Court Hears Appeal in Teen Oral Sex Case
- Thread starter AFA
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Minors cannot give consent - hence they cannot have consensual sex.
Hence why underage sex, drinking and many other things are illegal.
cheers,
PS: I have not reviewed the case intimately.
and I think that's a bunch of crap...
This case is completely beyond ridiculous! Its almost disturbing!
member006
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Laws vary everywhere, that's the problem. Many variables involved in most of them. As I said above, most of the laws are written splitting hairs. Yet with this kid they stuck to the letter of the law. So many and its stupid. Its like with the drinking and driving thing, DWI OR DUI? Bite me if you had one or twenty you're drinking and driving. End of story in my eyes.
LL
This is a good example of why lawmakers should think before they create laws. Sooner or later they will be used in a way that they didn't intend if it's possible no matter how much common sense dictates otherwise. I also don't know why common sense can't be applied to them. It's like somebody my brother knows that is serving 40 years in prison for selling three rocks of meth. Supposedly since it might of been possible for the person buying it to overdose and kill himself on them they charged him with three counts of attempted manslaughter or something like that instead of just selling drugs.
Some places are changing the laws to make things like this when the people involved in it are relatively close in age either not illegal or drastically reducing the punishment.
There are some things I find peculiar in this case. I can see why legally they could charge somebody over 18 in a technical sense with statutory rape with somebody that is a below the age of consent, but in this case they are both minors, so it doesn't make any sense. Also if it was consensual why is it that the person that is male is being the only one being charged? If they really believed in the law wouldn't she be charged equally with the same crime against him, since they are doing the same crime to each other?
I do feel sorry for him. Being labeled as a sex offender is one of the worst punishments you can get. It might even be worse than the prison time, which is unreasonably large. I do think it's unconstitutional just on the grounds I think an unusually large disproportional prison sentence compared to the severity of the crime you commit to be a form a cruel and unusual punishment.
Some places are changing the laws to make things like this when the people involved in it are relatively close in age either not illegal or drastically reducing the punishment.
There are some things I find peculiar in this case. I can see why legally they could charge somebody over 18 in a technical sense with statutory rape with somebody that is a below the age of consent, but in this case they are both minors, so it doesn't make any sense. Also if it was consensual why is it that the person that is male is being the only one being charged? If they really believed in the law wouldn't she be charged equally with the same crime against him, since they are doing the same crime to each other?
I do feel sorry for him. Being labeled as a sex offender is one of the worst punishments you can get. It might even be worse than the prison time, which is unreasonably large. I do think it's unconstitutional just on the grounds I think an unusually large disproportional prison sentence compared to the severity of the crime you commit to be a form a cruel and unusual punishment.
Firstly:
Secondly:
I responded to the thread just to point out the inconsistency of:
I'm not speaking about "consent" as applies to the case at hand (in this thread): I'm just speaking about 'minors' and 'consent' in general. My initial post never directly applied to the case as highlighted in the first post of the thread. Hence why I said:
There's actually a H-U-G-E difference between DUI and DWI. Not all impairment is alcohol induced (lack of sleep, for example).
But that's a different thread.
cheers,
Let me state that again:Roughneck said:
Roughneck said:
Secondly:
I responded to the thread just to point out the inconsistency of:
I just wanted to point out that "minors" cannot give "consent". The two concepts are mutually exclusive. A minor needs to be legally emancipated to give consent. I'm not just making this up outta my ass - over 2 centuries of common law jurisprudence state as such. If 2 minors can "have consensual sex", then it should be ok for 14 year olds to boff 12 year olds (just to give an example).
I'm not speaking about "consent" as applies to the case at hand (in this thread): I'm just speaking about 'minors' and 'consent' in general. My initial post never directly applied to the case as highlighted in the first post of the thread. Hence why I said:
Roughneck said:
It is interesting you bring that up.
There's actually a H-U-G-E difference between DUI and DWI. Not all impairment is alcohol induced (lack of sleep, for example).
But that's a different thread.
cheers,
No. He was charged with "child molestation". Obviously this is a case of the girls parents finding out what happened and getting upset and wanting to take it out on this kid. I still believe the prosecutor should have never brought this case to trial. But we dont know who the girl was or who her parents were. There was most likely some heavy politics at play here. But since the judge couldn't seem (or didn't want) to do anything about it, the jury members should have voted not guilty.
In the article it even said "Wilson's sentence has been widely criticized, even by members of the jury that convicted him". Every member on that jury should be ashamed of themselves. They're the ones that voted him guilty and now they're criticizing the verdict?! Idiots. Had I been on that jury, I would've NEVER voted guilty. I dont give a damn what the law says on the books; what happened in this case was NOT child molestation. There either would've been a hung jury or they would've had to replace me.
It's a difficult case. I view the law regarding minors, as protecting them from anyone who might take advantage of them, whether that's someone roughly their own age or it's an adult. But of course, it's never as simple as that, and I'm glad that I'm not the one to judge these kinds of cases.
Exactly. So remember you nonlegal girls. You must have a written permission, or be accompanied by a legal guardian/family member before you can perform sexual favors on your boyfriend. And in some places in the South, your legal guardian/Family member may also be your boyfriend.
ChefChiTown
The secret ingredient? MY BALLS
I take personal offense to cases like this when they happen. When I was 17 I started dating my "high school sweetheart" who was 15. We never had sex or did anything other than kiss for a long, long time. She was 16 for about 7 or 8 months at the time when we first "messed around" (I hate that term, sorry). Yeah, part of me actually felt like a scumbag when we did something sexual but, come on. We dated for over 3 years and we were in love with eachother, it's going to happen.
Her step dad found out somehow and actually went through the process to press RAPE charges against me. He eventually dropped it, but dude...RAPE charges? Seriously? Two people expressing their feelings for eachother physically is NOTHING EVEN REMOTELY CLOSE to rape.
Unfortunately, A LOT of people that I care about have been raped in their past. I won't go into "who" though. The fact that I was literally put into the same exact category as the assholes that raped my loved ones pisses me off, even to this day. There HAS to be an exception to the rule with cases like this.
Her step dad found out somehow and actually went through the process to press RAPE charges against me. He eventually dropped it, but dude...RAPE charges? Seriously? Two people expressing their feelings for eachother physically is NOTHING EVEN REMOTELY CLOSE to rape.
Unfortunately, A LOT of people that I care about have been raped in their past. I won't go into "who" though. The fact that I was literally put into the same exact category as the assholes that raped my loved ones pisses me off, even to this day. There HAS to be an exception to the rule with cases like this.
This whole thing involves arbitrary lines being drawn. Consent is the key issue. If a 15 yr. old can consent sex with a 17 yr. old.? There might be a different popular/"common sense" answer than the legal answer, no?
Can a 14 yr. old consent to sex with a 16 yr. old?
Can a 13 yr. old consent to sex with a 15 yr. old?
Can a 12 yr. old.... you get my point, I hope.
Would you want your young daughter "consenting" to such activity? Hell, would you even want your son "consenting" to it, or initiating it, say, as a 14 yr. old???
Can a 14 yr. old consent to sex with a 16 yr. old?
Can a 13 yr. old consent to sex with a 15 yr. old?
Can a 12 yr. old.... you get my point, I hope.
Would you want your young daughter "consenting" to such activity? Hell, would you even want your son "consenting" to it, or initiating it, say, as a 14 yr. old???
That said, I don't think this guy should serve any time.
Even if the guy was found guilty, couldn't the judge simply have suspended the sentence?
In case anybody was wondering, I believe in moral consent. I've seen healthy, sexual relationships where the age difference was four years or less. And yes, they were much better off than some of the adult relationships I've seen.
In case anybody was wondering, I believe in moral consent. I've seen healthy, sexual relationships where the age difference was four years or less. And yes, they were much better off than some of the adult relationships I've seen.
ChefChiTown
The secret ingredient? MY BALLS
Here is a quote from that article...
"Wilson's sentence was widely criticized as being too severe, even by members of the jury that convicted him and the author of the 1995 law that put him behind bars."
You know it's fucked up when the person who MADE the law thinks his punishment was too severe.
Another thought...
16 year olds are given the legal right to bare the responsibility of driving a motor vehicle. The responsibilities that come with getting behind the wheel of a car are extremely serious. Over the past few years, there have been over 6,000,000 car accidents on an annual basis which cause an estimated 200+ BILLION dollars in damage each year. Close to 3,000,000 people are injured and close to 45,000 people are killed in car accidents every year. In the US, over 100 people die in car accidents every single day. Do the math...someone dies behind the wheel of a car around every 10-15 minutes.
More than two-thirds (66%) of fatal car crashes involve teenage drivers between the ages of 16-19. 16 year old drivers (JUST 16 year olds) are involved in about 5 times more fatal car crashes than drivers that are 20+ years of age.
What's my point?
The US Government is basically saying it's "OK" for a 16 year old to bare the responsibility of making potentially life saving decisions while behind the wheel of a motor vehicle. The statistics will say that this is working out very well. (SARCASM)
The US Government is also saying that these same teenagers "aren't capable" of making their own decisions when it comes to THEIR OWN BODIES, love and sexual relations...BULL...SHIT.
The legal system we have in the US is the most contradictive legal system in the entire world.
I don't understand your 2nd paragraph there - are you talking about sexual relationships among kids where the age diff. was four years or less????
What you wrote just isn't clear to me.
Yes. More or less Seniors in high school dating freshman. Strangely enough it was mostly older woman and younger guys. And probably only one couple where it was 18 and 14 I think. This was years and years ago. I'm just saying they exist, and as far as I'm concerned there was nothing wrong with it.
The point I was trying to make is that the rationale behind sex laws, being that certain people (teens in this case) are incapable of making "mature" decisions, is ridiculous. I drew the comparisons to "adults" because this is the same age group that is supposedly the most capable of making "mature" decisions. Of course, I'm very jaded and disillusioned as to what being an adult entails.
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