Should a man who commit statutory rape be acquitted under these circumstances?
I have seen many cases in which an underage girl uses a fake id to get into a night club and appears to look over 18 due to the way she dress and how she looks like.
She meets a guy in the club then when they both go to his place she makes the move on him and gets sex not teling him her real age then when the guy does it he is looking at jail time and having to register as a sex offender.
In cases such as this I believe that an acquittal is justice because the victim put herself in that situation by not giving her real age out.
Am I making a good point?
Answers:
I agree 100%. She entered that entire situation willingly and under false pretenses. If those two elements were involved in almost any other type of case, there would be no legal standing for charges to be pressed.
Yes, the little harlot is to share the blame..you tease-you suffer
Yes. The guy is not at fault WHATSOEVER. It's not like he picked her up at a kiddy playground, he was looking for a partner in a place where people of legal age go, a club. If anyone should be prosecuted it should be the girl who has the fake ID.
Yeah, I know what you mean.
That is very unjust they should be the one going to jail and being registered they would be breaking the law in many places for one any one could look like a pimp and just go into there and then it would ruin some guys life just because of what she/he did BTW guys do that too.
Yes, I believe that there should be a "good faith" exception. or a "fraudulent minor" exception if you prefer.
Where the adult makes a good faith effort to verify the other person is over the age of consent, and the minor intentionally commits fraud and lies to appear over age -- that should be an affirmative defense.
No. I think you are wrong. A man should make sure of her age.That is what happen when you want a fast fix ,if you know what i mean. Better check or the payment will be high.
Young girls aren't as mature at making these decisions as men are.
Many people would be sympathetic to this point, but statutory rape is a strict liability crime--meaning that if you do it, you're in trouble even if you weren't otherwise at fault. States with these laws have chosen to protect underage teenagers, even if it means "innocent" adults will sometimes get in trouble.
Adults have the responsibility to avoid having sex with underage teenagers, even if the teenager is being deceptive. If there is any doubt, maybe you should just get out of the situation, and try to date women your own age!
I say yes he should. Guys know the risks. If they play, and get caught, then they pay.
Excellent point, but in less you get a copy of the ID how are you going to prove it. I also think that the parent of the girls should monitor the action of there children from how they dress and where they go. As a mother I make sure that my child dress her age and only let her go to certain places. A girl should also get into trouble for portraying an age she isn't. Its like entrapment if you ask me.
ABSOLUTELY!
That's a great point because first of all the girl put herself in that situation!
But you ask as though someone near to you is in this situation, because most should know that someone in this situation deserves and acquittal.
But absolutely. I don't even know why girls let people find out about those kind of things when they put themselves in the scenarios. It's ridiculous.
They make themselves look really stupid.
I think so . I think she should be charged with some type of crime, like impersonating an adult. She is setting a guy like this up on purpose.. However, neither should be going home with someone they just meet. Parents ought to keep these kids home. Where are the parents? Wake up out there!
Somebody be responsible.
yeah unfortunately the law doesnt work that way..it doesnt matter that she showed a fake id, or that she was in the club... if a person has sex with an underage girl then he i defintely going to jail. its a messed up law but its there..like if a guy of 16yrs old has sex with a 14 and half girl. he is commiting a crime too, and thats the law. messed up isnt it?
No you are not making a good point, a minor in a bar does not exclude a person from rape charges, even consensual sex is illegal with a minor, as that black athlete found out by receiving sex from a 15 and 17 year old and he was in the same age range,
. He is serving 8 years , your friend should have to pay the same price.
You may make a good point, but I'm fairly certain that one is strictly liable for such an offense in just about all jurisdictions, meaning that there are no excuses if the act took place. Also, it seems unlikely that anybody with "lawmaking" authority would want to advocate an affirmative defense for something like this. You would likely be perceived as a creep, right or wrong.
Legally, since she's a minor and not deemed responsible, you're on the hook.
Ethically, if she really appears over 18, they should decline to prosecute.
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