« on: November 25, 2011, 03:33:25 PM »
I'm sure most people that read this board have been at parties/a club/etc. where a girl gets wasted and would be very easy to take advantage of. A big indicator of the moral fiber of dudes is how they behave when in that type of situation. Any guy, no matter his age, that takes advantage of the girl in such circumstances is by definition a sexual predator and should be prosecuted and put in the lifetime sex offender registry since if they are willing to do it once, they will probably do it again given the opportunity. The guys with a moral compass pointing in the correct direction will not take advantage of and hopefully will try to protect the girl somehow.
What you're describing there is just flat-out rape, though. It's not statuatory rape. It's just rape.Sex between young people that are in a relationship and/or it is clearly consensual/agreed to with clear minds is a different story. Most prosecutors usually take all these things into account when evaluating/weighing the available evidence and statements while deciding how to deal with the case.
Sorry, but that's a total bull basis for a law. What you're saying is that you won't get charged with statuatory rape, even if you are guilty of it, if the prosecutor doesn't feel like it.. unless he does.
A public policy that's based on "well... prosecutors usually won't completely destroy your life except when they feel like it" is bad public policy.
No, that is not what I said or implied. Statutory rape is still rape. The age of consent laws vary by state and there are discrepancies between jurisdictions.
What I was talking about at the end of my previous post is prosecutorial discretion.
Police officers and prosecutors have discretion to decide whether or not to make an arrest or to file charges with each situation that comes to their attention somehow. Whether that discretion is exercised in a way that you or everyone or whoever agrees with at the time is a different matter. It depends in part on the laws of the jurisdiction, the facts & circumstances of the incident plus the attitude/views/disposition of the law enforcement officials involved. For police and/or prosecutors to become aware of an incident and get involved there has to be a report/complaint from somebody unless a cop just happens to stumble across people in the act in a public area.
There are plenty of incidents each year (not just sex cases, all types of situations including underage drinking, drug use, domestic disputes, etc.) where the police decide not to make an arrest or the district attorneys office decides not to file charges and prosecute. That's part of how the criminal justice system works in practice. Cops that find underage young kids doing stupid things at night/at a party/in a park/smoking/shoplifting/drinking/you name it/etc. frequently just take the kids home (while scaring the $hit out of them on the way), tell the parents what they found the kid(s) doing and then let the parents discipline them.
I agree with GGI about understanding the reason for and justification behind age of consent laws. Many teenage and early/mid 20s age guys behavior and decisions are heavily influenced by hormones and them thinking with the wrong head.