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» Got Questions? Get Answers. » SCARLETEEN CENTRAL » Sexual Ethics and Politics » Judge cites provocative dress in rape of 10 yr old girl

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Author Topic: Judge cites provocative dress in rape of 10 yr old girl
gershwingirl
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http://news.bbc.co.uk/1/hi/uk/6237480.stm

This is a British case which has just made the news, of a man having sex with a 10 year girl, but being given only 2 years jail.


"Judge Hall said in sentencing he faced a moral dilemma as the fact they had sex within 45 minutes of meeting was an absolute crime.

But he said the girl had dressed provocatively and looked as though she was 16.


Although I realise this case was somewhat atypical, I am absolutely horrified that this judgement could be made in Britain in 2007.

This only supports the attitude (that sadly many people discretely hold) - that provocative dress is in some manner an 'excuse' for rape.

And I do find it very difficult to believe that the adults involved (aged 24 and 34) were unable to realise that the girl was very significantly younger than themselves and that therefore it could be wrong to have sex with her regardless of any apparent 'consent'.

Posts: 14 | From: England | Registered: Jan 2005  |  IP: Logged | Report this post to a Moderator
selina
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how stupid is the man if he couldn't tell that she was underage? she obviously wasn't mature enough and he should have been able to tell by her mannerisms and body shape. why should they blame women for rape when the man can't control himself? wearing skimpy clothing doesn't help the matter but if a man can't be a man and walk away, what hope do the female population have if thats a man's only 'solution' to the matter?
Posts: 94 | From: london | Registered: Apr 2007  |  IP: Logged | Report this post to a Moderator
orca
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I remember when I was 10 I still thought sex was just hugging and kissing, nothing more. And I grew up in a house full of much older siblings and very liberal parents who talked about sex in front of me and watched movies with sex scenes in them (not porn, just cheesy romance movies). So I'm just wondering, how can the average 10 year old make informed consent to sex when the average 10 year old probably doesn't even fully understand what sex is and the risks associated with it?

Also, implying that a girl is in any way consenting or asking for sex because of how she dresses is absurd. You can make the same claim for all guys. I see plenty of high school track guys in my neighborhood running shirtless, but I don't jump them or think they're asking for sex.

[ 07-04-2007, 02:54 PM: Message edited by: orca ]

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selina
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quote:
Originally posted by orca:
I see plenty of high school track guys in my neighborhood running shirtless, but I don't jump them or think they're asking for sex.

exactly. when guys do it, its a sign of masculinity. but when women do it, we're asking for it [Roll Eyes]
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-Lauren-
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10 years old! 10 years old!

That keeps going through my head. I've heard of crappy "padding" applied to crimes against teens and women, but I seriously can't see the same applied to a child. I mean, it's horrid all around, but here, it's downright stupid. For example, many pedophiles justify their behavior by saying normal childhood behaviors -- as simple as doing a cartwheel in a dress, or hopping onto someone's back -- are sexual come-ons, and use it to justify encounters. This is only a step closer.

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Heather
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This is as typical as it gets when it comes to the treatment of women per rape.

Historically, and still currently, when the child in question is a girl, the SAME rules applied to women are usually applied to her. In other words, when it comes to things like this, "female" overrides "child," and it pretty much always has.

And probably, almost definately, the perps DID know the girl wasn't of age: but a lawyer defending them isn't about to argue that or allow any admission of that, either.

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strawberrywine
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That's disgusting. Moral dilemma? Yeah right. I feel like he was just trying to make a point out of the case. It's people like that who compromise justice.

I found this especially disturbing: "The judge was in the headlines in February when he said compensation to a child sex abuse victim could be used to buy a bicycle to cheer her up."

Like, sorry two older men had sex with you. Here's a toy to make you feel better, little girl! Not only is that severely underestimating the negative effects of sexual abuse and assault on children, it's condescending.

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PenguinBoy
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"Lawyers for the defendants stressed that the sex had been consensual, and was only termed 'rape' because of the framework of law."

consensual? then why were there any doctors examining her at all who didn't know her age? That case stinks... the only instance when Doctrors will be unknowing of the age of their own patients is if the ones being referred to were called to her in an emergency ie the report of a rape.

I don't know how any judge can buy that defense.

And even if this girl looked something like 20, and it was all 100% consensual. The recklessness of these men not caring enough to even find out her age, is cause for punishment without moral dilema... if the law doesn't see her old enough to make sexual decisions then why does the judge see her old enough to be responsible for rape, and to be in any way responsible for inciting anything by what she wears of all things.

[I love your name strawberry wine ^ ]

[ 03-09-2008, 09:24 AM: Message edited by: PenguinBoy ]

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Stephanie_1
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I posted a newspaper article about myspace's agreement as per protecting young participants (maybe a week ago?) but the same things were said with the cases filed against adults in those situations. All of the adults tried saying that they didn't know the girls were under the legal age.

The thing that's most interesting to me is that anyone (before the agreement went into effect) could look into the person's profile and see their age. Looking back through the computer profiles of the accused ... they had indeed opened the profiles of the girls. Kind of threw their "I didn't know" back in their faces ... but the sad truth is whether or not they knew - they usually say they didn't. The same as a man saying they "didn't know she didn't want to."

And what a girl wears isn't an excuse - or an invitation! Ever!

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"Sometimes the majority only means that all the fools are on the same side" ~Anon

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strawberrywine
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Thanks, PenguinBoy. I think it sounds kind of gross but it's from a song I love and I've always liked its imagery.

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"Who's to say that love needs to be soft and gentle?"
-Dr. Twardon (Secretary)

Posts: 28 | From: Michigan | Registered: Mar 2008  |  IP: Logged | Report this post to a Moderator
   

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