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View Diary: Judge calls a 13-year-old "predatory" after she was raped by a 41 year-old. (278 comments)

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  •  Statutory means the victim (the girl, in case (0+ / 0-)

    you're still confused) is legally incapable of "consent"...

    We don't know the facts of the case
    An underage girl had sex with a grown man... That's statutory rape.  How many other facts do you need?
    Now, that's still a crime, don't get me wrong. And it's still child rape, very serious, etc. But in the real world, it's just a different thing than the adult setting out to have sex with an otherwise completely innocent child and manipulating her in the sense that a word like "child predator" would imply.
    then it means that society thinks violence against women is acceptable.
    Society DOES think violence against women is acceptable, because the laws and rules continue to be written and reinforced by men.  Witness your continued thinly-veiled apologies for the man's behavior and related obfuscatory comments.

    "There's always room for cello." Yo Yo Ma

    by ceebee7 on Sun Nov 24, 2013 at 01:02:38 PM PST

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    •  Laws are different in the UK (1+ / 0-)
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      Sex with any individual without consent is rape.  "Statutory rape" is a sex act with an underage person who is deemed to not be able to consent.  In the UK, that age is 12 and under.  Thus, although the "age of consent" is 16, that is not the cut-off for "statutory rape"
       (which is not a term used in English law.

      Instead, sex with a 13 to 15 year-old is rape only if it is non-consensual. If it is consensual, the crime is sexual activity with a child, which is not considered rape under English law.

      A defense to a charge of sexual activity with a child is that the child reasonably appeared to be 16.  That is part of the reason the court focussed on the appearance of the child--i.e., establishing that she did not look 16 forestalled that defense.

      Sentencing guidelines for sexual activity with a child can be found here

      The offender in this case was subsequently sentenced to two years, which seems in line (and perhaps even a bit harsher) than sentences in similar cases.

      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

      by Old Left Good Left on Sun Nov 24, 2013 at 02:12:12 PM PST

      [ Parent ]

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