llamatron Posted May 19, 2011 Share Posted May 19, 2011 You're missing my point, children lack the emotional intelligence to make rational choices of that nature-so she may well believe she's a willing participant but it's less likely to be the case as it would be with an adult. define children. Again there are legal definitions but there isn't a real definition as they have differing levels of maturity. We have to pick a number to enable easier prosecutions. Link to comment Share on other sites More sharing options...
RootsBooster Posted May 19, 2011 Share Posted May 19, 2011 Okay I'm what you maight call a "lefty" although not the conventional stereotype. To me there are different kinds of rape, rather than different degrees of rape. Example 1, a girl goes home drunk with a bloke, they're snogging, fondling, having foreplay but then she passes out. She was probably "up for it" until that point so the bloke goes ahead with intercourse anyway. -In my opinion this is clearly rape. Example 2, a man breaks into a single woman's house when she is alone, he subjects her to lengthy multiple rapes throughout the night, beating her, cutting her, humilliating her and terrorising her. She is left in hospital with multiple serious injuries, taking many months to recover. -While some people consider this a worse degree of rape, in my opinion it is many serious crimes. For lack of knowing the legal terms for them: 1. Breaking and entering 2. Rape 3. Extremely serious assault 4. Prolonged physical torture 5. Prolonged mental torture I don't know about how the law deals with this but I would hope the offender receives the maximum sentence for each crime. Link to comment Share on other sites More sharing options...
Tatman Posted May 19, 2011 Share Posted May 19, 2011 Okay I'm what you maight call a "lefty" although not the conventional stereotype. To me there are different kinds of rape, rather than different degrees of rape. Example 1, a girl goes home drunk with a bloke, they're snogging, fondling, having foreplay but then she passes out. She was probably "up for it" until that point so the bloke goes ahead with intercourse anyway. -In my opinion this is clearly rape. Example 2, a man breaks into a single woman's house when she is alone, he subjects her to lengthy multiple rapes throughout the night, beating her, cutting her, humilliating her and terrorising her. She is left in hospital with multiple serious injuries, taking many months to recover. -While some people consider this a worse degree of rape, in my opinion it is many serious crimes. For lack of knowing the legal terms for them: 1. Breaking and entering 2. Rape 3. Extremely serious assault 4. Prolonged physical torture 5. Prolonged mental torture I don't know about how the law deals with this but I would hope the offender receives the maximum sentence for each crime. Good point very well made. Link to comment Share on other sites More sharing options...
boyfriday Posted May 19, 2011 Share Posted May 19, 2011 Okay I'm what you maight call a "lefty" although not the conventional stereotype. To me there are different kinds of rape, rather than different degrees of rape. Example 1, a girl goes home drunk with a bloke, they're snogging, fondling, having foreplay but then she passes out. She was probably "up for it" until that point so the bloke goes ahead with intercourse anyway. -In my opinion this is clearly rape. Example 2, a man breaks into a single woman's house when she is alone, he subjects her to lengthy multiple rapes throughout the night, beating her, cutting her, humilliating her and terrorising her. She is left in hospital with multiple serious injuries, taking many months to recover. -While some people consider this a worse degree of rape, in my opinion it is many serious crimes. For lack of knowing the legal terms for them: 1. Breaking and entering 2. Rape 3. Extremely serious assault 4. Prolonged physical torture 5. Prolonged mental torture I don't know about how the law deals with this but I would hope the offender receives the maximum sentence for each crime. I think the issue is being confused by factors that aggravate or mitigate the offence, obviously in the sentencing exercise your offender in the second example will receive a much higher sentence than the first man, because the circumstances are worse than the first one, and like you say in both cases the woman's been raped as her consent wasn't given. Link to comment Share on other sites More sharing options...
upinwath Posted May 19, 2011 Author Share Posted May 19, 2011 In the case of an adult having sex with a child clearly there are going to be issues surrounding her ability to consent in the first place. I can't argue with that but she had been with a load of partners and bragged about it. That makes it a "No force" event but still bad in that she was so young. I see that as less serious than a lass the same age being forced into sex. Link to comment Share on other sites More sharing options...
Grandad.Malky Posted May 19, 2011 Share Posted May 19, 2011 Not wanting to belittle the debate but lets just consider speeding, there are those that would say speeding is speeding bla bla bla ………. But everyone can see that doing 32 in a 30 zone is in no way the same as doing 50 in a 30 zone. If the serious matter of rape is going to be tackled surely we need to move away from the idea that rape is rape and judge each case on its merits. Tin hat firmly in place. Link to comment Share on other sites More sharing options...
boyfriday Posted May 19, 2011 Share Posted May 19, 2011 I can't argue with that but she had been with a load of partners and bragged about it. That makes it a "No force" event but still bad in that she was so young. I see that as less serious than a lass the same age being forced into sex. Well both are cases of unlawful sexual intercourse uiw as you say, but the circumstances of each offence would be taken account of during the sentencing exercise. We could have a similar debate about any crime-is someone who kills his wife's lover in a fit of rage a murderer the same way that someone who kills a police officer whilst bidding to escape after an armed robbery? Clearly in both cases they've murdered someone, but the sentencing would reflect the aggravating factors. Link to comment Share on other sites More sharing options...
Kthebean Posted May 19, 2011 Share Posted May 19, 2011 I can't really believe there are people on this forum who have to be explained to why it is wrong for an adult to have sex with a 14 year old, even if he/she is 'well up for it'. Link to comment Share on other sites More sharing options...
boyfriday Posted May 19, 2011 Share Posted May 19, 2011 Where do you draw the line lets say a 20 year old is in a relationship with a 15 year old …….. If the “child” as gone to the doctor with her mother and asked to go on the pill because she was having a sexual relationship with an “adult” would there still be issues over consent. I agree Malky, that's why cases in such instances are judged on their own merits, but Im comfortable with the age of consent being 16. Link to comment Share on other sites More sharing options...
boyfriday Posted May 19, 2011 Share Posted May 19, 2011 Not 100% sure how you mean that. I was basically agreeing with what you said, just interfering in the way you said it Roots. Link to comment Share on other sites More sharing options...
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