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Teacher Receives 9 Months for Rape
Topic Started: Aug 12 2005, 10:17 AM (245 Views)
somerled
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Admiral MacDonald RN
ds9074
Aug 13 2005, 08:54 AM
Minuet
Aug 12 2005, 04:29 PM
^^^ 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.

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.

I think that's concidered OK , even 17 and 18 year olds , but if the age difference is greater than 2 or 3 years then it's an offence.

But - that's just what I heard when I was a teenager and what my kids tell me.
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ds9074
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Admiral
It is actually an offense if a 16 year old has sex with a 15 year old. The 16 year old can give consent but the 15 year old legally cannot. Although the police would be highly unlikely to persue such a case if the 15 year old had give non-legal consent anyway.

They would be more likely to persue a case of a 15 year old and an 18 year old since you then have an adult and a minor and again the minor is not able to give consent. Even in this case if both parties are acting consensually then its still fairly unlikely to be persued although it might be depending on the circumstances. The chances of police action would increase as the age of the minor went down. So while the same in law, a 12 year old and 18 year old is different to a 15 and 18 year old in practice.

It is perfectly legaly for an 18 year old or even and 88 year old to have sex with a 16 year old provided all parties give consent.

Thats a summary of UK law.
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somerled
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Admiral MacDonald RN
Mmmm .... interesting .... since Australia usually follows the UK closely on legal matters then that is most likely how it stands here too.
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captain_proton_au
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A Robot in Disguise

who
Aug 12 2005, 10:56 AM

How does it differ? We are just changing the sex and by law there can be no sexual discrimination.

There will always be certain levels of sexism entrenched in law - single males adopting children for example.

With most crimes it is the intent that we focus on, which is why some cases get tried as manslaughter as opposed to murder for example.


In the case of the statutory rape of a male teen by an adult woman, we know that the male may have been coerced, influenced or even blackmailed into it, but we know by the fact that the male was able to perform that it wasnt forced. When the victim is female, we do not know this.
( especially in this case where it happened in different locations and different times).

Of course I'm not saying that it isnt a crime, but I think I can safely say that most of us react far more strongly when we hear a case involving an adult male and a teen girl
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who
Have light saber. Will travel.
captain_proton_au
Aug 14 2005, 06:38 AM
who
Aug 12 2005, 10:56 AM

How does it differ? We are just changing the sex and by law there can be no sexual discrimination.

There will always be certain levels of sexism entrenched in law - single males adopting children for example.

With most crimes it is the intent that we focus on, which is why some cases get tried as manslaughter as opposed to murder for example.


In the case of the statutory rape of a male teen by an adult woman, we know that the male may have been coerced, influenced or even blackmailed into it, but we know by the fact that the male was able to perform that it wasnt forced. When the victim is female, we do not know this.
( especially in this case where it happened in different locations and different times).

Of course I'm not saying that it isnt a crime, but I think I can safely say that most of us react far more strongly when we hear a case involving an adult male and a teen girl

I do not think you can safely say that most of us react far more strongly when we hear a case involving an adult male and a teen girl. This was a teacher in her late twenties and a 13 year old child. It sounds like you are making excuses for her and stating that males should be treated more harshly under the law than females. I totally disagree with this.
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Swidden
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Adm. Gadfly-at-large; Provisional wRench-fly at large
captain_proton_au
Aug 14 2005, 04:38 AM
In the case of the statutory rape of a male teen by an adult woman, we know that the male may have been coerced, influenced or even blackmailed into it, but we know by the fact that the male was able to perform that it wasnt forced.

Going back to the old class discussion...

Apparently, even in forceful situations, fear can be a powerful performance motivator... If you take my meaning. The idea that fear might prevent performance, or that a male cannot be forced to respond is seemingly errorneous.
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