"Clearly, whatever Mr. Craig’s intentions, the police entrapped him."

[Cruzan]

...various signals — the foot tapping, the hand waving and the body positioning — are all parts of a delicate ritual of call and answer, an elaborate series of codes that require the proper response for the initiator to continue. Put simply, a straight man would be left alone after that first tap or cough or look went unanswered.

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His findings would seem to suggest the implausibility not only of Senator Craig’s denial — that it was all a misunderstanding — but also of the policeman’s assertion that he was a passive participant. If the code was being followed, it is likely that both men would have to have been acting consciously for the signals to continue.

Mr. Humphreys broke down these transactions into phases, which are remarkably similar to the description of Senator Craig’s behavior given by the police. First is the approach: Mr. Craig allegedly peeks into the stall. Then comes positioning: he takes the stall next to the policeman. Signaling: Senator Craig allegedly taps his foot and touches it to the officer’s shoe, which was positioned close to the divider, then slides his hand along the bottom of the stall. There are more phases in Mr. Humphreys’s full lexicon — maneuvering, contracting, foreplay and payoff — but Mr. Craig was arrested after the officer presumed he had “signaled.”

Clearly, whatever Mr. Craig’s intentions, the police entrapped him. If the police officer hadn’t met his stare, answered that tap or done something overt, there would be no news story. On this point, Mr. Humphreys was adamant and explicit: “On the basis of extensive and systematic observation, I doubt the veracity of any person (detective or otherwise) who claims to have been ‘molested’ in such a setting without first having ‘given his consent.’ ”

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