wtf is wrong with our legal system

[mizzou]

Hypothetically, lets just say you have a 12 year old daughter who got wooed by a 18 year old.

Let's hypothetically say they have a sexual relationship that was ongoing for several months, unbeknownst to you as the parent.

Let's say you find out, and call the police. The police are then able to get the kid to sign a written statement where he willingly states that he knew the age of your daughter when they first started "dating" and even describe how often and where they would have sex. They even go so far as to package evidence of their sexual encounter that your daughter kept as "memento's".

Then you find out a month later that prosecution refused to take your case, with no reason given. Probably because your daughter is in "love" with the 18 year old.

.......... Am I the only one here who thinks this kid should be charged with at least something? I understand you get pegged as a sex offender for life, but come on, a 12 year old?


EDIT: Maybe it was 14 yoa, i digress

 

[Baked]

Tell us what really happen. If you don't want to murder the low life that took your daughter's cherry, you can always break his leg and call it an accident. But I much rather break both of his hands.

 

[mizzou]

Tell us what really happen. If you don't want to murder the low life that took your daughter's cherry, you can always break his leg and call it an accident. But I much rather break both of his hands.

not my daughter, just know the person

 

[edro]

I have always heard that statutory rape cases were charged aggressively.
Is this in Kentucky?

 

[mizzou]

I have always heard that statutory rape cases were charged aggressively.
Is this in Kentucky?

Nope. In Missouri it's just "child molestation". I think state law says the creeper has to be over 21 years old to be considered for rape charges.

 

[Red Squirrel]

If the daughter was legitimately willing to have sex and not forced into it, then I don't see why the guy should get in legal trouble. Personally I think it's wrong because one should not have sex before marriage, but if both parties agree to it then to me it's not something the law should be involved in.

 

[zerocool84]

Nope. In Missouri it's just "child molestation". I think state law says the creeper has to be over 21 years old to be considered for rape charges.

Well maybe it's different in your state but I've heard of many cases where the age difference is less and the older guy has been charged with rape.

 

[rbV5]

Where do you get that from, Missouri age of consent is 17.

 

[tcG]

If the daughter was legitimately willing to have sex and not forced into it, then I don't see why the guy should get in legal trouble. Personally I think it's wrong because one should not have sex before marriage, but if both parties agree to it then to me it's not something the law should be involved in.

That's why there's an "age of consent". In this case, the law says because the girl is under the age of consent, she can't legally give consent, so any sexual contact is considered non-consensual. This is a sensible law, because it's obvious that an 8 year old (or a 12 year old) might ON THE SURFACE be able to give consent, but it's not real consent. The question is what age should the age of consent be. In a lot of states it's 18, which is more or less arbitrary, and frankly a bit high, since it assumes 15-17 year olds aren't smart enough to give consent. Here, a person's maturity, intelligence, and therefore their ability to give consent varies considerably from person to person. Any charges should be considered on a case by case basis, not given from an absolute interpretation of enforcing an age of consent that was arbitrarily chosen.

All these issues involve gray areas and aren't at all black and white. Because some people think of it in such absolute, black and white terms, you have the ridiculousness of 18 year olds getting charged for sexting with 16 year olds.

 

[sixone]

How do you NOT know your 12 y/o is "dating" and spending time alone with a teenage boy?

That kind of neglect on the part of her parents would certainly not look good in front of a jury.

 

[mizzou]

How do you NOT know your 12 y/o is "dating" and spending time alone with a teenage boy?

That kind of neglect on the part of her parents would certainly not look good in front of a jury.

an excellent point.

 

[DCal430]

If the daughter was legitimately willing to have sex and not forced into it, then I don't see why the guy should get in legal trouble. Personally I think it's wrong because one should not have sex before marriage, but if both parties agree to it then to me it's not something the law should be involved in.

A 12 year old isn't old enough to give consent to this type of thing, if you are cool with a 12 year old, what about a 10 year old, or even a 6 year old. Seems to be you are ok with pedophiles.

 

[DCal430]

Missouri sounds like a fucked up state where adults can have sex with little children without any fear of prosecution.

 

[sixone]

Missouri sounds like a fucked up state where adults can have sex with little children without any fear of prosecution.

Based on one case, you've reached this conclusion?

Enjoy your delusions.

 

[Red Squirrel]

A 12 year old isn't old enough to give consent to this type of thing, if you are cool with a 12 year old, what about a 10 year old, or even a 6 year old. Seems to be you are ok with pedophiles.

An adult coaxing or manipulating a kid is different than a kid going out with another kid and them having a relationship and deciding to have sex. Not that I agree with it, I just don't think the slightly older kid should be dubbed a sex offender the same way an adult would. Then again, the more I think about it, he should definitely be punished in some way though, not saying he's innocent. I was not thinking this through enough. 12 and 18 is still a big difference in maturity.

 

[T_Yamamoto]

12 year old dating?
And you don't know about it?
:/
If the girl gave the guy consent then its well, the girls fault. I wouldn't really peg it on the parents but still.

 

[DCal430]

12 year old dating?
And you don't know about it?
:/
If the girl gave the guy consent then its well, the girls fault. I wouldn't really peg it on the parents but still.

So if a 9 year old gave "consent" then you would be cool with it too it seems.

 

[DCal430]

An adult coaxing or manipulating a kid is different than a kid going out with another kid and them having a relationship and deciding to have sex. Not that I agree with it, I just don't think the slightly older kid should be dubbed a sex offender the same way an adult would. Then again, the more I think about it, he should definitely be punished in some way though, not saying he's innocent. I was not thinking this through enough. 12 and 18 is still a big difference in maturity.

The 18 year old is an adult, there is no difference.

 

[Paladin3]

So a dumb-ass 18 year old kid has to register as a sex offender for life, never be able to hold a decent job and basically have his entire life ruined because some dumb-ass parents couldn't keep an eye on their 12 year old daughter?

This out of control prosecution of teenage sex is creating an entire class of men who will never be productive citizens because they are now technically sex offenders. In the end it's society that suffers the most for the actions of a dumb ass kid and the dumb ass parents who couldn't control their daughter.

EDIT: I'm not excusing the guy, he's an adult, but if he must be charged with rape then please charge the girl's parents with child endangerment for not supervising their daughter too.

 

[DCal430]

So a dumb-ass 18 year old kid has to register as a sex offender for life, never be able to hold a decent job and basically have his entire life ruined because some dumb-ass parents couldn't keep an eye on their 12 year old daughter?

This out of control prosecution of teenage sex is creating an entire class of men who will never be productive citizens because they are now technically sex offenders. In the end it's society that suffers the most for the actions of a dumb ass kid and the dumb ass parents who couldn't control their daughter.

This isn't a case of teen sex, a 12 year old isn't even a teenager. You seem to fine with a 19 year old a and a 6 year old too then.

 

[marvdmartian]

Quite possible that the DA felt as though they didn't have enough bullet-proof evidence to assure a conviction. Might have just decided to put the fear of God into this kid, and convince him he's getting the book thrown at him, next time he's in there. Depending on how the laws are written, there may not be anything of a lesser charge they could get him with.

Like when Britney Spears' younger sister turned up pregnant, before she turned 18. Boyfriend was over 18. They said that, depending on where the child was conceived, he could possible face either a slap on the wrist (probation & fine, for a misdemeanor) in California, or a slam-dunk (major jail time, for a felony) in Louisiana.

It's part of the greatness, and part of the curse, of letting the states decide how they want their laws written. The only place where the federal government has any say, is in federal court.

 

[Colt45]

The parents should go to jail along with the 18 year old, what the fuck...

 

[Paladin3]

This isn't a case of teen sex, a 12 year old isn't even a teenager. You seem to fine with a 19 year old a and a 6 year old too then.

Sorry, you must have missed my edit. I'm not cool with what the guy did. The problem is that if we prosecute him for rape he will never be able to hold a decent job in his entire life. He will never, ever become a productive member of society and support himself, and in the end society will probably foot the bill. I don't think the country needs to be creating more of such individuals, but it's what our criminal justice system does every day.

There has to be an alternative. The whole tough on crime, brand him a sex offender, lock them up and throw away the key attitude we have towards criminal justice isn't working.

 

[shortylickens]

The simple answer is: Slimy lawyers on one side, and angry reactionary citizens on the other.

 

[SKORPI0]

Missouri - Age of Consent

Statutory rape, first degree, penalties.

566.032.
1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.
2. Statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, or the victim is less than twelve years of age in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years.
(L. 1994 S.B. 693) Effective 1-1-95
Source: http://www.moga.state.mo.us/statutes/C500-599/5660032.HTM

EDITOR: This does re-confirm our age chart. If you are over 18 but under 21, the age of consent is 14. If you are over 21, you may not have sexual intercourse with anyone under 17.​

Guy is 18 yrs, daughter is 12 years (under the age of consent).