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A co worker's son is facing 16 years to life in jail for having had conscentual sex with a young woman. Okay he was 18 and she was 15. She presued him not the other way around and she was interested in keeping it up but he said no. They did it twice, and he deided he couldn't any more as he felt that it was not right and went on to find a woman his age. The young woman didn't like this and told her guardian. Her guardian has put him in jail for statitory rape. After two years of fighting this he has given up. He has decided not to try to go to actual trial as he knows how it looks.
Now my problem with all of this is that NOTHING is going to happen to the girl and she is still chasing older men. I know why the law is out there, but what about the girls who chase the older guys and they give in as the girls say yes. And I know that it needs to be there, but what happens to the girls in these situations? I personally don't think it is okay to only punish half of the problem in these situations. I know there are girls who get taken advantage of that this law protects, but what about the ones who think it is cool to date an older guy and such. I just don't know. I just am feeling bad for my co worker and I had to vent.
Thanks now back to the 40th anniversary of Rudolph The red-Nosed Reindeer.
Now my problem with all of this is that NOTHING is going to happen to the girl and she is still chasing older men. I know why the law is out there, but what about the girls who chase the older guys and they give in as the girls say yes. And I know that it needs to be there, but what happens to the girls in these situations? I personally don't think it is okay to only punish half of the problem in these situations. I know there are girls who get taken advantage of that this law protects, but what about the ones who think it is cool to date an older guy and such. I just don't know. I just am feeling bad for my co worker and I had to vent.
Thanks now back to the 40th anniversary of Rudolph The red-Nosed Reindeer.
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Date: 2004-12-02 06:08 am (UTC)From:no subject
Date: 2004-12-02 07:47 am (UTC)From:2 counts. 6-16 years. AND 4000 dollars in penalties.
3 things are going to help him if any from what I know.
its all Reasonable doubt.
1. Prove they had sex that night that long ago.
2. Prove she didnt want to.
3. Bring to light why she changed her mind.
Penal code 263 states that guilt of the crime is dependant on the outrage of the victim. bring out proof that she was apathetic.
Granted - Criminal law isn't really my gig...but...
Date: 2004-12-02 07:31 pm (UTC)From:Prove that she didn't want to, and you get to tack on sexual assault and possibly child molestation (though the age range here makes that unlikely).
What surprises me is that he's looking at felony penalties - I was under the impression that statutory rape was a misdemeanor unless there was a significant age gap (10+ years) or the "victim" was under a certain age (13 I believe in Cali).
The fact that he's staring down a potential 16 year sentence makes me wonder if he's up for more than the statutory charge...
Re: Granted - Criminal law isn't really my gig...but...
Date: 2004-12-02 08:15 pm (UTC)From:Statutory rape seems to be a blanket term with two seperate criminal charges it covers.
misdemeanor sexual misconduct - consented sex with an individual under the age of consent, but within reasonable age of the indivudual the act was with.
felony sexual assault - wherein age is of an abnormal difference, or the act was without the consent of the minor.
question for K, if they cant prove the act ever happened, no case right?
Re: Granted - Criminal law isn't really my gig...but...
Date: 2004-12-02 09:40 pm (UTC)From:Ok, it's entirely possible that California defines statutory rape differently, but what I was taught was that statutory rape, misdemeanor sexual assault, and felony sexual assault are three very distinct things.
Statutory rape is any sexual intercourse between a person (in Cali it's male or female) who is above the age of majority (18 in Cali) and a person who has not achieved majority. Consensuality is not an issue. Intent to commit rape is not necessary. The act and the age are all there is to it.
Sexual misconduct, as I understand it, entails an entire spectrum of behaviors - including frotteurism, voyeurism, public nudity, and any number of other things.
Felony assault would include sodomy, forced oral intercourse, and other more serious acts.
Rape (not the statutory version) is non-consensual sexual intercourse.
If they can't prove sexual intercourse they have no case - but it sounds like he's admitted it happened, which kinda tanks that.
If they can't prove it was non-consensual, I think a lot of the potential felony charges will fail as well - but that's hard to prove one way or the other. He says she pursued him, she says he misinterpreted and she wasn't interested. *shrug* Why do you think I'm not a trial lawyer... :)