http://www.criminaldefenselawyer.com/resources/can-i-be-convicted-statutory-rape-if-my-partner-told- This shows that in many states, he would not be in trouble. |
The law in the state in which the actions took place is the one that matters. |
The ones the judge ignored, it will be appealed, just like in the link. But that costs money, hopefully somebody will take this on for the boy. |
Boy? He's a 19-year-old MAN. |
Ok... i did some research. If he stayed home in Indiana, he would have a defense. In Michigan, no. But, Michigan has a first time offender program which the judge rejected.
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What I don't get is why he's treated the same as pedophile rapists who are attacking 6 year olds. Or rapists who attack women at night. Even though she was young, this was consensual. What we teach boys is "yes means yes" and she clearly said yes. |
Did you actually read that link? A few states have laws that allow a defendant to argue a reasonable mistake of the victim’s age as a defense. Some, however, allow the defense only in limited circumstances. So, in which state does the PP live, where the law allows a person charged with statutory rape to offer "I reasonably believed that the person was old enough" as a defense? |
No, it wasn't. That is what age of consent means. If you are below the age of consent, you are not old enough to be able to consent. You can agree, but you cannot consent. |
Correct. But again, the dude is an idiot, not a pedophile, nor a sex offender. There is no reason for this guy to be on a lifetime sex offender registry, nor for him not to be eligible for the Holmes Youthful Trainee Act in Michigan. |
This x 100. The problem is the law is treating him like if I went out and slept with my DD's friends...I know there age (13). I know they can not consent. But, if I seduce them -- without a violent rape --- the offense would be far worse than what this 19 yo young man did. |
It should ABSOLUTELY be illegal for a person below the age of consent to knowingly lie and deceive about their true age to enter a sexual relationship with a person older than the age of consent. |
Registry hysteria, lead by cowardly lawmakers (and those who elect them) believing that creating registries for everything will improve public safety and show that these lawmakers aren't "soft on crime/pedos." |
We charge 14 year olds as adults all the time. To say that this young lady bears no responsibility in this, despite her blatant dishonesty and trickery is ridiculous. She was in a space meant for adults (dating app), lied about her age, and had consensual (albeit illegal) sex. This is not the same thing as a predator seeking out child victims. She was as much a party to the "crime" as he was, and he does not deserve to have his life ruined as a result. |
The justice system by default treats women as perpetual victims and men as violent predators, shielding women from any responsibility for their behavior. |
Charge her with what? And no, she did not have consensual sex. She is 14. She cannot have consensual sex with a 19-year-old. |