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Old 07-07-2004, 01:04 PM   #1
Radar
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Unlike gender, age can be a mitigating circumstance. But for the sake of argument let's say it's a 19 year old teenanger who is an adult. Yes, they should get the same punishment (assuming the person whose car it was wants to press charges) as anyone else who steals a car. The career criminal will do more jail time because he'll get the same amount of time that the other guy got for each car he steals. Less ambiguity means more justice and equity under the law.

Judges have already shown that they can be outright dishonest and exceed thier authority as in the case of the Supreme Court which routinely makes unconstitutional rulings so I don't think they should be given much latitude at all in terms of sentencing.

They already have mandatory minimum sentencing for some crimes, but what if it weren't mandatory minimums, but just mandatory sentencing. For instance...

Steal a car = 1 year in jail with no early release.

The boy who steals a car will do 1 full year and everyone who knows about it will make sure they don't do it. The career criminal who is found to have stolen 10 cars will get 10 years; one for each car.
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Old 07-07-2004, 05:18 PM   #2
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statutory rape is bloody difficult because there are so many mitigating circumstances, often the younger person is the dominant one and it is totally victimless but sometimes it isn't and getting that difference right is bloody hard. Australia has a fairly good system , after 16 you can screw anyone you want and before that there is a two year leeway system, for example a 15y.o can have sex with a 17y.o. I think that strikes the right balance between giving people freedom and protecting them from exploitation, by 16 you should be capable of making your own choices. I've got a few friends who had flings or relationships of one sort or another with people in their 20s while 16 or 17 and no harm came of it.
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Old 07-07-2004, 05:31 PM   #3
Clodfobble
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But jag, do you agree there ought to at least be a special case regarding teachers/coaches/other people in authority positions in the teenager's lives?
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Old 07-08-2004, 12:21 AM   #4
Joe Faux
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I'm the father of a two year old and a five year old. Both boys. If either of them were placed in this situation I would want the fullest extent of the law leveraged against the adult. I would not want race, religion, or gender to intervene and reduce the punishment. Even if the child was sexually mature enough to engage in this activity, he was not legally responsible to make this decision. Too many far-reaching factors from this single event could alter their future hopes and dreams.

I'll admit that I'm more disappointed when a person abuses their authority to take advantage of someone. However I feel the penalty for this type of predator should be the same. They prey on our children and should be removed from society.

The crux of this discussion is based on the myth that men are mere beasts with raging hormones while women search for “love” and follow their heart. It doesn't matter. Even if one excuse sounds more romantic, both results are the same.

(By the way, if this were really true, shouldn't men get a lesser sentence since they are biologically helpless and predisposed to commit such crimes. After all, women are consciously making the choice to follow their heart and “make love” with a minor. Men can't help but follow the dumbstick. Ridiculous!)

We are not slaves to our heart or sexual desires and should be held culpable for our actions equally.

By having a different scale for men and women, aren't we stating that women, once overcome with the passion of love, are the weaker of the sexes and should receive extra protection from society? To justify this argument you would then need to consider that females are emotionally irresponsible and mentally incompetent. Therefore, society has extended far too many rights to them. Absolutely ridiculous!

What happened to equality in the eyes of the law? If we are to consider the sexes to be equally responsible and accountable for their sexual behavior, then we must try them using the same legal rules.

Enough isn't done to protect the children. Sex offenders of children rarely spend much time in jail. Sadly, these types of criminals repeatedly offend and releasing a convicted child molester back into society shows complete indifference to the children of the community. Just check out your local city, county, or state sexual offense web page and you'll see just how many of these people, both men and women, move in and out of the system.

Not only do we need to make the penalties equal, but severe enough that at the very least the chance for a repeat offense is small.
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Old 07-08-2004, 03:23 AM   #5
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I am just trying to push boundaries. Sorry if people can't cope with this level of discussion. Lets get back to safe ground quick.

And by the way - personally, I do think men and women should receive the same punishment, if it is the same crime. I merely question whether the same crime is possible, whether it is a man and a woman, or two different men. I also question methods of punishment, and the concept of punishment itself, but this is perhaps food for a different debate.

I have stated before that the perspective I present here is not necessarily my opinion. I was interested to see how far we could take this one. Maybe this is it. Such crimes are perhaps too emotional to discuss with much clarity.
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Old 07-09-2004, 12:38 AM   #6
Joe Faux
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Quote:
Originally Posted by Catwoman
I am just trying to push boundaries. Sorry if people can't cope with this level of discussion. Lets get back to safe ground quick.
Ouch.

I'm not emotional regarding this issue. Rather, I'm stating that this crime be calculated the same across the board regardless of genders involved.

Existing social paradigms do hold the genders in different respect. This is often reflected in the sentencing. People find it hard to accept a woman is capable of being the aggressor and offer her built-in excuses such as "love" or "passion". If the tables were turned and a man stated that he “loved” his victim, the public would have called for a hanging. Yet, when the accused is a woman, society assumes that some altruistic reason transcended the age difference. Her gender alone will automatically and wrongfully mitigate the severity of the crime. (By the way I wonder what the child's parents think.)

The teacher involved in this crime willfully and knowingly acted against the law to satisfy her sexual desires. Period. This cannot be tolerated by the legal system and she should be measured by the same legal tools as any other individual that commits this crime.

The only boundary to explore would be the dissolution of the archaic belief that women should be coddled and protected from themselves. Maintaining the belief that women are incapable such acts is outdated to say the very least. Grown women deserve the credit of being treated like adults.
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Old 07-08-2004, 03:25 AM   #7
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Quote:
I am just trying to push boundaries. Sorry if people can't cope with this level of discussion. Lets get back to safe ground quick.
For the record, I'm glad someone is.
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Old 07-08-2004, 12:40 PM   #8
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Savage Love knows what he's talking about.
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Old 07-08-2004, 01:04 PM   #9
Radar
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Well said Joe.

Quote:
And by the way - personally, I do think men and women should receive the same punishment, if it is the same crime. I merely question whether the same crime is possible, whether it is a man and a woman, or two different men. I also question methods of punishment, and the concept of punishment itself, but this is perhaps food for a different debate.
It IS the same crime. It's the same crime regardless of their gender. It is EXACTLY the same crime and gender doesn't change that. If a man with a gun shoots an unknown old lady just walking down the street without cause, is it a different crime when a woman shoots an unknown old lady just walking down the street without cause? NO!!! It's the same crime. If a woman has sex with a 14 year old it is EXACTLY THE SAME CRIME as when a man has sex with a 14 year old.

I'm not making an emotional argument. Emotion has nothing to do with it. This is a logical and rational argument based on indisputable facts.

No matter how you try to package it differently, or what kind of a pretty bow you put on the box, it's still got the same thing in it. No amount of dodging, or squirming, or rationalizing will change it. If you put a baseball on top of your car, it's still a baseball. If you put it in your shoe, it's still a baseball. If the person throwing it is an old woman, or a young man, it's still a baseball. If the baseball is shot out of a cannon it's still a baseball.

Without question, and without a doubt the crime is the same and the punishment should be also.
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Old 07-08-2004, 01:07 PM   #10
lumberjim
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what if you put the baseball into orbit? then it's a sattelite
in your ass? a suppository
in your lover's ass? a buttplug
in your bra? a falsie
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Old 07-08-2004, 01:12 PM   #11
Undertoad
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Same crime if the victim is touched by a hand, versus harshly sodomized?

Same crime if the predator/victim are both men? Both women?

I think sometimes the differences matter.
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Old 07-09-2004, 05:51 PM   #12
xoxoxoBruce
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Quote:
Originally Posted by Undertoad
Same crime if the victim is touched by a hand, versus harshly sodomized?

Same crime if the predator/victim are both men? Both women?

I think sometimes the differences matter.
That's where sentencing comes into play. The judge takes(should?) that into consideration, but no matter what kind of soap opera comes with it, it's still the same crime. :p
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Old 07-13-2004, 01:16 PM   #13
wolf
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In case you'd been wondering what Mary Kay LeTorneau's been up to ...

It seems as though the no contact order remains in place, and the kid is quite focused on violating it.
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Old 07-13-2004, 01:24 PM   #14
Beestie
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Quote:
Originally Posted by wolf
It seems as though the no contact order remains in place, and the kid is quite focused on violating it.
The kid is 21 now. How can the court forbid them to see each other?
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Old 07-13-2004, 01:27 PM   #15
wolf
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Courts frequently forbid adults to have contact .

PFAs require no contact, as do many probation/parole orders, as is the case here.
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