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View Diary: Unfit judge rules rape victim who killed herself 'was as much in control of the situation' as rapist (171 comments)

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  •  I'm not arguing against that... (6+ / 0-)

    I'm just saying that we need to mete out the punishment based on the offense. There's a huge difference between this guy and some stupid kid who is dating a girl slightly younger than him. People charged with rape have to sign into the sex offender registry for the rest of their lives. Great for people like this guy, not so great for someone who made a stupid mistake when they were a dumb kid. There is some argument for overhauling the system. All I'm saying is, not everything is black and white.

    •  so if the rules protect one dumb kid from (0+ / 0-)

      another dumb kid, but that's an uncomfortable outcome for a dumb kid, change the rules to make the younger dumb kid less protected?

      I don't see it.

      LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

      by BlackSheep1 on Wed Aug 28, 2013 at 01:44:43 PM PDT

      [ Parent ]

      •  That's not what I'm saying... (3+ / 0-)
        Recommended by:
        OhioNatureMom, brein, Nebridg

        I'm saying we need to make a distinction. Should someone who had sex with their girlfriend a couple years younger than them when they were in high school pay for it for the rest of their lives? If not, then shouldn't we try to find a way to overhaul the system so that we can weed out the real predators from the stupid teenagers being stupid teenagers?

        •  I guess my question is, why do we (2+ / 0-)
          Recommended by:
          swampyankee, alice kleeman

          consider some rapists less guilty than others?

          Let's look at this a different way.

          A first-year teacher seduces a high-school student. That's rape, yeah?

          A college senior gives roofies to a fellow student. That's rape, yeah?

          A 15-year-old forces sex on a 14-year-old. That's rape, yeah?

          How is it not rape if the 14-year-old consents to sex with the 15-year-old? The 14-year-old is still legally incapable of consent, yeah?

          Now what if both are boys, or both are girls? Does that make a difference? In my mind, NO.

          What makes the difference is the ability under the law to consent -- and that's not entirely based on age. It's based on competence to conduct one's own life according to one's own wishes.

          Being drunk interferes with that.
          Being underage interferes with that.
          Being traumatized interferes with that.
          Being coerced interferes with that.

          I have a tough time thinking there's ever not some coercion going on if one member of a sexual relationship is an adult and the other is not. It's a power-play aspect, to me.

          LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

          by BlackSheep1 on Wed Aug 28, 2013 at 02:43:27 PM PDT

          [ Parent ]

          •  In your ideal world... (1+ / 0-)
            Recommended by:
            brein

            teenagers are prosecuted for having sex with one and other? How is it not rape if the 14-year-old consents to sex with the 15-year-old? The 14-year-old is still legally incapable of consent, yeah?

            This makes about as much sense as Mike Huckabee on mescaline. - Prodigal 2-6-2008

            by Tonedevil on Wed Aug 28, 2013 at 03:21:29 PM PDT

            [ Parent ]

            •  In my ideal world, (3+ / 0-)

              kids aren't coerced into sex.

              Not by older peers.
              Not by same-age peers.
              Not by adults.
              Not by drugs.
              Not in return for food or clothes or just not being beaten right now.

              LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

              by BlackSheep1 on Wed Aug 28, 2013 at 03:38:56 PM PDT

              [ Parent ]

              •  Well I can't argue against... (2+ / 0-)
                Recommended by:
                Sparhawk, OhioNatureMom

                not being coerced into sex. I would go so far as to say that no one not even adults should be coerced into sex. That's different than charging a 15 year old for the statutory rape of a 14 year old which is how I interpret this How is it not rape if the 14-year-old consents to sex with the 15-year-old? The 14-year-old is still legally incapable of consent, yeah.

                This makes about as much sense as Mike Huckabee on mescaline. - Prodigal 2-6-2008

                by Tonedevil on Wed Aug 28, 2013 at 03:47:20 PM PDT

                [ Parent ]

          •  I think you miss my point... (5+ / 0-)

            My point was, should someone who had sex with their slightly younger girlfriend/boyfriend be forced to pay for it the rest of their lives? I'm not saying under the law it isn't rape, I'm not even saying that the law should be changed. What I'm saying is, should we hold teenagers to the same standard we hold adults? If a grown man has sex with a 14 year old, he knows better. He has no excuse. A 15 year old, however, is still a stupid kid who is running on hormones and may not be thinking rationally. So should said kid have to keep registering as a sex offender when they're 35? That is all I'm asking. How long do we punish someone who, according to biology, wasn't exactly thinking clearly at the time they did it?

            If a juvenile steals a car at 15, they go to juvy, but they don't have to keep registering with the local authorities the rest of their life. So should we do the same for someone who had sex with their slightly younger girl/boyfriend? Age of consent laws exist precisely because kids don't have the reasoning skills adults have. Yet we have a legal system that treats them like adults anyway. That is simply my point.

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