The accusations are spelled out in sickening detail by federal prosecutors in court documents charging former Subway pitchman Jared Fogle with possessing and distributing child pornography and “commercial sex acts with a minor” or paying to engage in sexual activity with someone who is younger than 18 years old.

Two of the victims, prosecutors said, were 16 when Fogle committed sex crimes against them. Fogle admitted to those charges and has agreed to plead guilty. But why wasn’t he charged with rape?