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> Statuary (sp?) Rape, Is there a loophole?
RejectFairyDoll
post Feb 16 2004, 02:49 PM
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I am not too sure about the full effects of this law... I only know about it in bits and peices...

What happens if the child was concieved before the girl is 16, but she has the baby when she is 16 (if that makes sense?) does the boy/man still get done on a count of statuary rape?
I am asking because i am very curious as to wether or not that is a loophole or not? As well as otehr personal reasons that i do not wish to discuss at this specific moment it time.

Erm... your replys will be greatly appreciated


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Industrial Kybos...
post Feb 16 2004, 03:08 PM
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Though not an expert on the subject, I would imagine that the time of conception would be the one that mattered rather than the time of birth - as such, if the conception was before the girl turned 16, then it would be statutory rape.

That's just looking at it logically, really. I could well be wrong. I have been before...

By the way, if you ever do feel the need to discuss your personal matters, be assured that there are many sympathetic and understanding ears around these parts - some of which are attached to some intelligent heads that offer good advice.


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CommieBastard
post Feb 16 2004, 03:47 PM
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I believe that from a legal point of view, the date of the birth is irrelevant - the date the crime was committed is the important one.


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RejectFairyDoll
post Feb 16 2004, 07:48 PM
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QUOTE (CommieBastard @ Feb 16 2004, 03:46 PM)
I believe that from a legal point of view, the date of the birth is irrelevant - the date the crime was committed is the important one.

ohmy.gif mad.gif I would call statutory rape a crime... In my opinion if someone is not being forced to have sex in any way or form then it is fine and should not be classed as rape (depending on the age... I think that 15 is of a suitable age anyhow... There are many people around here that lose their virginity at the age of 10-11... But lets not go there, cause a lot more can be said about me)
I have rather strong views about this subject and think that if two people are in love and are physically and mentally ready to make the decision to have sex then why charge the male participant with a form of rape....

Anyways.... I shall not continue to moan about my personal vendetas with the law...
I just want to know the answer to the question that i initially asked as it is rather important to quite a few people.


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Alanity
post Feb 16 2004, 08:26 PM
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Yeah they are thinking of lowering it to 14, problem is laws should only be used as a guideline but if they are then you open it all up to human error, so it has to be a fixed age even though it's just plain silly.
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RejectFairyDoll
post Feb 16 2004, 08:34 PM
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Yeah i heard about that... Weren't they thinking about making it 12/13 before?
That i found rather odd... I think 14 is an acceptable age.
Do you know anything in relation to my question?


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franken-sarah
post Feb 16 2004, 09:29 PM
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The age thing is really tricky because some people mature, mentally, before others.

The age of consent law is there to protect individuals who may be vulnerable due to their lack of maturity though, but I would imagine that feeling that you're a criminal for having sex with someone that you have feelings for, and feel ready for a sexual relationship with, would be very disturbing.


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CommieBastard
post Feb 16 2004, 11:00 PM
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QUOTE (RejectFairyDoll @ Feb 16 2004, 07:47 PM)
QUOTE (CommieBastard @ Feb 16 2004, 03:46 PM)
I believe that from a legal point of view, the date of the birth is irrelevant - the date the crime was committed is the important one.

ohmy.gif mad.gif I would call statutory rape a crime... In my opinion if someone is not being forced to have sex in any way or form then it is fine and should not be classed as rape (depending on the age... I think that 15 is of a suitable age anyhow... There are many people around here that lose their virginity at the age of 10-11... But lets not go there, cause a lot more can be said about me)

You never said it was consensual. In fact, you didn't say anything at all about this particular case. I believe that if the woman is fifteen and the male is of a similar age, and it is clear the act was entirely consensual, then I doubt charges will be pressed.
Also, if at least one participant is below the legal age then it is a crime (depending on the age of the other partner, which I don't know because you haven't told me), that particular law (at least in the UK) says nothing about consent.


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Aria
post Feb 16 2004, 11:28 PM
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Afaik, statutory(?) rape rarely gets to court, or through the judicial system unless someone (usually parents) makes a complaint, or unless the abuse is REALLY serious. I mean, if a 16 year old was have sex with a 19 year old, I don't think that would get through. But if a 16 year old were say, having sex with someone in a position of authority over them, like a teacher, or something, that would definitely go through the judicial system.


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post Feb 16 2004, 11:33 PM
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Well, I'm a slowball, so what is statuatry rape?


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CommieBastard
post Feb 16 2004, 11:37 PM
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Rape by law ("statutory"mean "under the law"). We usually take "rape" to mean forcing someone to have sex against their will, but having sex with someone who is underage is also rape in the eyes of the law.


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Ocean!
post Feb 17 2004, 03:51 AM
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Erm, you don't have to get pregnant for it to be statutory rape, but I see what you mean. It doesn't matter when the baby is born, but when the deed was done. If it isn't that way then the law is really screwy.
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Juiceisgood
post Feb 17 2004, 05:37 AM
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Yeah, I was about to say, it has nothing to do with whether a child is conceived, 'tis the act, not the result.


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RejectFairyDoll
post Feb 17 2004, 11:02 AM
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Sorry i was pretty vague about the details... I may as well be open now..
A friend of mine is 15 (she's going to be 16 in a couple of months) and her boyfriend is in hi slate 20's, she has decided that she is ready to have a child so they no longer use protection and she is now convinced that she is pregnant, unfortunatly she told me about her plans a little late and had forgotten about the statutory rape law... So basically now there is a slight panic about the situation as obviously she is in love with her boyfriend and doesnt want him to get sent down for statutory rape and miss out on a crucial part of their daughter or sons life etc etc...


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RejectFairyDoll
post Feb 17 2004, 11:06 AM
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I know that if both participants are, lets say, both the age of 15 then nothing is done about it.... I really think that, that is quite unfair in many cases... But what can i do about it... Not much!


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CommieBastard
post Feb 17 2004, 11:21 AM
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Unless her boyfriend is in a position of trust (like her teacher, doctor, counsellor or whatever) or her parents are determined to cause trouble, I very much doubt charges will be pressed.


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Juiceisgood
post Feb 17 2004, 11:36 AM
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Yeah, basically if no one presses charges there's no charges to face.

But, pardon me, isn't 15 a tad young to be having a kid? I know throughout history and the like girls have had them much much younger, but I mean, it's not like a pet alligator, y'can't flush em down the toilet...

ahem, that was in bad taste, wasn't it?

But the idea stands, as an interesting semi-topical thingy...

But I guess it's very much her decision, although sadly I'd wager that she might regret the decision to have one so young later.


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RejectFairyDoll
post Feb 17 2004, 01:16 PM
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QUOTE (CommieBastard @ Feb 17 2004, 11:20 AM)
Unless her boyfriend is in a position of trust (like her teacher, doctor, counsellor or whatever) or her parents are determined to cause trouble, I very much doubt charges will be pressed.

Her boyfriend isnt a teacher or anything like that... But i think that her parents might get involved and do something about it.. *shrug*... I hope not though, it would prove fatal in more ways that one...


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RejectFairyDoll
post Feb 17 2004, 01:18 PM
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QUOTE (Juiceisgood @ Feb 17 2004, 11:35 AM)
Yeah, basically if no one presses charges there's no charges to face.

But, pardon me, isn't 15 a tad young to be having a kid? I know throughout history and the like girls have had them much much younger, but I mean, it's not like a pet alligator, y'can't flush em down the toilet...

ahem, that was in bad taste, wasn't it?

But the idea stands, as an interesting semi-topical thingy...

But I guess it's very much her decision, although sadly I'd wager that she might regret the decision to have one so young later.


I know that 15 is quite a young age, but she seems ready and it is her choice to have a baby, so i cannot stop her really... I can only hope that things work out for her and that her baby has a good life...

And i'm pretty certain that she has thought about it thoroughly. Even if there was that bit of regret (though i think regret is quite a harsh word in this case) she would still make sure that the baby had a decent enouh environment etc etc...


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Ocean!
post Feb 17 2004, 10:52 PM
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Oh well, she's looking for facts, not preaching, so I wont say anything. Tell her I hope for the best, though.
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Aria
post Feb 17 2004, 11:34 PM
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As long as she stays in school, she should be okay. A friend of mine had a baby last year, but she still lives at home, so I think that helps a fair bit.


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post Feb 18 2004, 01:13 AM
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When I was 17, I had a girlfriend who was 14 (and I chastise myself everyday for it) and we faced that problem. Here in the great state of Florida, if the younger party is under 16, he/she cannot be with someone older than 18. When the younger party reaches 16, he/she cannot be with someone older than 24. At 17 (I believe), the younger party can be with someone of any age. I could be wring on the particulars. My friend Chris's dad's a cop. I'll call him up and ask him.

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RejectFairyDoll
post Feb 18 2004, 07:49 PM
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Would he know about the british law on statutory rape though?
Cause the American Law and the british law tend to differ!


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CommieBastard
post Feb 18 2004, 08:12 PM
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We've already pretty much established what the UK law is, RejectFairyDoll.


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Mutilation
post Feb 18 2004, 08:48 PM
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Yea, it's the time of the intercourse. I 'illegally' lost by virginity at 14, but how do they expect gay couples to wait until the age of 21!
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