Fox was saying he should have reported it because of statutory rape. He was of age, meaning its not rape. Two contenting adults its not rape.
Here is an update as well (he never even had sex in the first place!)
http://mediamatters.org/blog/200910020029EXCLUSIVE: Statement from former student at center of Fox-fueled Jennings controversy
October 02, 2009 4:05 pm ET by Karl Frisch
The former student at the center of the Fox News fueled Jennings controversy has provided Media Matters for America with the following statement:
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.
- Brewster