11 years in jail for raping a fictional character

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Mill

Lifer
Oct 10, 1999
28,558
3
81
Originally posted by: gopunk
Originally posted by: Millennium
Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

what's improper about it?

I don't argue with you anymore gopunk because you never listen.
 

gopunk

Lifer
Jul 7, 2001
29,239
2
0
Originally posted by: Millennium
Originally posted by: gopunk
Originally posted by: Millennium
Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

what's improper about it?

I don't argue with you anymore gopunk because you never listen.

you mean you never win

:D

i actually do listen... just because i don't change my mind very often doesn't mean i don't listen.
 

Mill

Lifer
Oct 10, 1999
28,558
3
81
Originally posted by: gopunk
Originally posted by: Millennium
Originally posted by: gopunk
Originally posted by: Millennium
Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

what's improper about it?

I don't argue with you anymore gopunk because you never listen.

you mean you never win

:D

i actually do listen... just because i don't change my mind very often doesn't mean i don't listen.

No honestly you never do listen and I don't argue to win. I argue to discuss and debate and get different viewpoints. Maybe this would be better left to PM. Sorry.
 

gopunk

Lifer
Jul 7, 2001
29,239
2
0
No honestly you never do listen and I don't argue to win. I argue to discuss and debate and get different viewpoints. Maybe this would be better left to PM. Sorry.

well i do argue to win... what is the point otherwise. but the end result is that i either find out my beliefs are wrong or i strengthen my argument through practice.

but i am interested in hearing why you think i never listen... do it here. i don't really like pms much.
 

silverpig

Lifer
Jul 29, 2001
27,703
12
81
Originally posted by: Millennium
Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

How about this then? It's not perfectly applicable but I'm pretty sure it's pretty friggin' close.

10 The to convict instruction mirrors the Washington Pattern Jury
Instruction for attempt crimes, which reads in part:

To convict the defendant of the crime of attempted (fill in
crime), each of the following elements of the crime must be
proved beyond a reasonable doubt:

(1) That on or about the day of _________________,
19____, the defendant did an act which was a substantial
step toward the commission of (fill in crime);

(2) That the act was done with the intent to commit (fill
in crime); and

(3) That the acts occurred in the State of Washington.

WPIC 100.02.

Taken from here.

I believe that (1) is fulfilled by him buying all that stuff and going to the house.

I believe that (2) is fulfilled by the same.

(3) is ... well. not applicable here.

Close enough for me.
 

StinkyPinky

Diamond Member
Jul 6, 2002
6,980
1,276
126
How can you "attempt" to rape someone that doesn't exist?? Wtf?

If the girl was real...yeah I can see the point of arresting him. Even if I think it reeks of witch hunt style police work. He would have turned up with intent to rape a real girl. But the girl NEVER existed, so how can you "attempt" to rape her? You can't rape thin air.
 

silverpig

Lifer
Jul 29, 2001
27,703
12
81
Originally posted by: StinkyPinky
How can you "attempt" to rape someone that doesn't exist?? Wtf?

If the girl was real...yeah I can see the point of arresting him. Even if I think it reeks of witch hunt style police work. He would have turned up with intent to rape a real girl. But the girl NEVER existed, so how can you "attempt" to rape her? You can't rape thin air.

I don't believe it's required. Look at my post just a few up...
 

silverpig

Lifer
Jul 29, 2001
27,703
12
81
What if I set fire to your house late at night in order to burn you while asleep the day after you moved out (but I didn't know that)?

Should I be convicted of attempted murder, or just arson because there wasn't actually anyone living in the house?
 

calbear2000

Golden Member
Oct 17, 2001
1,027
0
0
Originally posted by: Millennium

No honestly you never do listen and I don't argue to win. I argue to discuss and debate and get different viewpoints. Maybe this would be better left to PM. Sorry.

That sounds really noble and mature... I guess you were just trying to get different viewpoints when you were arguing
here huh? :)

 

Moonbeam

Elite Member
Nov 24, 1999
74,760
6,767
126
What if you break into a bank and just at the moment when you are about to put the loot in a bag two things happen. You change your mind and you are arrested. Are you then just guilty of breaking and entering, or will you face charges of attempted robbery. What if you try to rob a penniless man. Imaginary money, no crime? I think it's intellectual sophistry not to try that guy for attempted rape given what we know.
 

dmcowen674

No Lifer
Oct 13, 1999
54,889
47
91
www.alienbabeltech.com
?Intent is a state of mind,? Barbara said. ?It?s actually one of those definitions where you use the word to describe the word. It?s the willful thought of doing something.?

I didn't see the movie but this sounds like a recent Tom Cruise movie where he was a Cop that prosecuted people for their future thoughts. The U.S. is headed towards a Society of most of the population in the Govt prison system, basically just another form of Communism.
 
Nov 19, 2002
72
0
0
Only in America..

But really, this is disgusting. I think the guy deserved jail, sure. But you don't set people up because of what you think they deserve. Once you cross over that line, the boundaries of the justice system become meaningless. Justice then becomes simply about fulfilling the adgenda of the prosecuters, not the rights of the accused.

I disagreed with the system in Minority Report, but even it was far more fair than this. At least then, they were *real* crimes that had a 99.999% chance of happening, and there was a *real* victim that had to be saved. People who compare this to attempted murder or robbing a bank are completely missing the point. There was no victim here, nothing was about to take place, nobody was saved, this was a pre-emptive conviction, set up by the police (entrapment), to stop him doing what *might* happen sometime in the future. I *will* commit crimes sometime in my life, so technically they have even more reason to lock me up than him. Now do you see the problem?

Where was the failing here, then? Primarily, this guy went to jail because he got lumbered with a useless public laywer, the secondary reason was an uneducated redneck jury who have a knee-jerk reaction to the word pedophile, and fourth, the judge for his sentencing, and last but not least, all the other morons in the justice system which let this case take place at all.
 

snooker

Platinum Member
Apr 13, 2001
2,366
0
76
If he showed up at that house with the full intentions on raping someone, then he got what he deserved.

It's like saying someone who wants to kill me has to actually kill me before they can be stopped. That's notthe case.

As far a raping a non exsistant 10 year old, I dunno about that. I guess if he thought the kid was a real person then he got what he deserved.

Anyone who goes after kids to have sex is sick. After all, there are countless women out there willing to give it up for free without being forced to
rolleye.gif
 

ChefJoe

Platinum Member
Jan 5, 2002
2,506
0
0
When I was younger, I used to think of all the hot women and models and such having sex with me. I guess it started somewhere around 12 and I was thinking of women who were at least 18, perhaps holder. My fictional people were trying to commit statutory rape!
 

AmazonRasta

Banned
Dec 2, 2000
2,005
1
0
You know, if you are selling sugar, but you think it's heroin, you are guilty by law of attemping to distribute heroin.

A man shows up to an empty house, but he thinks there's a ten-year-old girl in there he'd like to rape, you are guilty by law of attempting to rape a child.

It all depends on the convicted man's frame of mind when he showed up to the door. All the crown had to do was prove that this man showed up at a house expecting a ten-year-old girl to be there for him to rape. They did that. Whether this girl was fictional or not, he believed she was real and showed up to a house where he believed she lived with the intent to rape her. Nobody brings sex-toys to a house the intend to rob.


Now, with that said, the police used information they had about this man to lure him into intending to rape this ficticious girl. That's got to be entrapment or something, doesn't it? I mean, that's like telling a convicted robber the safe combination at Fort Knox and then arresting him for intented robbery when he shows up for a tour of the place.