Debate and Discussion

Was it assault?
Aussie_kid at 11:09PM, March 9, 2007
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So I'm reading this book on past legal cases and I come across one of the examples under sexual assault.

Apparently this 16-year-old kid and his girlfriend finally decide to consumate their relationship. He starts off slow, repeatedly saying he'll stop as soon as she says so. Throughout the entire act, everytime she was hesistant, he asked her if she didn't want to proceed and she always said not to worry.

Next day, she wakes up and completely regrets what she just did the night before, so she goes to the police and claims rape. They arrest the kid and he gets tried and convicted and got out after three years.

Now, personally, I was like that kid my first time, making sure I had absolute permission before I even moved. I believe both parties have to consent, it shouldn't happen just because one's in the mood even though the other isn't.

However, this case does seem a little dodgy to me. Of course, the ladies I know say I'm a sexist for this, but I just don't think the guy should have gone to prison for something he was repeatedly told he had permission to do

Your views please
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last edited on July 14, 2011 11:11AM
Aurora Moon at 11:26PM, March 9, 2007
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I have to say, girls like that piss me off!

if they were really so hesistant then she should had just plain flat out said no and saved that for another time.

instead of reporting them for rape just because they felt shame and regret for giving thier boyfriends consent to an act that they didn't just want to do even though they NEVER SAID SO!

sadly, it's cases like this that makes REAL rape cases be taken less seriously….those girls just don't realize how much their actions can actually HARM other girls and women out there by damaging the creditablity of those who have actually been raped.

GRRR~!!
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last edited on July 14, 2011 11:09AM
reconjsh at 12:45AM, March 10, 2007
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What was the formal charge and/or actual conviction? I'm sure that was included in your book, or it's not really much of a legal book, lol.

I don't really feel like researching a bunch about rape - not a topic I enjoy - but I will say that it could have been ‘Statutory Rape’. I'm not sure how it works with 2 minors, what age limits apply in their state, etc etc… but it's a possibility. If ‘Statutory Tape’ was the actual charge, then consent is irrelevant as a minor is unable to give consent, assuming they have not yet reached the ‘Age of Consent’.

If that's not the charge, if it were just her changed word… what details does it provide in terms of evidence of force/violence? Was there any?

I can't possibly even consider debating this if I don't have more details… though, I don't think this is something I'm interested in debating in the first place.
last edited on July 14, 2011 3:02PM
ozoneocean at 1:39AM, March 10, 2007
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Reconjsh is right Aussiekid. We don't know the full story here, you've only presented the boy's side. You should know that during any sort of a trial where the accused party pleads not guilty they usually come up with a story that explains why they're not guilty. What you've posted sounds exactly like one of those. :)

If a jury still put him away it's a good chance that the evidence and/or story to the contrary was even more convincing. ;)
 
last edited on July 14, 2011 2:26PM
mlai at 5:55AM, March 10, 2007
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How is it statutory rape if both consenting parties are under 18? Sexism.

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last edited on July 14, 2011 2:05PM
reconjsh at 9:19AM, March 10, 2007
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mlai
How is it statutory rape if both consenting parties are under 18? Sexism.

Like I stated, I don't know how statutory rape legally works. I just know that if it's that kind of rape, consent is irrelevant. From what I just read, there's seems to be a lot of gender bias in Statutory rape…

I'm sure the author of this thread will let us know more details if they were sincere about debating this. I'll hold any further guesses till then.

Here's some Florida state law regarding Statutory rape:
Someone
(4) LEWD OR LASCIVIOUS BATTERY. – A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

It doesn't mention age in regards to THIS particular section… so I think 2 minors can commit this crime consentually together.

Also, the author of this post doesn't mention the GIRLFRIEND's age… the BF is 16, but if the GF is 12-16, then the BF is at the Age of Consent but the GF is not. Statutory Rape. There's little defense to be made in this kind of charge… it's mostly a pass or fail… either you're at the age of consent or it's rape.
last edited on July 14, 2011 3:02PM
ozoneocean at 6:28PM, March 10, 2007
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Aussie Kid is of course an Aussie and the charge of “Statutory rape” does not exist in Australia. We have something called “unlawful carnal knowledge” I think… Anyway, the age of consent here is 16 years of age, So if Aussie kid is talking about something in Australia, then “Statutory rape” can't be an issue.

A 16 year old isn't usually charged as an adult though (in Australia), so if it was here I doubt the boy went to prison. He would probably have gone to juvenile detention.
 
last edited on July 14, 2011 2:26PM
reconjsh at 6:39PM, March 10, 2007
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Oh, I didn't realize it wasn't a term he'd be familiar with.

And is the case that he was studying Australian? I want to know more about this case, but he hasn't returned to give details :(
last edited on July 14, 2011 3:02PM

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