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View Diary: Judge sentences ex-teacher to 30 years for raping student who killed herself. No wait, 30 DAYS! (142 comments)

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  •  Isn't the inability of a 14 year old to consent to (18+ / 0-)

    sex a matter of law?  So doesn't the "lack of judgment" on the part of the judge include a lack of willingness to accept the demands of the law?

    --------------------- “These are troubling times. Corporation are treated like people. People are treated like things. …And if we ever needed to vote, we sure do need to vote now.” -- Rev. Dr. William J. Barber

    by Fiona West on Tue Aug 27, 2013 at 10:56:35 AM PDT

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    •  Agreed !! Same sentiment !! (8+ / 0-)

      The judge violated his oath to uphold the law.

      I think that Republicanism is revealing itself as a personality disorder, not so much an ideology." -- Naomi Klein

      by AllanTBG on Tue Aug 27, 2013 at 11:02:04 AM PDT

      [ Parent ]

    •  yes thus the conviction (1+ / 0-)
      Recommended by:
      Adam B

      but on sentencing then you look to the idea that not all 14 year olds are created equal.

      Did she "consent" or was she forced into it involuntarily?
      What's the age gap between the two parties?
      Was there alcohol or drugs involved?

      A whole host of things you wouldn't consider during guilt or innocence in a statutory rape case that you would consider during sentencing.

      •  asdf (6+ / 0-)

        Did she "consent" or was she forced into it involuntarily?

        She was a child, therefore could NOT consent.

        What's the age gap between the two parties? Irrelevant in this case for 2 reasons - one, she was under the age of consent, and two, even if she wasn't, he was her teacher and therefore in a position of power and there could be no consent.

        Was there alcohol or drugs involved? Why the fuck does this even matter?  HE. RAPED. A. CHILD.  Therefore, he should rot in prison for the rest of his miserable little life.

        The Girl Who Loved Stories
        I’m a feminist because the message is still "don’t get raped" not "don’t rape"

        by Avilyn on Tue Aug 27, 2013 at 02:41:08 PM PDT

        [ Parent ]

        •  legally you are wrong (0+ / 0-)

          when it comes to sentencing.

          She could not consent for the merits, but the question of whether she was WILLING or not does and will matter on sentencing.

          I presented the age gap as one of a serious of issues, an example, a list, of things that matter at sentencing.  Obviously in THIS case, that particular factor would cut against the accused.  In other cases, it would not.

          Because it does matter.  And you've created a standard where you'd give life in prison to a 24 year old who had sex with his willing 16-year-old girlfriend who loved him and he her if the AOC was 17 and also life in prison to someone who had sex with a 3 year old, or drugged and raped a 12 year old, or pinned a 16 year old down in the bushes and raped her.

          Those are acts that are all criminal, and should be, but the amount of punishment we should give to each is most assuredly not all the same, yet you've said, all the same with an overly simplistic argument.

          sorry, can't agree and despite the bold blocks and all caps I dont agree.

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