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» Scarleteen Boards: 2000 - 2014 (Archive) » SCARLETEEN CENTRAL » Sexual Ethics and Politics » Question about statch rape

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Author Topic: Question about statch rape
Ste-Funnie
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Hi. I wasn't sure if this is the right forum for this question, but I hope it is. I am not in a situation like this, but I just wanna know. I'll give you an example (made up). Let's say Kelly is 16 and she likes a guy named Joe who is 26. Kelly is pretending to be 25 so that she can have him, and Joe falls for it and thinks she is 25. The have a relationship and have sex and stuff. Could Joe go to jail even though Kelly tricked him or would she get arrested? Who's responsibility would it be in that situation?

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~Stephanie Gabriella Murray
I'm very gay for being a lesbian, and not gay to be what I'm not

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Heather
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Legally? It would potentially still be Joe's.

Ethically? I'd personally say that it's Kelly's if Joe was earnestly snowed and she intended that deception to get what she wanted.

Especially if she knew that she was not only knowingly deceiving that person, but knew what she was doing could result in serious and often lifelong negative legal consequences for Joe. In fact, I think it could even be legally feasible in that kind of situation for Joe to file a civil case of fraud against Kelly.

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Ste-Funnie
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Alrighty then. Say if Joe gets arrested and gets put on trial, and he said to the court that it was Kelly's fault for lying about her age, at least if he had proof, would that make a difference?

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~Stephanie Gabriella Murray
I'm very gay for being a lesbian, and not gay to be what I'm not

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Heather
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That would depend on the judge and the state and the unique case and individuals involved. It might, it might not.

But I'm not sure what "proof" someone could have, unless, say, they had things like emails with Kelly lying. As well, it could be a tough thing for a judge to earnestly believe an older person didn't recognize when another person was ten years younger. For instance, he never asked or went to where she worked, etc? Or where she lived?

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Heather Corinna, Executive Director & Founder, Scarleteen
About Me Get our book!
Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. - Margaret Mead

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Ste-Funnie
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Haha well, anything could have proof, like for instance, the emails, of course. Or maybe if she snuck at an adult place like a bar or something, idk. But other than that, okay. That does make sense and I agree with U that it should be Kelly's responsibility for fraud and Joe wasn't even going after a 16 y/o to begin with. But thanx!

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~Stephanie Gabriella Murray
I'm very gay for being a lesbian, and not gay to be what I'm not

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Jill2000Plus
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Incidentally, in the u.k. it's legal for a 16 year old and a 25 year old to date/have sex, this legal advice would not apply to all countries.

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Always knock before entering my room when I am in there alone, as I may be doing all sorts of wonderfully thrilling things that I'd rather you didn't see.

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Cesario
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Statutory rape is a crime of strict liability, meaning all they had to prove is that the sex happened, not that anyone was harmed, and not that he intended to do anything wrong.

We've all heard the phrase "she told me she was 18" at some point or another, if only in fiction.

Doesn't matter one whit so far as the law is concerned. He's still on the hook for a crime he didn't intend to commit and didn't know he was committing.

Even when it's proven that he didn't know, or rather had every reason not to know, was in a place only 21 or older people are supposed to be, looked over a convincing fake ID, etc.

The whole point of creating strict liability crimes is to remove the ability of judges and jurries to use their own thought-process or common sense.

On the subject of statutory rape, thinking is the enemy as far as far too much of society is concerned.

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