gave birth after being
raped by a stranger. Her family, unable to afford travel or secure an
out-of-state appointment, watched as the pregnancy advanced. Though state law
permitted abortion in cases of rape, it required police reporting and formal
certification by the authorities. The procedural burden, combined with lack of
local providers, rendered the exception functionally inaccessible. The
pregnancy was carried to term. No support infrastructure was provided beyond birth.
In Texas, multiple cases have emerged involving girls under
14 who were raped by family members or acquaintances. One minor received
abortion pills through informal networks. Another did not. In that case, the
pregnancy continued until birth. In both situations, school staff, health
workers, and shelter employees described an atmosphere of legal ambiguity and
fear. Providers worried about prosecution for aiding what could be construed as
an illegal abortion. Parents feared legal action or custody loss if they sought
help out of state.
These laws are not merely restrictive. They are designed to
inhibit access through a combination of legal uncertainty, bureaucratic
obstruction, and geographic isolation. Requirements for parental consent and
judicial bypass impose additional delays.
In conservative jurisdictions, judges often refuse bypass
requests outright. Clinics have closed. Providers have left. In many counties,
no legal abortion services exist. For minors with limited mobility, no
resources, and histories of abuse, these constraints function as a full
prohibition.
Psychological consequences are profound. Research conducted
by trauma specialists indicates that forced pregnancy following sexual assault
exacerbates the risk of suicidal ideation, self-injury, and long-term mental
illness.
Minors compelled to remain pregnant often experience acute
dissociation and chronic anxiety. Social workers report increased incidents of
runaway behavior, substance use, and refusal to attend school. The medical
literature consistently describes these outcomes as preventable harm.
The political response to these outcomes has been largely
nonreactive. Elected officials in affected states have declined to revisit
statutory language. When presented with specific cases, responses are limited
to procedural defenses or deflections. Conservative media outlets often ignore
these incidents altogether or question their veracity. State agencies rarely
publish disaggregated data on minor pregnancies resulting from assault. In
legislative hearings, victims are not called to testify.
This absence of acknowledgment is not accidental. The
architecture of forced birth laws depends on abstraction. It requires a
conceptual fetus without context, a generic moral narrative without victims.
The insertion of real children into that framework exposes its contradictions.
In response, the system silences or discredits those who do not fit the script.
The effect is the systematic abandonment of minor victims.
The state declines to intervene in the act of abuse, imposes control over the
outcome, and then withdraws when support is needed. In doing so, it transforms
rape from a crime to a reproductive event and reclassifies children as bearers
of state policy. The result is not a deviation from conservative thought. It is
one of its clearest expressions.
The Systematic Dismantling of Survivor Support
In early 2025, the Trump administration released a proposed federal budget for fiscal year 2026 that included significant funding reductions for agencies and programs supporting survivors of domestic and sexual violence. The Office on Violence Against Women removed all open funding opportunities from its website.
This move came amid a broader effort to eliminate what the
administration referred to as “woke” or ideologically driven programs. Internal
Department of Justice (DOJ) memoranda confirmed that existing grant language
was being revised to align with White House policy preferences, with particular
scrutiny directed toward anything referencing diversity, equity, or inclusion
(DEI).
The proposed budget eliminated the Centers for Disease
Control’s National Center for Injury Prevention and Control. That agency had
previously overseen funding for rape prevention and domestic violence education
through the DELTA and RPE programs. These initiatives provided critical
infrastructure for community-based interventions, including education
campaigns, prevention training, and partnerships with local law enforcement.
Their elimination removed a core pillar of upstream support.
At the same time, DOJ grant freezes disrupted downstream
services. Nonprofit organizations across the country reported immediate and
severe impacts. In Ohio, the Hope and Healing Survivor Resource Center
announced potential layoffs of its court advocates and a reduction in emergency
shelter capacity.
In Washington D.C., House of Ruth stated it was experiencing
multiple levels of new scrutiny when seeking reimbursement for already-approved
expenditures. Organizations were directed to pause hiring and halt finalization
of pending grant applications. Many could not meet payroll obligations for
March.
In Philadelphia, Women Against Abuse reported difficulties
accessing funding for its LGBTQ-specific services. In Washington state, the
King County Sexual Assault Resource Center prepared to end its legal advocacy
program entirely. In both cases, staff warned that client wait times for crisis
response had doubled within a single quarter. Administrators noted that many of
their clients were minors or undocumented women who lacked other options.
Reductions in services were expected to increase reliance on emergency
departments and law enforcement, systems ill-equipped to handle trauma recovery
or long-term safety planning.
The effects extended to rural programs as well. In smaller
counties, shelters funded primarily through DOJ block grants began closing
intake lists. Survivors were told to wait or relocate. Legal assistance for
restraining orders and custody cases became difficult to obtain. Mobile crisis
units were discontinued. Hospital advocates who had previously accompanied
victims during forensic exams were no longer available. Each removed position
created a compounding absence in systems already operating at capacity.
The budget’s emphasis on eliminating federal programs associated with DEI goals shaped the targeting of these cuts. While many victim services agencies did not explicitly advertise such language, internal reviewers flagged any mention of racial disparities, LGBTQ outreach, or culturally specific programming as potentially noncompliant with revised priorities.
A senior DOJ official, speaking anonymously, stated that the Office
on Violence Against Women had been instructed to avoid “risk exposure” by minimizing
support for identity-based initiatives.
Although the Violence Against Women Act had been reauthorized in 2022 with bipartisan support, its implementation now faced procedural obstruction. Staff who had expanded under the prior administration were informed they might be subject to termination.
A memo from the Office of
Management and Budget described plans for agency-wide attrition. Staff with
less than three years of tenure were given no assurances. Departments were
instructed to prepare for reduced grant-making capacity over the following two
fiscal cycles.
The dismantling of support systems was neither sudden nor
undocumented. It unfolded through administrative erasure, funding attrition,
and legal recalibration. Survivors of violence were displaced not by explicit
prohibition but by the withdrawal of every practical means of assistance.
Those left behind were often the least able to navigate the
resulting gaps. For these individuals, the state offered no replacement.
Instead, it imposed a bureaucratic silence where aid had once existed. The
outcome was a deliberate contraction of the public obligation to protect.
Forensic Neglect and the Rape Kit Crisis
Despite the adoption of sexual assault kit tracking systems
in over 30 states, the United States continues to face a persistent national
backlog. Tens of thousands of kits remain untested in police storage
facilities, hospital evidence rooms, and crime labs. Many of these kits have
been stored for years without analysis. Ⓒ Patricia Williams
Others were never submitted for processing due to
departmental triage, lost documentation, or discretionary decisions by
investigating officers. While some states have mandated timelines for
submission and testing, enforcement mechanisms remain weak, and compliance is
inconsistent.
The Sexual Assault Kit Initiative, a federal program
designed to support evidence processing and data coordination, has received
limited attention under the current administration. Although the initiative has
produced measurable results in jurisdictions that prioritized its
implementation, recent Justice Department actions suggest a deprioritization of
forensic reform. The DOJ has declined to expand funding, and the program has
not featured in recent public safety messaging. Internal budget documents indicate
that grants for kit testing were not included in the administration’s revised
funding priorities for fiscal year 2026.
As a result, survivors often experience long delays in receiving updates about their cases. Some discover years later that their evidence was never tested. Others are notified only after investigations are closed due to expired statutes of limitation. Communication is sporadic and mediated by agencies with limited resources and unclear protocols.
Victims who
attempt to inquire directly are frequently redirected or denied information
outright. In some states, survivors have been required to submit formal public
records requests to learn whether their kits were processed.
These delays compromise prosecutions. When evidence is
eventually tested, witnesses may be unreachable, suspects may no longer be
within the jurisdiction, and memory degradation may weaken the reliability of
victim testimony.
Prosecutors, facing caseload pressures and limited
bandwidth, often decline to pursue cases that were mishandled in their early
stages. Defense attorneys use the lag in testing to undermine credibility or
introduce procedural challenges. The net effect is a collapse in accountability
long before any trial begins.
The failures of evidence handling disproportionately affect
marginalized populations. In rural areas, law enforcement agencies lack
personnel and funding to maintain evidence integrity or pursue cold cases. In
urban centers, kits from Black, Indigenous, and Latina victims are more likely
to go untested.
Multiple studies have found that law enforcement officers
are more likely to doubt the credibility of victims from low-income
neighborhoods, undocumented communities, or those with previous contact with
social services. These judgments influence whether evidence is submitted for
analysis and whether cases receive investigative follow-up.
The forensic crisis is compounded by data gaps. Many states
do not track the number of untested kits in private hospitals or non-mandated
reporting facilities. Others exclude kits from the backlog if they were
collected before a specific year. The result is an undercounting that obscures
the true scope of institutional failure. Federal authorities have not
established a national registry or auditing mechanism to standardize reporting.
This lack of oversight permits continued neglect without consequence.
Efforts to reform the system remain fragmented. Some
jurisdictions have implemented notification protocols to alert survivors when
their kits are tested or their cases reopened. Others have passed legislation
requiring mandatory submission timelines. These efforts, however, rely on
sustained funding and political will. In the current policy environment,
neither can be assumed.
The accumulation of untested rape kits reflects more than a
bureaucratic shortfall. It reveals a hierarchy of value embedded in forensic
practice. Victims whose experiences align with prosecutorial priorities receive
attention. Those who fall outside those norms are left in limbo. The backlog is
not only a logistical failure. It is a measure of who is deemed worthy of
pursuit.
The Performance of Protection and the Reality of Harm
In the contemporary conservative lexicon, few terms have gained as much political traction as “groomer.” Once associated narrowly with criminal prosecutions of adults who built relationships with children for the purpose of sexual exploitation, the term has been repurposed as a generalized insult. It now targets a wide array of perceived ideological enemies, from public school teachers to LGBTQ advocates to librarians. In its current usage, “groomer” does not denote a specific criminal act. It signifies dissent from cultural orthodoxy. It functions rhetorically rather than descriptively.
This shift is not accidental. The term has become a central
instrument in the conservative culture war arsenal. It is applied liberally to
any policy, institution, or public figure that departs from a narrow conception
of sexual and gender norms. The invocation of grooming no longer requires
evidence. It requires proximity to subjects deemed socially suspect.
Teachers who support inclusive sex education, therapists who
serve queer youth, and public health professionals working with at-risk
adolescents are all subject to the accusation. The result is not the exposure
of exploitation. It is the expansion of suspicion.
The logic underpinning this rhetorical turn is strategic. By
collapsing the distinction between ideological disagreement and criminal
intent, the conservative movement recasts public discourse as a permanent
battlefield of moral danger. In this framework, policy is secondary. What
matters is posture. The capacity to signal vigilance becomes more important
than the provision of safety. The accusation becomes the protection. The
spectacle replaces the intervention.
This performance obscures the absence of actual safeguards
for children. While conservative figures warn of drag queens and inclusive
curricula, they vote against background check expansions for youth workers.
They resist efforts to create national child abuse registries that include
religious institutions. They block legislation to raise the minimum age of
marriage. They eliminate funding for school counselors and after-school
programs. They cut budgets for child protective services and reduce oversight
of private adoption and foster care networks.
There is no contradiction here. The performance is the
policy. Protection is not measured in outcomes. It is measured in volume. The
louder the accusation, the less scrutiny is applied to legislative choices.
Policy failure is neutralized by narrative substitution. When a child is raped
and forced to give birth, the story is not told. When a teacher reads a picture
book about diverse families, the story is told at volume. One incident is
silent law. The other is national scandal.
The political value of outrage lies in its ability to
redirect attention. Material neglect becomes invisible behind symbolic noise.
The passage of laws criminalizing drag performances near schools draws
headlines. The failure to fund rape crisis centers does not. By focusing public
energy on the symbolic boundaries of morality, policymakers insulate themselves
from accountability for structural abandonment. The child becomes a rhetorical
device. She exists in theory rather than in law.
This asymmetry is visible in legislative activity. Since 2022, Republican-controlled legislatures have introduced hundreds of bills targeting LGBTQ speech, education content, and library access. Fewer than 10 bills have addressed forensic backlog reform. Even fewer have advanced.
Proposed federal legislation to protect minors from online exploitation has
repeatedly failed due to concerns about regulation of private companies. At the
same time, multiple states have attempted to prosecute school staff for discussing
gender identity under “grooming” statutes. The alignment is clear. Threats are
defined ideologically. Interventions are reserved for performance.
Media infrastructure amplifies this distortion. Conservative
news outlets and online influencers produce continuous content warning of
threats posed by social workers, librarians, and drag performers. The framing
consistently positions adults who support youth autonomy as predators. At the
same time, actual cases of child sexual abuse in religious, athletic, and
political institutions are downplayed or reframed. The function of this
narrative is not to inform. It is to sustain a moral panic that legitimizes
surveillance and censorship while diverting attention from systemic failures.
This process also redefines harm. Under the current
paradigm, harm is not measured by suffering or injury. It is measured by
deviation from normative identity. A child exposed to age-appropriate
information about gender is framed as endangered. A child raped and forced to
carry a pregnancy is not framed at all. She exists outside the moral narrative.
Her pain is illegible because it does not confirm the ideological premise. She
does not symbolize anything useful. She is inconvenient.
This redefinition produces policy that protects ideology
rather than people. It enshrines the fiction that surveillance and restriction
produce safety. It displaces accountability by substituting criminalization for
care.
The result is a system in which the primary targets of
protective legislation are not predators but professionals. Teachers,
counselors, and medical providers are monitored more closely than the men
marrying minors or the judges enabling child pregnancies. The apparatus of
protection becomes an apparatus of control.
This structure is not malfunctioning. It is performing as
designed. The emphasis on symbolic enforcement over material assistance ensures
that power remains centered. Actual protections would require redistribution.
They would require funding, oversight, and transparency. They would require
confronting the institutions most closely aligned with conservative authority:
churches, courts, families. That confrontation is not forthcoming. Instead, the
state protects the ideology of protection while abandoning the child.
The cumulative effect is institutionalized harm. Systems
nominally built to safeguard children instead categorize them. They are either
politically useful or they are not. Those who conform to the narrative of
victimhood receive visibility without assistance. Those who contradict it
receive neither. The performance of protection absorbs public attention. The
reality of harm proceeds without interruption.
This disconnect is not unique to recent years. It has
precedent in every era of moral panic. What is distinct in the current moment
is the speed and reach of narrative enforcement. Digital media enables rapid
mobilization around symbolic events. Legislation follows quickly. Meanwhile,
data on actual abuse, assault, and neglect remains underreported and
underanalyzed. The disparity between visible outrage and invisible harm grows
wider. The system becomes harder to map and easier to perform.
The result is a hollow institution of child protection. It
possesses language without infrastructure, law without care, and policy without
contact. It functions as a mirror reflecting ideology back to its authors. The
child at the center of the performance is not protected. She is used. The
system that claims to speak for her leaves her undocumented, unsupported, and
unacknowledged. This is not a gap in the system. It is the system.
A Coherent System, Not a Series of Failures
This is not the result of a broken machine. It is the machine.
Child marriage laws that legalize statutory rape. Forced
birth mandates that turn trauma into state policy. Rape crisis centers
shuttered by budget design. Evidence kits rotting in closets. Drag queens
banned from libraries while judges greenlight the weddings of 15-year-olds to
grown men.
None of this happens by accident. The patterns are too
consistent, the outcomes too aligned. This is not a case of good intentions
gone astray or bureaucratic confusion. It is a deliberate configuration of
legal tools designed to shield abusers and discipline the abused.
The architecture holds. What looks like hypocrisy from the
outside is strategy from within. It is not a contradiction to scream about
“protecting children” while erasing them from legislation, data, and policy. It
is not a glitch that the same people who ban books on puberty also block
efforts to process rape kits. It is not ironic that the man whose
administration claimed to be exposing Epstein’s secrets ended up presiding over
their burial. It is structural.
The Epstein file was never about closure. It was about
control. It served as a pressure valve, a vessel for all the anxiety and
suspicion the base could not voice elsewhere. But when the promised reckoning
finally came, it was blank pages and black ink. No fireworks. No arrests. Just
a memo and a shrug. The silence that followed was not empty. It was full of
meaning.
Because while they waited for the names to drop, the rest of
the machine kept humming. Pregnant children were denied care. Shelters lost
funding. Backlogs grew. Survivors disappeared into legal limbo. And the same
men who had built their brand on outrage offered nothing but slogans and
deflection. The spectacle of protection kept playing. But behind the curtain,
the laws were doing exactly what they were designed to do.
It is easy to mock the true believers who spent years
convinced that justice was one release away. But they were right about one
thing. There is a network. It is not secret. It is written into the statutes
and reinforced by the budgets. It lives in the votes cast to stall reforms and
the speeches given to demonize victims. The rot is not hidden. It is codified.
The question now is not whether the system will be exposed.
It already has been. The question is whether people are willing to see what has
been made plainly visible. To understand that the policy scaffolding of modern
conservatism is not a malfunctioning child safety program. It is a functioning
disciplinary regime. Its purpose is not to protect the vulnerable. It is to
sort them. To elevate the compliant and erase the inconvenient.
The Epstein affair was never going to end in justice. It was
a mirror. What it reflected was not a single man’s sins but a political order
that treats predation as a price of stability. The client list doesn’t need to
be released. The clients wrote the laws. The machine is working.
Jesse Mackinnon
is a high school history teacher running for Congress in California’s 10th
District. He is challenging a sitting Democratic incumbent in the primary
because of congressional Democrats’ unwillingness to meaningfully oppose the
Trump administration.