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Post by marjar on Mar 9, 2011 23:00:39 GMT -5
There are different "degrees" for murder (at least from a legal perspective). Not sure about different "degrees" of rape? I know there is a legal distinction between rape and sexual battery. Regarding the reporter in Egypt, I saw several insinuations that "she should have known better" and "she knew what she was getting into" and "she should have stayed away from there". I don't like that. The woman was raped while trying to do her job, which happens to bring her into contact with unstable places. No one outside of perhaps military and law enforcement should expect to be assaulted doing their job. The crime against this child is heinous. I'm sure the facts will come out at some point and I pray for swift and brutal justice upon the guilty... The difference is adult vs. child.
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Tennesseer
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Post by Tennesseer on Mar 9, 2011 23:26:01 GMT -5
There are different "degrees" for murder (at least from a legal perspective). Not sure about different "degrees" of rape? I know there is a legal distinction between rape and sexual battery. Regarding the reporter in Egypt, I saw several insinuations that "she should have known better" and "she knew what she was getting into" and "she should have stayed away from there". I don't like that. The woman was raped while trying to do her job, which happens to bring her into contact with unstable places. No one outside of perhaps military and law enforcement should expect to be assaulted doing their job. The crime against this child is heinous. I'm sure the facts will come out at some point and I pray for swift and brutal justice upon the guilty... ed-the majority of folks, including myself, stated the CBS reporter AND her crew, along with any other news crew regardless of the reporter's gender should get training in how to extract themselves from a rapidly developing hostile situations-not that the CBS reporter had no business being there. It was you who (intentionally?) misrepresented most posters' remarks and concluded other posters blamed the reporter and said "she should have known better" and "she knew what she was getting into" and "she should have stayed away from there" as if they were blaming her for her sexual assault. No one blamed her for what happened. They blamed it on the mob of men who surrounded her. Your habit of twisting statements around to suit your position is sadly becoming legendary.
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Post by ed1066 on Mar 9, 2011 23:34:42 GMT -5
I don't know the legal ramifications here. Is the penalty more severe if the victim is a child?
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Tennesseer
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Post by Tennesseer on Mar 9, 2011 23:37:04 GMT -5
Additional charges because she is a minor.
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mmhmm
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Post by mmhmm on Mar 10, 2011 7:42:50 GMT -5
I'd certainly agree the young athletes don't deserve to see a playing field, or arena again. Any adult involved can be incarcerated under the jail, as far as I'm concerned!
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floridayankee
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Post by floridayankee on Mar 10, 2011 8:49:34 GMT -5
This is a disgrace and I hope all guilty parties are prosecuted to the fullest, but what does it have to do with politics? Crime, the system failing, possible results of cut backs in social services. Politics. Maybe the next bill for dem congressmen/women to pursue..."Prostitutes for Destitutes".
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swamp
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Post by swamp on Mar 10, 2011 9:15:27 GMT -5
I don't know the legal ramifications here. Is the penalty more severe if the victim is a child? I dont' know about any other state, but in NY, both forcible rape and sex with someone under 13 (I need to double check the age) are Rape 1, a B felony punishable by up to 25 years in prison. A forcible sexual assault without penetration by either force, or on a child (again, I need to double check the age) is Sexual Abuse 1st which is a D felony punishable by up to 7 years in prison. The defendant could also get local jail or probation, which is not available as a sentence on a B felony.
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973beachbum
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Post by 973beachbum on Mar 10, 2011 9:46:05 GMT -5
I don't know the legal ramifications here. Is the penalty more severe if the victim is a child? I dont' know about any other state, but in NY, both forcible rape and sex with someone under 13 (I need to double check the age) are Rape 1, a B felony punishable by up to 25 years in prison. A forcible sexual assault without penetration by either force, or on a child (again, I need to double check the age) is Sexual Abuse 1st which is a D felony punishable by up to 7 years in prison. The defendant could also get local jail or probation, which is not available as a sentence on a B felony. What the heck does the law say when the attacker is like 12?
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swamp
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Post by swamp on Mar 10, 2011 9:59:40 GMT -5
Again, this is only specific to NY.
A person can be tried as an adult at 16. 16 to 18 year olds first time felons are eligible for Youthful Offender (YO) treatment, meaning the criminal conviction can be sealed leaving the person with a Youthful Offender finding, not a criminal conviction. A YO can go to prison for up to 4 years. The YO finding on a felony is completely at the discretion of the court, and where I practice, YO is generally not granted on sex cases because YOs are not required register to as sex offenders.
15 year olds and younger are petitioned to Family Court for a Juvenile Delinquency prosecution. They would not end up with a criminal record, but would probably end up getting sent to Division for Youth (DFY aka Kiddie Prison) until they are either 18 or 21, (I need to check the age).
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Deleted
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Post by Deleted on Mar 10, 2011 14:30:24 GMT -5
Generally speaking, most states have 'age gap' rules... like two 13 year olds is not a problem, but a 13 year old and a 17 year old is a problem.... I'm not sure about under 13... and every state is different...
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Post by marjar on Mar 10, 2011 14:32:08 GMT -5
I wasn't thinking about the legal implications, but the emotional ones. Rape is horrific for adults, but for a child to be subjected to it......... vile and disgusting.
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973beachbum
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Post by 973beachbum on Mar 10, 2011 14:50:23 GMT -5
Generally speaking, most states have 'age gap' rules... like two 13 year olds is not a problem, but a 13 year old and a 17 year old is a problem.... I'm not sure about under 13... and every state is different... But aren't those laws about consentual sex? I have never heard of a law that allows someone to rape a person just because they are close to the same age.
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swamp
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Post by swamp on Mar 10, 2011 14:57:02 GMT -5
Generally speaking, most states have 'age gap' rules... like two 13 year olds is not a problem, but a 13 year old and a 17 year old is a problem.... I'm not sure about under 13... and every state is different... But aren't those laws about consentual sex? I have never heard of a law that allows someone to rape a person just because they are close to the same age. They are. Forcible sex is Rape 1, no matter what the age of the victim is.
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formerexpat
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Post by formerexpat on Mar 10, 2011 22:10:51 GMT -5
I'm glad TX has the death penalty. Let's hope it's used here on those that are guilty and those that are athletically gifted aren't absolved for that reason.
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formerexpat
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Post by formerexpat on Mar 10, 2011 22:16:51 GMT -5
I don't know about that. I like how most prison inmates will take matters into their own hands with an offender like this. Child molesters and rapists don't generally fare well in jail. A lot of people have a daughter, sister, mother and frown upon those activities. [/size]
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