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Hannity continued to push "statutory rape" smear even after Fox reporter questioned story's accuracy

October 05, 2009 1:19 pm ET — 23 Comments

On October 1, Fox News writer Maxim Lott acknowledged that he did not know whether the former student at the center of Fox's smear campaign against Kevin Jennings was in fact only 15 years old when -- 21 years ago -- that student told Jennings of his involvement with an "older man." But despite Fox's own reporter's questions about the accuracy of the story, Fox host Sean Hannity subsequently repeated the false allegation that Jennings failed to report to authorities the "statutory rape" of a 15-year-old.

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Former student was 16 years old -- the MA age of consent -- at time of conservation with Jennings

Driver's license confirms former student was 16 at the time. Media Matters for America exclusively obtained the Massachusetts driver's license of "Brewster," the former student of Jennings, confirming that at the time of the conversation, he was 16 years old -- the legal age of consent in Massachusetts.

Former student says he was "a sixteen year-old" and was the age "of legal consent at the time." In an October 2 statement obtained by Media Matters, Brewster said:

Since I was of legal consent at the time, the fifteen-minute conversation I had with Mr. Jennings twenty-one years ago is of nobody's concern but his and mine. However, since the Republican noise machine is so concerned about my "well-being" and that of America's students, they'll be relieved to know that I was not "inducted" into homosexuality, assaulted, raped, or sold into sexual slavery.

In 1988, I had taken a bus home for the weekend, and on the return trip met someone who was also gay. The next day, I had a conversation with Mr. Jennings about it. I had no sexual contact with anybody at the time, though I was entirely legally free to do so. I was a sixteen year-old going through something most of us have experienced: adolescence. I find it regrettable that the people who have the compassion and integrity to protect our nation's students are themselves in need of protection from homophobic smear attacks. Were it not for Mr. Jennings' courage and concern for my well-being at that time in my life, I doubt I'd be the proud gay man that I am today.

October 1, 5:03 p.m.: Fox's Lott questions accuracy of "rumors" that student was 15

Lott asks former student whether "rumor" that he was 15 is "accurate." As Media Matters for America exclusively reported, Lott sent a Facebook message to Brewster with a timestamp reading, "October 1 at 5:03pm." Lott wrote: "Please give me a call or e-mail me if you'd like to clear up any of the rumors out there. In particular, in one speech Jennings said that you were 15 when he gave you advice. Is that accurate?" Lott had written two prior stories for FoxNews.com discussing Jennings' 1988 conversation with Brewster and has claimed as fact that Brewster was 15 at the time -- despite that fact that significant publicly available evidence suggested that Brewster was actually 16. (Lott's stories now contain an editor's note stating, "Since this story was originally published, the former student referred to as 'Brewster' has stepped forward to reveal that he was 16 years old, not 15, at the time of the incident described in this report.")

Later on October 1: Hannity continued to push "statutory rape" of 15-year-old smear

October 1, 9:04 p.m.: Hannity repeats "statutory rape" smear. Following Lott's message questioning the accuracy of "rumors" that Brewster was 15 at the time of his conversation with Jennings, Hannity said on his Fox News show:

HANNITY: So will Kevin Jennings follow in the footsteps of Van Jones and all of the others that have been forced out of the Obama administration?

I'm joined now by the author of the New York Times bestseller, Guilty, Ann Coulter, and Fox News contributor, Kirsten Powers.

Guys, welcome aboard. Here's where this gets to be a big problem, Ann, because he even admitted in 2000 himself that this sophomore, who he said -- he said -- is 15 years old, came to him and said that he was having a relationship with an adult male.

His advice was -- not to tell the authorities, because by definition that would be, as The Washington Times said, statutory rape. His advice was to ask if he was wearing a condom. [Fox News' Hannity, 10/1/09]

October 1, 9:32 p.m.: Hannity alleges "statutory rape" of "15-year-old kid." Later on his Fox News show, Hannity said:

HANNITY: All right, so we have, you know, another czar in trouble. And many of them. All right, the latest one, this guy Kevin Jennings. You know, here's a guy. You're a pastor. And a 15-year-old kid goes into his office, seeks advice. He's having a relationship with an older -- with an adult, which, by the way, he said he was 15. That would be statutory rape. [Fox News' Hannity, 10/1/09]

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    • Author by dexteritas0071418 (October 05, 2009 1:41 pm ET)
      7  
      Sean, there's already a show on Syfy called "Scare Tactics", which is a lot more entertaining, and probably cheaper to put together in totality than paying Hannity's salary.
      Report Abuse
    • Author by Bad News (October 05, 2009 1:42 pm ET)
      3 1
      "Hannity the Mis-informer" Commentator in Disguise.
      Sometimes Sean talks like he has a Mouth full of Flies.
      His Knack for the Smear and the False Edit is Legendary.
      It would seem that Mr. Hannity likes to hurt people for reasons other than Monetary.

      Speak truth to power.


      Mr. News
      Report Abuse
      • Author by dexteritas0071418 (October 05, 2009 1:44 pm ET)
          2
        Maybe we should just speak limericks to them.
        Report Abuse
        • Author by pete592 (October 05, 2009 1:58 pm ET)
          2  
          That wasn't a limerick.

          I think it's a clerihew. I could be wrong.
          Report Abuse
          • Author by dexteritas0071418 (October 05, 2009 2:46 pm ET)
            1 1
            I know I know, but I wasn't a lit major and you caught my drift. I was actually wondering how long it would take before someone correctly my misuse of terminology.
            Report Abuse
        • Author by Brabantio (October 05, 2009 5:14 pm ET)
          1  
          Perhaps the trusty limerick
          could pull off the needed trick
          Hannity's moral crime
          beaten by oral rhyme
          ridding the air of the insufferable...
          Report Abuse
    • Author by all your eyes (October 05, 2009 1:52 pm ET)
      3  
      Isn't it criminal defamation to knowingly publish or broadcast false and defamatory information?
      Report Abuse
      • Author by ScienceBuff (October 05, 2009 2:13 pm ET)
        3  
        For a public figure the bar is raised and malice also has to be reasonably proven.
        Report Abuse
        • Author by dandelion (October 05, 2009 7:59 pm ET)
          1  
          I'm no lawyer, but think "reckless disregard" might be proven. After all, if the story is false and the intent is to malign (Hannity, unlike other media figures sued for defamation, has a demonstrated political agenda), then how much of a smoking gun would the courts need?
          Report Abuse
          • Author by ScienceBuff (October 05, 2009 8:50 pm ET)
               
            I'd like to think you're right. You're certainly correct that Hannity shows a reckless disregard for the truth. The question is whether it can be shown that he's applying it maliciously toward Jennings or whether his lawyers could sell it as primarily philosophical differences.
            Report Abuse
        • Author by bip84124092 (October 05, 2009 11:28 pm ET)
          1  
          The young man in question is not a public figure and Hannity is defaming him.
          Report Abuse
          • Author by ScienceBuff (October 06, 2009 8:22 am ET)
            1  
            I was referring to Jennings, not the young man, as a public figure. A decent lawyer could make a case that they are treating the young man as a victim and not defaming him.

            Don't get me wrong, I'm certainly not defending Hannity. What he is doing is slimy, disgusting, deplorable and dishonest. I'm just pointing out that a criminal defamation suit would be far from a slam dunk.
            Report Abuse
      • Author by OOzinEvil (October 05, 2009 2:56 pm ET)
          2
        Kinda like the false information Jennings published in his book, or said in the speech.
        If he thought the child was 15, regardless of what his actual age was, should of reported it.
        Report Abuse
      • Author by m.heft8723 (October 05, 2009 4:23 pm ET)
        1  
        It could have qualified as criminal defamation if a judge didn't rule that media "stars," such as Hannity, O'Reilly, Limbaugh, Savage, and etc. are programs of public discourse and, therefore, shall not be liable for criminal defamation. Can you believe it?! Lying to the American public is not a crime! These media misinformers are not liable for any lie!

        I would like to know of a group petitioning for the restoration of truth in media, demanding that the FCC restore this right. A judge and the FCC may rule that we take away the freedom of speech of the above "media," but how does this affect the civil rights of those who tell the truth?
        Report Abuse
    • Author by IRONY 101 (October 05, 2009 2:58 pm ET)
      4  
      Why is anyone surprised? FOX does this all the time. They report something which is false. It is then debunked...and yet they continue to report it as true. Someone ask Sean Hannity if China is drilling for oil off the coast of Cuba. Ask Sean Hannity if we found WMD in Iraq.
      Report Abuse
    • Author by DellDolly (October 05, 2009 3:09 pm ET)
      2  
      The problem all along was that they didn't publish the contradictory evidence about the kid's age.

      I agree, it was even more egregious, though, for Hannity to do it after a FoxNews reporter finally had the common sense/balls/pride to ask the student himself how old he was in the spring of his sophomore year in 1988. Since he was born in July of 1971, he was 16, therefore of legal consent to sexual interaction with anyone over the age of 16.

      It wasn't ever statutory rape. FoxNews should have told people that there was strong contradictory evidence that said that the kid was 16, and therefore it was likely that there was no sexual misconduct and tehre was nothing for the teacher to report.
      Report Abuse
    • Author by big2xrube6146 (October 05, 2009 3:22 pm ET)
      4  
      Looks like Hannity got caught in yet another LIE.
      Report Abuse
      • Author by hurricaneyankee52983 (October 05, 2009 5:10 pm ET)
        3  
        "Looks like HANNITY got caught in another lie." Nothing new here.
        Report Abuse
    • Author by Indy (October 05, 2009 4:53 pm ET)
      3  
      I don't see why everyone's picking on him. He's just doing what he's reflexively paid to do. Lie and distort. A big huge multi-million dollar propaganda spewing robot like him can't just stop on a dime. He's got a big ol bunch of lie spinning wheels to bring to a halt. It's not easy.
      Report Abuse
      • Author by OOzinEvil (October 05, 2009 11:41 pm ET)
          2
        Are you talking about Jennings or Hanity?
        Report Abuse
        • Author by tjmccool2284 (October 07, 2009 7:53 pm ET)
             
          Obviously, your attempts at snark are as poor as your logic. The Hannity is a serial liar as most egregiously shown during the Terri Schiavo matter when he lied every night about the Dr. Hammesfahr (Nobel prize nominated indeed) and the nurses and the lawyers and well, about almost everything.
          Here, he starts with an assertion of statutory rape which would be difficult to prove since there was, according to the young man, no sexual relationship. Now, it wouldn't matter if the then teenager was 15 or 16, there's nothing to report.
          How could Jennings be guilty of anything except in the famous college dropout's mind? And yours, of course.
          Report Abuse
    • Author by Lizinbklyn (October 06, 2009 3:36 pm ET)
      2  
      Since when has Hannity ever been concerned with the word 'TRUTH'?

      NEVER!!! IMO, a prostitute has more integrity than any fox employee!!
      Report Abuse

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