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Monday, April 09, 2012
Statutory Rape
Do you feel that the laws for statutory rape are fair? Do you feel that the laws are harsh enough for people convicted of statutory rape? Do you think sexually active minors should be covered under this law? And why do you feel that way? Do you feel that parents use this law to hide their shame of their sexually active child? If a boy or girl had just turned 18 and their lover just turned 16, do you feel the 18 year old should be charged with statutory rape? Why or why not?
Latonya (noon)
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14 comments:
I think this issue should be dealt with on a situational basis. Providing both individuals are mature enough to decide on sex, then I see no issue with it. The problems arise when an older person manipulates a younger person into doing something they don’t completely understand the consequences of. The laws are there for a reason; to protect the innocence of minors who are too immature for sex. I feel that some parents will (and do) use the law if they feel their child is threatened in any way. Now, this may not necessarily be the right thing to do in every case, but ultimately the parents do have the authority to make decisions for their children.
In the case of the 18 year old and the 16 year old, again it depends on the individuals. The problem with the law is it has no flexibility; any disgruntled parent can use it to break up a relationship. Providing that the couple (or non couple) understand the risks and are able to make informed decisions, throwing the older person in jail solves absolutely nothing and only wastes the governments’ limited resources and time.
Zach Daniels
Ever since I've been familiar with the term, I've been annoyed by the concept of statutory rape. Now, obviously some line has to be drawn as it would be.. unwise to have a bunch of 13-year-olds running around with babies but I think the current way the law is enforced is BS.
First, let's draw some lines in the sand:
I am not talking about someone in their 30s having sex with someone who is 14. I won't argue about the 'wrongness' of this, but I will say this is not the point of this thread.
What I am talking about is the 18 year old who has sex with their girlfriend/boyfriend of 16/17 (in the states where 18 is the age of consent).
A guy I know (obviously not going to give any info) was 'caught' having sex with his GF (who was 1 month under 18). The mom (highly religious, if it matters) had the police arrest him and he was prosecuted as a sex offender. He was convicted and is now serving 10 years in jail. Once he gets out he will forever be labeled as a sex offender.
This seems wrong to me. Now, if the mom wasn't a fan of the relationship then I feel it's her right to somehow prevent them from shacking up. I don't like it, but I do feel she can if she wanted to. However, getting cops involved in this seems wrong. What is very wrong is the fact that this sort of case is punishable with a large jail sentence AND being labeled a sex offender. In closing, let me say that I think any sexual abuse is horrible. And I understand that people at a certain age don't understand what they're getting into and can use a guiding hand. While I don't see how it can be construed as such, this is not a thread to advocate allowing 'sexual freedom' (that's something else entirely and beyond the cope of this thread) but rather not ruining the lives of young people over people being uptight about teenage sex.
Shane Rasor 1000
I think that when dealing with statutroy rape laws, it can become very controversial. Really, it depends all on the case on how harsh I think the punishment should be. If we are talking about a 12 year old being raped or drawn in by a 30-40 year old, then yes, obviously the punishment should be harsh. But when dealing with a relationship where let's say the boy is 19 and the girl is 17...that's more complicated unless the girl did not give consent. As already been talked about, parents can abuse this law entirely and teens can be stereotyped and labeled the rest of their lives. For the 18 and 16 year old case, if they are in a relationship and at the time they both consent, but then they break up and the 16 year old or maybe the parents say it was rape; I don't believe that it is fair for the 18 year old to have to serve jail time and forever be labeled as a sex offender. Their lives will be changed forever and be made extremely difficult with laws that are placed on them after the prosecution. They will have difficulty getting a job, finding a place to live that meets the requirements, will have to register as a sex offender wherever they move to, and will be pushed into the category of old men who rape young girls, when in reality, they were in a relationship with consent at the time.
Bryanna
I believe the statutory rape is fair and not fair at the same time. I don't feel the law should be as harsh as making the offender register as a sex offender for life or anything like that. I think that the law should cover sexually active minor. Not necessary to take them to jail or prison but to get them the help they need. Because some people view sex as a drug.
I do feel parents use this law to hide their shame of their sexually active child. I think if the parents find out the boy is older than automatically assume he is just using her for sexual relationship.
I don't think the law should change because some 18 years do take advantage of 16 years and their needs to law.
Kyle Ogle (Noon)
If both people are mature enough to have sex then I do not see a big problem with it. If an 18 year old person was having sex with a 14 year old then I think that would not be right because 14 is too young to be having sex at anyway. Also, if an older person makes a younger person have sex or something of the nature with them then that would not be right at all. I understand the laws and they are there for a reason to protect innocent minors that are not ready to be having sex. Parents will use the law when they know that their child was innocent in the act. Sometimes it is the younger person that had more to do with it than the older person but if the older person is a lot older than the minor than they should still get in trouble because they knew that the younger person was too young to begin with.
Shelby Walker
I think that the laws for statutory rape fairness really depends on the situation. I feel if there is a 3-4 year age difference and both are choosing to have sex a person shouldn't be considered a sex offender for the rest of their life. But if it was a 25 year old and a 15 year old that is a completely different story. And with your situation with the 18 year old and the 16 year old, i don't think its right for the 18 year old to be charge with statutory rape if both people are willing.
Slade
I think that dealing with statutory rape laws, can be very difficult because each situation can be different. It all depends on the case that will determine how harsh the punishment should be. Age also plays a big factor too. Like if the guy is 19 and she is 17 then that should be if she gave consent or not. If you are dealing with someone that is in their lower teens like 13 or so then that she be viewed way different and in a way somewhat more harsh because they’re not in the right mind set. I think that parents abuse the law when it comes to the whole 16 thing. How many parents have used it because their son or daughter had a bad break up?
Caitlin Wakefield
I have mixed feelings about the statutory rape laws...i feel that they are there to protect the younger people safe from things like the people ho could put them in danger (21+). But i have to say that and 18 year old dating a 16/17 year old is okay and that if they feel the need to do that kind of stuff then its their choice. They just cant get caught. normally i would be very uptight about a subject like this but i was eighteen when i started dating some one who was seventeen. So i dont think that the laws should cover this kind of hing but there should be a limit. Like, for instance, if a person is so many years older/younger than the other then it should be illegal. and it should be illegal for people under a certain age but if your over sixteen and the ages are only a year or two apart i would think that its fine. Just as long as the sixteen year old isnt dating anyone 19+... i don know im probably not helping out mucch. Its just the way i feel is complicated towards this law.
Sam Lehman 1200
I truly think the justice system is so much better than it use to be. I'm not sure what the amount of time they give people convicted of statutory rape, but if they get out i don't think its enough but should they be put away for ever that's were it gets hard. If sex is consensual I don't think it should matter. Yes, i do feel like parents do this to hide bad things that their kids take action in so it wont look bad on their kid, them or they might even be trying to protect them and the family name. Tectonically speaking yes. There has to be a cut of for everything that's just that. Should that person be treat as equal as a person that has a bigger difference in age like 25 and 16? I feel like they should. It all really depends on the situation everyone should be treated different because there all different.
Matthew W
Like a lot of things this issue has a huge gray area if an 18 year old and a 16 year old have sex I don’t believe that the 18 year old should go to jail. There are a lot of variables to take into consideration like were both willing, if not who was the instigator. What if the 16 year olds are the instigator why should the 18 year old go to jail? I do understand that the law exist to protect younger kids from older adult, however I think that weather or not someone is sent to jail just because they are a few years older that the other needs to not be so black and white. These decisions need to be settled in a delicate and private way.
Ryan M.
I believe the statutory rape is fair and not fair at the same time. I don't feel the law should be as harsh as making the offender register as a sex offender for life or anything like that though unless they truly deserve to be marked as that. I think that the law should cover sexually active minor. Not necessary to take them to jail or prison but to get them the help they need. Because some people view sex as a drug and become addicted to it. I do feel parents use this law to hide their shame of their sexually active child. I think if the parents find out the boy is older than automatically assume he is just using her for sexual relationship such as a senior in highschool dating a freshmen.But I don't think the law should change because some 18 years do take advantage of 16 years and their needs to be law for that in that situation.
Brandan
I feel like anyone who rapes another person should be punished as badly as possible. I think too many people are getting away or off too easily for such a disturbing crime and they don't even learn their lesson for the harm they caused someone. I have never really paid much attention to laws with this but no matter what age it is committed the crime is a crime weather they are under age or not, it should be treated as anyone else would be. I think that if the family says its okay for the couple to date and that they know what could happen if they got caught in public doing this that the older person would or could be charged with the crime, but that should be up to the parents weather they can be together or not.
the 10:09 comment was from Shelby F
i think it depends on the situation. of course if a person is 30 years old and they are having sex with a fifteen year old, then yea, that is a problem. but if someone is 18 and having sex with a 17 year old, and it is both consentual, then no. i think it is unfair to prosecute the 18 year old. they will go to jail and be known as a sex offender. it seems a bit harsh. i think that parents sometimes do use this to hid behind their sexually active child. some of the times they may not want to deal with the fact that their child is having sex. they may have felt like they have failed as a parent..so i think it is both, fair and not fair. just depends on the situation.
Kiara D
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