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TarsTarkas
Joined: 20 Dec 2007
Posts: 5873
Location: Virginia, United States
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Posted: Sat Aug 02, 2014 2:42 pm
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KPhilipsen wrote: | By all means a rape claim is not needed but I would think that if one had been made, as claimed, that the police should charge the individual in question. I'm actually kind of shocked that this isn't the case. If anyone has a screen shot of this claim it should be as cut and dried as copying and sending it to the police. Somebody should do this!
Absolutely the individual in question would and should go to jail if proven guilty for any offence. I do however think the differences between statutory rape and sexual assault do matter both for legal implications for the individuals and ramifications and changes that should be made by convention organizers. Whether or not a SDCC con goer was raped or whether they had consensual, if underaged, sex at the convention has legal, regulatory and safety ramifications.
Absolutely, providing alcohol to a minor is illegal and would show intent.
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Since a minor cannot give consent in any form, any sexual contact is rape. It is also statutory rape, since she is a minor.
The police can charge him with both, if they want too. Also, if there isn't an actual rape charge against him now, they can always add it on later if they want to. This is nothing new. This is done alot, lesser charges that are easier to prove are made first, and then more serious charges added when the evidence and witnesses come in.
Really, don't see what the convention should do. It is like saying McDonalds needs armed security guards, just in case, one customer assaults another customer. As it stands now, lots of public consumer centric businesses fire their employees for trying to help their patrons.
But hey, if the American public wants armed security guards in every room, every hallway, every bathroom, and every patio, who am I to say different. Just be willing to pay for it when your average convention ticket jumps over the hundred dollar mark.
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Kougeru
Joined: 13 May 2008
Posts: 5536
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Posted: Sat Aug 02, 2014 2:43 pm
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I hope they take into account the possibility the used the drugs/alcohol of her own choice, as many teens at convention after-parties do. I'm also inclined to believe she probably did tell him she was over 20, because I've heard and overheard obviously underage girls telling people at conventions they were 21 or 22 so that people would by them drinks. No different than a high school party. So often we have victims that take zero responsibility for the choices they made when bad things happened, especially things like this that could've possibly have been avoided simply by not hanging around older people.
All that said, and I hate making judgements based on appearances, but I've never met a nice guy that wore that style of shirt. Ever. They just seem to scream "jerkface" when they walk around wearing those disgusting non-shirts. If a place says "no shirt, no service" I really wish those would not count as shirts. So gross.
Also, apparently some people don't realize that the image on the 3rd part of the story, is NOT the 17-year-old, despite her face being blurred. His FB page has that picture and she is tagged, and is a 25-year-old unrelated to this story completely.
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Mikeski
Joined: 24 Sep 2009
Posts: 608
Location: Minneapolis, MN
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Posted: Sat Aug 02, 2014 2:58 pm
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Kougeru wrote: | Also, apparently some people don't realize that the image on the 3rd part of the story, is NOT the 17-year-old, despite her face being blurred. His FB page has that picture and she is tagged, and is a 25-year-old unrelated to this story completely. |
Jeez. Then ANN should have cropped her out of the picture entirely, not just blurred her face. Linking an innocent third party to this situation (given how easy reverse image search is) is not good form.
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TarsTarkas
Joined: 20 Dec 2007
Posts: 5873
Location: Virginia, United States
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Posted: Sat Aug 02, 2014 3:04 pm
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What the minor was doing, what the minor was saying, and/if the minor was drinking alcohol or doing drugs is irrelevant in the eyes of the law. It has always been the adults responsibility to ensure the age of the minor (even if they lie about their age), and the adult's responsibility, not to take advantage of a minor under the influence of alcohol or drugs. To some degree that is also true of activities between two adults.
You know this is nothing new, it has been that way for ages now. If you fool around with minors, you are going to get burned sooner or later.
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TarsTarkas
Joined: 20 Dec 2007
Posts: 5873
Location: Virginia, United States
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Posted: Sat Aug 02, 2014 3:07 pm
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Mikeski wrote: |
Kougeru wrote: | Also, apparently some people don't realize that the image on the 3rd part of the story, is NOT the 17-year-old, despite her face being blurred. His FB page has that picture and she is tagged, and is a 25-year-old unrelated to this story completely. |
Jeez. Then ANN should have cropped her out of the picture entirely, not just blurred her face. Linking an innocent third party to this situation (given how easy reverse image search is) is not good form. |
ANN is not some multi-million dollar operation, that has the staff or the time to do that kind of editing or investigative journalism.
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Dynamo-
Joined: 02 Aug 2014
Posts: 80
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Posted: Sat Aug 02, 2014 3:11 pm
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TarsTarkas wrote: | What the minor was doing, what the minor was saying, and/if the minor was drinking alcohol or doing drugs is irrelevant in the eyes of the law. It has always been the adults responsibility to ensure the age of the minor (even if they lie about their age), and the adult's responsibility, not to take advantage of a minor under the influence of alcohol or drugs. To some degree that is also true of activities between two adults.
You know this is nothing new, it has been that way for ages now. If you fool around with minors, you are going to get burned sooner or later. |
Two exceptions:
-parental consent
-when the minor is being charged with a crime.
I'm not sure how they look into possible deception or if they even bother.
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Kadmos1
Joined: 08 May 2014
Posts: 13580
Location: In Phoenix but has an 85308 ZIP
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Posted: Sat Aug 02, 2014 3:54 pm
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agila61 and aramaki, my comment is more in line with the comment that Dynamo- said about the offender being the forthcoming one.
In a violent crime where victim isn'y really forthcoming on using drugs or that they were drunk prior to the event happening, that's what I mean by mitigating.
L.A. Criminal Defense Attorneys Stephen G. Rodriguez & Partners have a Legal Dictionary on their site. The "Sex With A Minor" entry says that when a 21+ defendant harms a 16+ victim, a convicted felony says that they are in a state prison from 16 months-4 years and be fined up to $10,000.
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HeeroTX
Joined: 15 Jul 2002
Posts: 2046
Location: Austin, TX
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Posted: Sat Aug 02, 2014 4:13 pm
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TarsTarkas wrote: | ANN is not some multi-million dollar operation, that has the staff or the time to do that kind of editing or investigative journalism. |
Then don't post it AT ALL. Frankly, this ISN'T news, right now at BEST this is just innuendo and gossip and I agree with poonk that it's kind of ugly to be discussing this tawdry situation when all we really have are hearsay and accusations.
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TarsTarkas
Joined: 20 Dec 2007
Posts: 5873
Location: Virginia, United States
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Posted: Sat Aug 02, 2014 4:23 pm
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Dynamo- wrote: |
Two exceptions:
-parental consent
-when the minor is being charged with a crime.
I'm not sure how they look into possible deception or if they even bother. |
Parents cannot consent to statutory rape, drinking, or drug use. Doing some makes them criminal accomplices.
Even if a minor was being charged with a crime, it doesn't remove the adult's responsibility not to contribute to the delinquency of a minor, not to have relations with a minor, and not to assault a minor in any form.
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Eisenmann V
Joined: 06 Nov 2013
Posts: 212
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Posted: Sat Aug 02, 2014 4:25 pm
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The_way67 wrote: | Young women that take drugs and drink...should know what trouble may come their way from their own stupidity.
Climbing walls/fences because you're a crazy drugged up girl isn't an excuse for stupidity. |
Yeah, because that totally excuses the statutory rape.
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Dynamo-
Joined: 02 Aug 2014
Posts: 80
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Posted: Sat Aug 02, 2014 4:31 pm
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TarsTarkas wrote: |
Dynamo- wrote: |
Two exceptions:
-parental consent
-when the minor is being charged with a crime.
I'm not sure how they look into possible deception or if they even bother. |
Parents cannot consent to statutory rape, drinking, or drug use. Doing some makes them criminal accomplices.
Even if a minor was being charged with a crime, it doesn't remove the adult's responsibility not to contribute to the delinquency of a minor, not to have relations with a minor, and not to assault a minor in any form. |
I just mentioned the criminal part because judicial system CAN pick and choose its application in certain situations.
Parental consent might vary state to state in terms of statutory rape like most laws do in the US. Many of the rich/ those with celebrity status get away with it do to this. Either that or just no one presses any charges.
Eisenmann V wrote: |
Yeah, because that totally excuses the statutory rape. |
Thats a subjective thing. He'll, I've been in a similar situation before. It's kind of funny, if she didn't fall off a fence none of this would have happened... And I could go randomly kill someone and it would be a lesser crime in many states.
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TarsTarkas
Joined: 20 Dec 2007
Posts: 5873
Location: Virginia, United States
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Posted: Sat Aug 02, 2014 4:47 pm
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Well, you all can make excuses and legal babble all you want. The bottom line, if you fool around with minors, it is going to come back on you sooner or later. Just like any other crime.
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Dynamo-
Joined: 02 Aug 2014
Posts: 80
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Posted: Sat Aug 02, 2014 4:53 pm
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TarsTarkas wrote: | Well, you all can make excuses and legal babble all you want. The bottom line, if you fool around with minors, it is going to come back on you sooner or later. Just like any other crime. |
I know how it works. I'm just looking at this objectively; and since this doesn't involve me I'm not making excuses. I could be put on lists of sexual predators for urinating in the woods to, doesn't make it right.
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wohdin
Joined: 10 Jun 2011
Posts: 352
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Posted: Sat Aug 02, 2014 5:00 pm
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I'm not gonna comment on the topic itself because it's a massive shitstorm waiting to happen, but I always cringe whenever I read something like "made a statement on Facebook". People don't "make statements" on social media. That is giving social media FAR too much credit and legitimacy.
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Keiichi-chan
Joined: 22 Oct 2008
Posts: 143
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Posted: Sat Aug 02, 2014 5:05 pm
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it does sound like they broke up, she got really drunk and hurt herself by accident.
wasn't it mentioned in another article that he drove her to the convention? did he pick her up from her mother's house? it seems like the mom may have been totally aware of the relationship and consenting to it, but since her daughter was harmed, the mom wants someone to blame. i don't think she conveniently forgot being raped because of the brain injury like an episode of a tv show.
if she said she hurt herself accidentally, that's probably all that happened. too many people had already decided the girl was raped and assaulted, and they're going to cling to that narrative until it's absolutely proven not to be true.
Quote: | It's kind of funny, if she didn't fall off a fence none of this would have happened... And I could go randomly kill someone and it would be a lesser crime in many states. |
i agreed with you up to this point..i don't think MURDER is a lesser crime than rape in any state. it sucks for the photographer, because he seems to be forthcoming and doing the right thing; he was even concerned about the girl on his facebook page and asked any witnesses that knew what happened to help the police's investigation.
his jailbait girlfriend's reckless actions sorta threw him under the bus. that's the risk you run when you date immature, underage girls, though.
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