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| Teacher Receives 9 Months for Rape | |
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| Tweet Topic Started: Aug 12 2005, 10:17 AM (244 Views) | |
| who | Aug 12 2005, 10:17 AM Post #1 |
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Have light saber. Will travel.
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Source I thought all were supposed to be equal before the law? I very much doubt if a male teacher would receive nine months in jail after raping a 13-year old girl. I think this is another example of our insane legal system. What do you think? |
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| captain_proton_au | Aug 12 2005, 10:21 AM Post #2 |
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A Robot in Disguise
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Its not the same thing |
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| who | Aug 12 2005, 10:56 AM Post #3 |
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Have light saber. Will travel.
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How does it differ? We are just changing the sex and by law there can be no sexual discrimination. |
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| psyfi | Aug 12 2005, 11:07 AM Post #4 |
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psyfi
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I think it is wrong and I think she should have gotten a much stiffer sentence. HOWEVER, I agree with CPA, it isn't the same thing. When you remove the element of physical force from rape, even if there is a STRONGLY seductive and exploitive element as there of course is with a teacher and a student, it really isn't the same. A lot of the fear, of the gripping, horrific feeling of having your will crushed and being forced to endure is gone and that makes a world of difference. |
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| 24thcenstfan | Aug 12 2005, 11:18 AM Post #5 |
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Something Wicked This Fae Comes
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The thing is there was a plea agreement. She did not go through with a jury trial. If she had, then she may have been convicted of more than she was. Also, you left out from the article you linked, this part of her sentence. “After she's released from jail, she will be on supervised probation for the rest of an eight-year suspended sentence. She won't be allowed to teach.” We are equal under the law, but with all cases, the judge must take into consideration the individual facts of the case when sentencing the person and any plea agreement the DA recommends. It looks like the fact that she and the boy had consensual sex and that she had no prior record was largely considered. I personally think she should have been sentenced to at least a few years. Even Mary Kay Letourneau got about seven years (I believe). But hey, I’m not the judge and the cases happened in two different states (different state laws). She will be on probation for many years and she will no longer be able to teach. Who knows what would have happened if a man had done this. I am not willing to say a man would have gotten a lighter sentence under the same circumstances (same court system, judge). |
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| somerled | Aug 12 2005, 11:19 AM Post #6 |
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Admiral MacDonald RN
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How does a woman rape a boy/man ? It's not as if the average woman can force herself onto a fellow. |
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| Minuet | Aug 12 2005, 11:29 AM Post #7 |
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Fleet Admiral Assistant wRench, Chief Supper Officer
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^^^ I guess you never heard of statutory rape. That is having sex with a minor. It does not have to be forced. It is rape even if the minor consents. Which in the case of an impressionable young man and an experienced older woman would be quite believable. |
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| Dandandat | Aug 12 2005, 03:26 PM Post #8 |
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Time to put something here
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So you are saying that if a man where to have sex with his 13 year old female student and she wanted for it to happen that it would be the same as this case? |
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| Dandandat | Aug 12 2005, 03:31 PM Post #9 |
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Time to put something here
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There is what Min said. Pulse it should be added that there are more ways to force some on to have sex with you then just physical presence. I would be willing to bet that if we where to some how cancel out the Masculinity factor (a man being embarrassed to admit he was forced to have sex) we would see a sudden increase in male raps (by woman). |
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| who | Aug 12 2005, 04:01 PM Post #10 |
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Have light saber. Will travel.
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Yes, I am talking about consensual (not forced) statutory rape. |
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| psyfi | Aug 12 2005, 05:38 PM Post #11 |
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psyfi
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If it were exactly the same as this case, I think that the case would indeed be different than forcible rape and merit a somewhat lesser sentence. Unless you have been forced to have sexual contact, you can't even begin to know how horrible it is. As has been pointed out repeatedly in the psychological literature, forcible rape is NOT about sex but about power. It is the complete annihilation of any sense of power the person being raped has and it is that annihilation that is what destroys a life, not the fact that it involves sex. On the other hand, I do think that the sentence she got was WRONG. She should have gotten five to seven years. Had that happened and had it been a man and a 13 year old girl with no force involved, yes, I would be satisfied with that level of a sentence. |
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| ds9074 | Aug 12 2005, 05:54 PM Post #12 |
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Admiral
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So technically if a 16 year old had sex with a 15 year old that would be considered rape under the law I guess. In my view that is a lesser crime than a forced rape where there is no consent. This is a more serious crime in that the woman is older, in a position of responsibility and there may be a strong element of manipulation, however IMO its still a lesser crime than a forced rape and so doesnt demand such a strong sentance. I would say the punishment in this case is about right. |
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| Swidden | Aug 12 2005, 10:10 PM Post #13 |
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Adm. Gadfly-at-large; Provisional wRench-fly at large
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I guess that depends on your definition of rape. As others have noted, in this case it is classified as "statutory rape" because a minor is not viewed as being able to provide the necessary legal consent. Even if a minor actually does agree and participates willingly the law is designed to protect the minor. And though you may not realize it rape of males by females does actually occur. Way back when I was actually considering going into law and began taking the necessary lead up courses, this subject came up in class. It is not believed to happen often and the frequency is believed to be highly under reported due to the factor of embarassment on the part of the male. It's a similar category to that of battered husbands/boyfriends. Men are not inclined to report such crimes because of the perceived impression of the loss of their masculinity. |
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| Swidden | Aug 12 2005, 10:15 PM Post #14 |
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Adm. Gadfly-at-large; Provisional wRench-fly at large
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Re: 16 year old and a 15 year old. In that case you would have two minors involved and may or may not be a crime. Some states have laws that differ between consentual sex between minors, statutory rape (adult & minor over 14/16 in some places) and child molestation (adult or minor over 14/16 assaulting a minor under 14/16). Frankly, here there is no national standard but most states have laws that are on parity with other states. |
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| somerled | Aug 13 2005, 02:18 AM Post #15 |
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Admiral MacDonald RN
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Here it's called carnal knowledge. |
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2:07 PM Jul 11