STATUTORY IS A COICE

 

Once there was a guy at Columbia University who was a year away from being a doctor. One night he decided to go to a bar on campus with a couple of friends. Thirty minutes at the bar, a beautiful brunette woman, with emerald green eyes approached him; he was instantly attracted to her. They exchanged information and began dating. As far as he knows she was 22 years old, studying Fashion Design and he was 24 years old. One day while around town he saw a group of high school girls in cheerleading uniforms. He looked closely at the middle girl to only recognize his girlfriend. Before he could say a word, a woman walked up to him and asked, “What can I help you with?”  He stood there with a confused look and said, “The girl in the middle with the green eyes is my girlfriend.” The woman said, “This is impossible because she is my daughter and she is only 17 years old.” The woman asked her daughter,” how old is the guy?”  The daughter answered “24”. The mother was very upset she pressed charges for Statutory Rape, even after her daughter admitted everything was consensual.

Now the guy has to register as a Sex Offender and he is unable to apply for any jobs as a doctor or work within 500 yards of a minor. This type of thing happens to someone almost every day. Even though both parties are of stable mind and consent, the oldest party will be charged with Statutory Rape. If this were you are someone you knew, this would be a very devastating ordeal. The Law of Statutory Rape should be discarded if both parties are in cogent mind and consent with the minor being at least 16 years of age.

            Rape is such a harsh word, when using such a word, it is imperative that it actually describes the act that is taken place. There are three legal degrees of rape. First degree is a person who engages in sexual intercourse with another person who is incapable of consent because of physical helplessness or less than 12 years of age. Second degree is being a person 18 years old or older, engaging in sexual intercourse with another person less than 16 years old. Finally, third degree is being 21 years old or more, and someone engages in sexual intercourse with another person less than 16 years old. It appears to be two degrees of rape relating to age. The tern statutory rape is defined as non- forcible sexual intercourse with a person who is younger than the statutory age of comment. This leads me to ask, “What if the underage party mislead the older party, while in a(n) adult setting?” should not the younger party have charges of entrapment or misleading information placed against them? I say, “Yes!”

The older party could only assume the other party is in close proximity of age if they are in an 18 years old or older environment. But, No!  So I ask, “Does anyone over the age of 23 in a (n) adult setting ask every person he or she is interested in for a driver license and Birth Certificate? Illogical if I may say so.  I could see if the older party was in a (n) open public place such as Wal-Mart, in that case, one should ask appropriate age when approaching someone with the intention of getting to know them. Parents should be more aware of their children whereabouts; this would eliminate some of the other issues we have such as date and gang rape. But the parent of the minor is not all to blame. One could look at bar owners having adequate security to check if everyone is of legal age to be in the facility

            I propose the law of Statutory Rape be amended. If the minor in question is 16 years old or older and is in cogent mind and consent, charges should not be place against the older party. A few people may say, “A 16 year old is not old to make those types of decisions, because they are so young and foolish.”  But saying that we can look at many 18 years old make mistakes and that is the legal age of consent in many states. If the law cannot be amended to incorporate no charges being placed against the older party, I feel we should start pressing charges on the minor in cases like the story above. The minors should be charged with misrepresentation or false information. The definition of misrepresentation is to represent incorrectly, improperly or falsely. That sounds like a minor in a (n) adult setting to me. This would also help to minimize the chances of an older party dating someone under the age of consent. If we charge the minor with the act of misrepresentation or false information, the minor will have a record just like the older party and that would only seem fair, since both parties consented.

            The Law of Statutory Rape should be discarded if both parties are in cogent mind and consent with the minor being at least 16 years of age. I believe this will help many victims who are falsely convicted with the crime of Statutory Rape if the younger party agreed to date and/or have sex with the older party; and the parents became outraged by the ordeal.

Today the young girls are more seductive than in past generations and I am not saying that all girls are. But they dress like they are 23 when they are 15, some of these girls want this attention, until things go wrong. I am pretty sure all of you have your sister, cousin, co-worker or even a random female that have said, “I want an older more mature man”, when they are not even drinking age themselves. This is a disgrace because when these girls get in an adult situation, they want to play, “I am only a child, please take it easy on me role”.  This should not be an excuse; these young girls should be placed under arrest for leading on these men intentionally. DON’T PUT YOURSELF IN AN ADULT SITUATION, STAY IN A CHILD’S PLACE.

According to the Huffington Post, there were 5,651 prosecutions for rape for the period between January 2011 and May 2012, but only 35 making false allegations of rape. 35 may not be a lot but that is too many.  Looking at the Consequences below we need to change this. 

Consequences to Face

The general public’s opinion about sex offenders living in residential neighborhoods is negative, to say the least. There are various assumptions that people make about sex offenders, like there is no treatment for sexual predators and it is highly likely they will commit similar crimes after their release from prison. In addition, laws aimed at punishing or trying to control how criminals of sex crimes reenter society put limits on where they can live, work or travel in their cities or neighborhoods. This creates additional problems like homelessness and unemployment, further poor impressions, among sex offenders, including those who are trying to rehabilitate themselves.

“Consequences of Being a Convicted Sexual Offender.” . Umansky Law Firm. Web. 15 May 2013. <http://www.thelawman.net/Criminal-Defense-Articles/Consequences-of-Being-a-Convicted-Sexual-Offender.shtml&gt;.

 

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